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U^^/^s/P,/>sro
f^i
^arbarb CoUege ILifararp
FROM THE
BRIGHT LEGACY
One half the income fram this Legicv, which w« re-
ceived Id iSBo under the will ii{
JONATHAN BROWN BMCHT
of WMlthim, MisitichusciCfi, ii TQ be fxpeadciJ for booki
for ihc Colltf<r Library. Tht oihrr hiJf of the income
it devdird Ta EctioLArshipt in Harvard Univtriiity for the
benrit of deicendiDti of
KESRY BRIGHT, JR*,
who died It Waiertdirn, Mviacbu^elU^ in 1&S6, In the
ih»f nte <jf iucb deicendinLt^ other person* ire eUfiblcr
tn ibc icbolarahlpi. The i^]]l requires ihat this mnDDaace-^
ment ihall bt made in every book iddcrd lo the Ltbfaiy
utidcr \\% provigicni.
r
1
LAWS
OF THE
STATE OF NEW YORK
PASSED AT THE
Sessions of the Legislature
HELD IN THE YEARS
1785, 1786, 1787 and 1788, inclusive,
BEING THE EIGHTH, NINTH, TENTH AND ELEVENTH SESSIONS.
REPUBLISHED BY THE SECRETARY OF STATE, PURSUANT TO
CHAPTER THREE HUNDRED AND FORTY-ONE OF THE LAWS
OF EIGHTEEN HUNDRED AND EIGHTY-FIVE.
VOLUNIE II.
^ALBANY:
WEED PARSONS AND COMPANY. PRINTERS.
1886.
/<^v
^^TK^coi^
^<^^
MAR n i[;:)3
aS.'I'O'/ -'■
Chapter 341.
AN ACT to provide for the publication of the session laws from
seventeen hundred and seventy-seven to eighteen hundred and one,
inclusive.
Passbd May 37, 1885; Uiree-fifths being present.
The People of the State of New York, represented in Senate and Assembly ^
do enact as foiunvs :
Section i. The Secretary of State is directed to republish, verbatim,
preserving the original spelling and punctuation, the session laws of this
btate from seventeen hundred and seventy-seven to eighteen hundred and
one. both inclusive. References showing when each law was amended
or repealed, may be added.
J 2. The republication shall be in octavo volumes of not less than six
hundred or more than seven hundred and fifty pages each, with an index
to each volume, and of a matenal equal in style and quality to the session
laws of eighteen hundred and eighty-four.
I 3. The edition shall consist of one thousand copies and shall be dis-
tributed as follows : One copy to each judicial district library ; one copy
to the clerk's office of each county ; one copy to each justice of the
supreme court, and each judge of the court of appeals ; one copy to each
legislative library, and each State department ; two hundred copies to the
trustees of the State library, for literary and scientific exchanges. The
remainder shall be deliverea to the trustees of the State library, and such
trustees shall reserve sufficient copies for the future use of the State, and
in their discretion sell the balance at a price to be fixed by them, and pav
the proceeds into the treasury of the State.
§ 4. Six thousand dollars, or so much thereof as may be necessary, is
hereby appropnated out of any money in the treasury not otherwise
appropriated, to carry this act into effect, and the same shall be paid by
tne Treasurer on the warrant of the Comptroller in such sums and to such
persons as the Secretary of State shall approve. The work herein author-
ized shall not be begun unless it can be completed for the sum herein
appropriated.
% 5. The title page of each volume shall state that it was published
pursuant to this act. and the same may be cited in any action or pro-
ceeding with the same force as the original edition.
§ 6. This act shall take effect immediately.
Statb or New York, ( .
OfiBce of the Secretary of Sute, f "' '
1 Have compared the preceding with the original law on file In this office, and do hereby certify
tbat the same is a correct transcnpt therefrom and of the whole of said original law.
FREDERICK COOK,
Secretary of Sute.
STATE OF NEW YORK, )
Office of the Secretary of State, ) ^^' * *
I hereby certify that the Laws, contained in this volume, were repub-
lished by me pursuant to chapter three hundred and forty-one of the
Laws of eighteen hundred and eighty-five.
FREDERICK COOK,
Secretary of State.
LAWS
STATE OF NEW-YORK,
PASSED AT THE
FIRST MEETING OF THE EIGHTH SESSION OF THE LEGISLATURE.
CHAP. 1.
AN ACT further to continue the treasurer of this State in office.
Passed the iiih of November, 1784.
Whereas by the act further continuing Gerard Bancker Esquire Preamble;
treasurer of this State the time of his continuance in oflSce was limitted treaaurer's
to sixty days after the rising of the Legislature at their next meeting JSS um-
after the first Monday in July which would be in the year of our Lord ******
one thousand seven hundred and eighty four.
Bf if therefore enacted by the People of the State of New York repre-
sented in Senate and Assembly and it is hereby enacted by authority of the
same^ That the said Gerard Bancker shall be and he is hereby further Gerard
continued in office as treasurer of this State until sixty days after the ^"P|''*L|
rising of the Legislature at their next meeting after the first Monday in for one
July which will be in the year of our Lord one thousand seven hundred ^®"**
and eighty five.
And be it further enacted by the authority aforesaid^ That the said oatb of
Gerard Bancker shall on or before the first day of December next, take ^®<'®*
such oath as was directed and required by the third clause of the act
entitled "An act to appoint a treasurer of this State," passed the first
day of April in the year of our Lord one thousand seven hundred and
seventy eight
And be it further enacted by the authority aforesaid That the speaker Bond of
of the Assembly for the time being shall take a bond from the above JJ^Je"*^**^'
named Gerard Bancker on or before the said first day of December lodged in
next, with not less than four sufficient sureties, to the people of this State J^J|^'*
m the sum of twenty thousand pounds lawful money of this State, with
a condition that he the said Gerard Bancker shall and will during his
Vol. 2. — I.
JAWS OF NEW YORK.
[Chap. 2.
continuance in the said office of treasurer, well faithfully and honestly
execute and perform the said office ; which bond when so taken shall
be lodged in the secretary's office of this State,
CHAP. 2.
Preamble.
Oomml»-
slonera to
run out
Massa-
chusetts
boundary
line; two
to act.
Preamble;
two com-
missioners
may not
attend.
Surveyor
general
added to
commls*
slon.
AN ACT to amend an act entitled "An act to appoint commis-
sioners to complete the running of a jurisdiction line between
this State and the State or Commonwealth of Massachusetts,
passed the 17th day of March 1783."
PASSEi>th&iithwof November, 1784.
Whereas by the act entitled "An act to appoint commissioners to
complete the running of a jurisdiction line between this State and the
State or Commonwealth of Massachusetts, only three persons, to wit,
the Honorable Robert Yates and Philip Schuyler Esquires, and Gerard
Eancker Esquire are declared commissioners on the part of this State,
who, or any two of whom shall have full power and are thereby author-
ized to meet with commissioners who are or may be lawfully authorized
and appointed by the said State or Commonwealth of Massachusetts,
and in conjunction with such commissioners, to be appointed on the
part and behalf of the said State or Commonwealth of Massachusetts,
to run out and mark the said jurisdiction line according to the true
intent and meaning of certain articles made and entered into on the
eighteenth day of May- in the year one thousand seven hundred and
seventy three between the commissioners appointed by an act of the Leg-
islature of the late Colony of New York and commissioners appointed
by an act of the Legislature of the late Colony of Massachusetts-bay,
which agreement is particularly set forth in the act of the Legislature
of this State herein in part recited. And whereas it may prove incon-
venient or impracticable for two of the commissioners so named in the
said recited act to attend to the discharge of the trust reposed in them
by the said act ; whereby the final running and marking the said juris-
diction line may be procrastinated and a great expence be unnecessarily
incurred.
B( it tJierefore enacted by the People of the State of New York repre-
sented in Senate and Assembly^ and it is hereby enacted by the aut/iority of
the same, That Simeon DeWitt Esquire, surveyor general of this State,
shall be and is hereby declared to be one of the commissioners on the
part of this State, and who together with die said Robert Yates, Philip
Schuyler and Gerard Bancker, the commissioners named in the said in
part recited act, or any two or more of them the said Robert Yates
Philip Schuyler, Gerard Bancker, and Simeon DeWitt shall have full
power and are hereby authorized to meet with commissioners who are
or may be lawfully authorized and appointed by the said State or Com-
monwealth of Massachusetts^ and in conjunction with such commission-
ers to be appointed on the part and behalf of the said State or Com-
monwealth of Massachusetts to run out and mark the said jurisdiction
line according to the true intent and meaning of the said articles of
agreement as fully and effectually to all intents and purposes as if the
said Simeon DeWitt had been expressly declared, appointed and author-
ized to be one of the said commissioners on the part of this State in and
by the said in part recited act. .
r\
Chap. 4.] EIGHTH SESSION.
CHAP. 3.
AN ACT to pardon Teunis Casey alias Teunis Keire of the felony
therein mentioned.
Passed the nth of November, 1784.
Whereas Teunis Casey alias Teunis Keire is confined in the gaol of Preamble :
the city and county of New Yorlr for the murder of Sarah Rhodes in caaey**con-
February last, whereof he was convicted by the name of Teunis Casey v^cted of
and sentence of death passed against him for the same at a court of oyer found *
and terminer and general gaol delivery held in and for the city and *"**°««
county of New York in May last.
Ami whereas it appears to the Legislature that the said Teunis Casey
alias Teunis Keire was at the time of the murder and conviction afore-
said disordered in his mind, and he has been represented to the Legis-
lature as a proper object of mercy.
Be it therefore enacted by the People of the State of Ne^v York repre-
sented in Senate and Assembly^ and it is hereby enacted by the authority of the
sanuy That the said Teunis Casey alias Teunis Keire is hereby fully and Teunia
absolutely pardoned and discharged of and from the felony and judg- doSe^.^*''
ment aforesaid, and of and from execution for the same.
And whereas it has been suggested to the Legislature that if the said
Teunis Casey alias Teunis Keire should be suffered to go at large he
might prove dangerous to the community.
Be it further enacted by the authority ciforesaid^ That it shall and may Mayor,
be lawful for the mayor aldermen and commonalty of the city of New fj^w York,
York to confine the said Teunis Casey alias Teunis Keire in the brid- ?*'^i^°"
well of the said city, or in such other place as to them may seem con- in the"^
venient. bridewell.
CHAP. 4.
AN ACT to appoint agents or commissioners for vindicating* the
right and jurisdiction of this State against the claims of the
Commonwealth of the Massachusetts pursuant to the Articles
of Confederation and Perpetual Union of the United States.
Passed the 12th of November, 1784.
Whereas the United States of America in Congress assembled, at Prearabie;
-- - -• - - - act of —
' gress.
the city of Annapolis, on the third day of June last, did make and pub- *^' °^ ^^"*
lish a certain act in the words following, that is to say.
" By the United States in Congress assembled in the city of Annapolis
on the third day of June, in the year of our Lord one thousand seven
hundred and eighty four, and in the eighth year of the independence of
the United States of America.
" To the legislative authority of the State of New York. It is hereby
made known, that pursuant to the ninth of the Articles of Confederation
and Perpetual Union, the Legislature of the Commonwealth of Massa-
chusetts, have presented a petition to Congress in the words following —
"To \\\Q United States in Congress assembled — The petition of the PetlUonof
legislature of the Commonwealth of Massachusetts — Sheweth — That weSth^of"
whereas James the First, late king of Great Britain, by his letters patent, Massar-
4 LAWS OF NEW YORK. [Chap. 4.
chusetts bearing date at Westminster the third day of November in the eighteenth
boundary^ Y^^ ^^ ^^^ reign, granted unto the council established at Plimouth in the
letters county of Devon and kingdom of Great Britain, commonly called the
From" King council for planting, ruling and ordering, and governing of New England
James I. [j^ America, all that part of America, lying and being in breadth from
forty to forty eight degrees of northerly lattitude, and of lenght of and
within all the breadth aforesaid throughout the main lands from sea to
sea, to hold the same to themselves, their successors and assigns forever:
A/td whereas the said council established at Plimouth by their deed,
indented under their seal, dated the nineteenth day of March in the
third year of the reign of Charles the First, late king of Great Britain,
did bargain sell, enfeoff alien and confirm unto Sir Henry Roswell and
his associates, and to their heirs and assigns, all that part of New Eng-
land in America, which lieth and extendeth between a great river called
Merrimac, and a certain other river there called Charles river, being the
bottom of a bay there called Massachusetts bay, and also all those lands
lying within three English miles to the southward of the southermost
part of the said bay, and extending thence northward in lattit.ude to the
northward of every part of the said river Merrimac, and in the breadth
of lattitude aforesaid, extending throughout all the main land in longi-
tude westwardly to the Southern ocean. And the said Legislature in their
claim herein prescribed, do aver, that the point or place situate three
miles south of the bay called Massachusetts bay, is a point or place situ-
ate in forty two degrees of northern lattitude two minutes north, and that
the place point or boundary aforesaid of three miles to the northward
of every part of the river Merrimac, is a place or point situate in forty
four degrees northern lattitude fifteen mmutes north, and that by the
grant aforesaid, the said Sir Henry Roswell and his associates became
seized of all the lands before described and contained in the grant afore-
said of the said council established at Plimouth; and that the same
grant was confirmed to the said Henry Roswell and his associates by
the said King Charles by his letters patent, dated in the fourth year of
his reign, and that the said Sir Henry Roswell and his associates were
immediately upon the making the grant aforesaid by the said council,
in the actual seizen and possession of all the lands aforesaid, and for
many years held the same under the name and title of the Governor
and Company of Massachusetts Bay in New England : And that such
proceedings and possessions have been done and had respecting the
territory aforesaid, granted to the said Sir Henry Roswell and his asso-
ciates, and such subsequent grants have been made of the same, that all
the said territory is now the just and proper right of the Commonwealth
aforesaid, and all this the said Legislature are ready to verify.
New York ^^And whereas the State of New York have set up a claim to some
claims part P^^^ ^^ ^^ h^xiA before mentioned, and it being highly necessary to have
of the the same claims brought to an immediate decision. They do therefore
Ian 8. jj^ behalf of the said Commonwealth most solemnly request the United
Confrress States of America in Congress assembled, that commissioners may be
appofnV^ appointed for enquiring into and determining upon the claim aforesaid
Bk)n™'*t ^^ ^^^ ^^^^ Legislature, and that such other proceedings respecting the
determine premises may be had, as are by the Federal government of the said
verey!!*" United States in such cases made and provided."
Day fixed "And that the first Monday in December next, is assigned for the
log.''*"* appearance of the said States of Massachusetts and New York by their
lawful agents at the place in which Congress shall then sit, to proceed
in the premises, as by the said Articles of Confederation and Perpetual
Union is directed.'*
Chap. 4.J EIGHTH SESSION.
Be it therefore enacted by the People of the State of Ne^v York repre- Agents
to rep
sent tl
State.
seftied in Senate and Assembly y and it is hereby enacted by the authority of ^s'K"*t«d
- - _j repre-
the same. That James Duane, John Jay, Robert R. Livingston, Egbert JJJ/^/****
Benson and Walter Livingston Esquires, shall be and they are hereby
declared to be agents for this State in the controversy between this
State and the said Commonwealth of Massachusetts in the said recited
act of the United States in Congress assembled mentioned ; and the
said James Duane, John Jay, Robert R. Livingston, Egbert Benson
and Walter Livingston Esquires, or any two or more of them are hereby
authorized and directed on the day and place for that purpose in the
said act limitted, and at such other times and places as the occasion
shall require in behalf of this State to appear before the said United
States in Congress assembled, in order by the joint consent of them the
said agents, or any two or more of them and the agents on the part of Appoint-
the said Commonwealth of Massachusetts, to appoint commissioners or ^®Jm?»-
judges to constitute a Federal court for hearing and determining the sinners to
controversy aforesaid. And if it shall so happen, that the agents for control. "*
the said State of New York and Commonwealth of Massachusetts ^^^^ ****^
respectively shall not agree by joint consent in appointing commission-
ers or judges to constitute such court, then it shall and may be lawful
to and for the said agents on the part of this State, or any two or more
of them, and they or any two or more of them are hereby authorized
and required to proceed in behalf of this State to the appointment of
such commissioners or judges in the manner and form directed and
prescribed in and by the said Articles pf Confederation and Perpetual
Union, and also to appear before th^ said commissioners or judges,
when lawfully constituted and there to represent this State, and to man- Agents to
age vindicate and defend the rights and jurisdiction thereof against the ri^^hts^of
claim of the said Commonwealth of Massachusetts by all lawful ways this state;
and means with full power and authority to employ such council, learned l"npioy
in the law and sucli solicitors as they shall think necessary to enable counsel-
them more effectually to discharge the trust reposed in them by this act.
And be it further enacted by the authority aforesaid^ That it shall and Secretary
may be lawful, to and for the secretary of the State of New York, and andm^!er
the clerk of the city and county of Albany or their respective deputies, officials to
and for the respective clerks of the Senate and Assembly of this State, plpew on
to produce on the hearing of the controversy aforesaid, and for that |q|,^®*''
purpose to convey out of the State, all such original papers remaining in
their respective offices, as by the agents herein appointed to manage
the controversy aforesaid, on the part of this State, or any two or more
of them shall be judged necessary for the better manifestation of the
boundaries and jurisdiction of this State. Provided always
And be it further enacted by the authority aforesaid^ That this act, or Proviso;
any article clause matter or thing herein contained, shall not extend or J^JJement
be deemed, construed, adjudged or taken, to annul, alter or in anywise ^^^JtSifJ^is
affect certain articles of agreement, made* and concluded upon the not to be
eighteenth day of May in the year of our Lord, one thousand, seven thia^i^t.^^
hundred and seventy three between commissioners appointed by an act
of the Legislature of the late Colony of New York, and commissioners
appointed by an act of the Legislature of the late Colony of Massa-
chusetts Bay. Nor to annul, alter, or in anywise affect a certain instru-
ment in writing bearing date the eighteenth day of May in the year last
aforesaid under the hands and seals of the then governors of the said Proceed-
Colonies of New York and Massachusetts Bay respectively signifying fSfSie"***"^
their approbation of the said agreement ; nor any act or proceeding in J^^®™^*
pursuance of the said articles of agreement which have been done and affected.
LAWS OF NEW YORK.
[Chap. 5,
Proceed-
ings of
coramis-
siuners
now run-
Din«r Hue
not to be
affected.
Certain act
repealed.
performed, since the settlement of the said jurisdiction line by commis-
sioners and surveyors appointed, as well on the part of this State while
the Colony of New York, as on the part of the State or Commonwealth
of Massachusetts, while the Colony of Massachusetts Bay, respecting
the running and marking in part, the jurisdiction line, in the said articles
of agreement described ; nor any act or proceeding which is now doing
and performing, or shall be done and performed by the commissioners
and surveyors appointed on the part of this State, and on the part
of the State or Commonwealth of Massachusetts, to complete the said
jurisdiction line according to the true intent and meaning of the said
articles of agreement.
And be it further enacted by the authority aforesaid, That a certain act
of the Legislature of this State entitled "An act to empower the Con-
gress of the United States of America to determine all controversies,
relative to certain lands in the counties of Cumberland, Gloucester,
Charlotte and Albany, commonly called the New Hampshire grants"
passed the 21st day of October 1779, so far as the same act respects
claims or boundaries in controversy between this State and the State
or Commonwealth of Massachusetts Bay, be and the same hereby is
repealed.
CHAP. 5.
Preamble.
Jane
Blake« ad-
ministra-
trix of
Jonathan
Blake, to
exhibit In-
ventory to
Daniel
Dunscomb
and
others.
Jane
Blake and
others
named
may con-
vey parts
of the es-
tate, real
or per-
sonal, to
pay debts.
AN ACT for the relief of Jane Blake, and the creditors of her
late husband Jonathan Blake deceased.
Passed the i8th of November, 1784.
Whereas it appears by the last will and testament of Jonathan
Blake deceased, that Jane Blake sole executrix of the said will and tes-
tament, is not by the said will authorized to sell and dispose of any
part of the estate of her late husband for the payment of the debts
contracted by him; and it also appears to the Legislature that the
annual income of the said estate is altogether inadequate to the pay-
ment of the said debts.
Be it therefore enacted by the People of the State of Neiu York, repre-
sented in Senate and Assembly, and it is hereby enacted by the authority
of the same, That it shall and may be lawful to and for Jane Blake sole
executrix of the last will and testament of Jonathan Blake late of the
city of New York deceased, to exhibit on oath to Daniel Dunscomb
Daniel Niven and John Elliott all of the said city a true inventory
of all the real and personal estate of the said Jonathan Blake deceased
that hath come to her knowledge, and also a true inventory to the best
of her knowledge and belief of the debts due by the said Jonathan
Blake at the time of his decease, whether by bond mortgage or other-
wise; and that it shall and may be lawful to and for the said Jane Blake
Daniel Dunsccmb Daniel Niven and John Elliott or any three of them
to sell, dispose of and convey such part or parts of the said estate either
real or personal as in the judgment of them or of any three of them
shall be sufficient to discharge all debts due or monies owing by and
from the estate of the said Jonathan Blake deceased, and to give good
and sufficient releases and conveyances in fee simple for the same.
And if the monies that arise by such sale or sales shall exceed the
monies due to the creditors of the said Jonathan Blake, the surpluss
after payment of the creditors shall by the said Jane Blake be disposed of
Chap. 6.] EIGHTH SESSION. 7
and applied as by the said will and testament the personal estate of the
said Jonathan Blake deceased, is directed to be disposed of and applied.
And if the monies that may arise by the sale or sales of the whole Mortgagee
real and personal estate of the said Jonathan Blake deceased should not ^feJf
be sufficient to discharge the monies due to the creditors the said Jane ^c«| >J o*
Blake Daniel Dunscomb Daniel Niven and John Elliott or any three solvent^
of them shall out of the monies to arise by such sale or sales pay the
debts due on mortgage or mortgages as the law directs and divide the
residue among the remaining creditors in proportion to their respective
jost demands against the said estate, preferring debts due on specialties
to those due on simple contracts.
And be further enacted by the authority aforesaid That the said trus- Trustee*
tees shall before they exercise any of the powers to them hereby given, Sie^^tond
file in the Court of Chancery a bond to the register or one of the clerks in chan-
of the court in such penalty as the chancellor shall think fit, with a ^^\
condition that they the said trustees will well and faithfully discharge
the trust and powers in them by this act vested, and irender a just and
true account of the said estate when thereunto lawfully required.
And be it further enacted by the authority aforesaid^ That the trustees Trustees
appomted by this act shall have the same power to cite any of the cred- JJIu JJ^er
itors of the estate of the said Jonathan Blake deceased within the to cite
description of the fourth clause of the act entitled An act relative to before^Siy
debts due to persons within the enemies lines, passed the 1 2th day of <»u«^. o^«
July 1782, before any court of law within this State to have a settle-
ment of the debt of the said creditor or creditors, and to make pay-
ment agreeable to the mode prescribed by the said act, as fully and
effectually as the said Jonathan Blake would have had in case he was
now living.
CHAP. 6.
AN ACT for the establishment of a custom house.
Passed the 1 8th of November, 1784.
Whereas the establishment of a custom house, and the appoint-
ment of proper officers for the regular collection of the impost is neces-
sary.
Be it enacted by the People of the State of New York represented in Collectors
Senate and Assembly ^ and it is hereby enacted by the authority of the same, ?' bS^^S.™"
That it shall and may be lawful for the governor or person administer- pointed
ing the government, of this State for the time being, by and with the pons^of
advice and consent of the council of appointment, from time to time to New York
appoint one collector for the port of New York, one collector for the Harbol^
port of Sagg Harbour, one surveyor and searcher for the port of New clfatoms^*^
York^ one or more guagers, one or more weighmasters, and as many officers,
land and tide waiters within this State as to the said council shall
appear necessary.
And be it further enacted by the authority aforesaid That it shall Rofffstera
and may be lawful for either of the collectors of the customs for the to ™8®*»
time being, to grant registers to such owners or proprietors of vessels, *%"'®jj *^y
being subjects of any of the United States, or their representatives, who °® ^^^ "•
shall apply for the same; provided that the vessel for which such reg-
ister shall be required be at the time actually within the jurisdiction of
this State; and provided also that previous to the issuing any such reg-
ister XhQ person or persons who as aforesaid shall apply for the same,
8 LAWS OF NEW YORK. [Chap. 6.
shall subscribe his or their name or names to the said register, and take
the following oath, or if of the people called Quakers affirmation, viz.
Oath to I do solemly swear (or if of the people called Quakers affirm)
pfyTng fSr that the called the being a of the burthen of
regtetry. tons, or thereabout, was built in in the year of
and that of of and of is or
are the owner or owners thereof; and that no foreigner directly or
indirectly has any part share or interest therein. And the said collec-
tor is hereby allowed to demand and receive for every such register the
sum of twelve shillings and no more,
aeamnoes And be it further enacted by the authority aforesaid^ That it shall
^Mi^. ^^^ n^^y t)e lawful for the said collectors to grant clearances in such
form as they shall devise for that purpose, for such ships or other vessels
as shall from time to time sail from the port of New York, or of Sagg
. . Harbour, which clearances shall be subscribed by the said collectors
respectively.
GertalD And be it further enacted by the authority aforesaid^ That nothing in
ne^not this act contained shall be construed to compell any master of any ves-
make en- sel of less than the burthen of twenty tons which shall arrive from or
t^^house. be bound to any port or place in the United States, or of any vessel
which shall be bound from the said port of New York, or the port of
Sagg Harbour to any other place in this State, or from any other place
in this State to the said port of New York to make entry in the manner
herein after mentioned, unless such vessel arriving at the said port of
New York or port of Sagg Harbour shall have any goods wares or mer-
chandizes on board subject to the payment of duties and for which the
duties have not been paid.
Peoa of And be it further enacted by t?u authority aforesaid That the following
Uix ente" and no higher fees shall be demanded or received by the collector that
ciMTiiS*^ is to say, for entering inwards and clearing out any vessel the property
outvesBels. of any of the citizens of the Uniteci States of the burthen of one hun-
dred and fifty tons or upwards the sum of three pounds, for entering
and clearing out any vessel the property of any of the citizens of the
United States under the burthen of one hundred and fifty tons, and
above seventy tons the sum of one pound ten shillings ; and for enter-
ing and clearing any vessel the property of any of the citizens of the
United States of less burthen than seventy tons sixteen shillings ; for
entering and clearing out any vessel other than the actual property of
citizens of the United States of the burthen of one hundred and fifty
tons or upwards, the sum of five pounds ; for entering & clearing out
any vessel other than the actual property of the citizens of the United
States under the burthen of one hundred and fifty tons the sum of three
pounds; for every vessel belonging to citizens of any of the United
States which shall arrive at the port of New York or port of Sagg Har-
bour and shall only report their vessel at the custom house, without
entering or unlading any part of the cargo, the sum of two pounds ;
and for every vessel not belonging to citizens of any of the United
States which shall so only report their vessels at either of the custom
houses without entering or unlading any part of the cargo, the sum of
four pounds ; for every permit or let pass the sum of two shillings for
every bond the sum of three shillings, and for every certificate the sum
of two shillings.
Ooilectora And be it further enacted by the authority aforesaid^ That the collectors
oath of to be appointed by virtue of this act before they enter upon the execu-
offlce. tion of their respective offices shall take the following oath (or if of the
people called Quakers affirmation) before one of the judges of the
Chap. 6.] EIGHTH SESSION. 9
supreme court or one of the judges of the inferior court of common
pleas vizt I appomted collector for the port of do Form of
solemnly swear (or if of the people called Quakers afl&rm) that I will ^^^^'
faithfully execute the office of collector, and keep fair and regular
entries of all goods wares and merchandize on which duties are payable,
and that I will once in every three months render to the auditor for this
State, just and true accounts of the same, and of all monies that shall
come to my hands, or specialties that I shall take as collector, so help
me God.
And be it further enacted by the authority aforesaid^ That the collector Collectors
for the port of New York before he enters upon the execution of his Stobonds-
office shall give bond with four or more sufficient freeholders to the
treasurer of this State in the sum of twenty thousand pounds, and the
collector for the port of Sagg Harbour before he enters upon the execu-
tion of his office shall give bond with two or more sufficient freeholders
to the treasurer of the State in the sum of two thousand pounds, with
condition that such collectors respectively shall well and faithfully exe-
cute and perform all and singular the duties and services required of
them in and by this act according to the true intent and meaning
thereof.
And be it further enacted by the authority aforesaid^ That the surveyer Surveyor
and searcher before he enter upon the execution of his office, shall take searcher,
the following oath (or if of the people called Quakers affirmation) °^J^*^'
before the mayor recorder or one of the aldermen for the city and
county of New York vizt. I appointed surveyer and searcher
for the port of New York do solemnly swear (or if of the people called
Quakers affirm) that I will well and faithfully execute the office of sur-
veyer and searcher, so help me God.
And be it further enacted by the authority aforesaid^ That the weigh- Weigh-
masters and guagers before they enter upon the execution of their ^^'®"
respective offices shall take and subscribe the following oath or affirma- §JJ*f®"^
tion before the mayor recorder or any justice of the peace; that is to office,
say, the guagers shall take the following oath or affirmation vizt
I appointed guager for the port of do solemnly swear, (or
if of the people called Quakers affirm) that I will well and faithfully
execute the office ot a guager, and that I will make true and exact
returns to the collector of all liquors subject to duty that shall be by
me guaged or computed ; and the weighmasters shall take the following
oath or affirmation vizt. I appointed weighmaster for the port
of do solemnly swear (or if of the people called Quakers affirm)
that I will well and faithfully execute the office of weighmaster, and
that I will make true and exact returns to the collector of all goods
subject to duty, which shall be by me weighed so help me God.
And be it further encuted by the autJiority aforesaid^ That the land and Land and
tide waiters to be appointed in pursuance of this act, before they enter ere® JSh
u|>on the execution of their respective offices shall take and subscribe o' office,
the following oath or affirmation before the mayor recorder or one of
the aldermen in the city of New York, or any one justice of the peace,
vizt I appointed land and tidewater do solemnly swear, (or if
of the people called Quakers affirm) that I will well and faithfully exe-
cute the office of a land and tidewaiter and that I will regularly attend
all vessels having on board goods wares or merchandize subject to duty
which I shall be directed by the collector or surveyor and searcher to
attend; and that I will make true and exact returns of all goods wares
or merchandize subject to duty on board of each such vessel, to the
collector, so help me God.
Vol. 2. — 2.
10
LAWS OF NEW YORK.
[Chap. 6.
Surveyor
and ,
Bearcher,
duties of.
Gaugers,
duties of.
Welgh-
masters,
duties of.
Fees of
weigli-
masters
and
gaugers.
Penalty
for enact-
ing exces-
sive fees.
Salaries of
collectors,
surveyor
and
searcher
and land
and tide
waiters
fixed.
And be it further enacted by the authority aforesaid^ That the surveyor
and searcher to be appointed by virtue of this act is hereby authorized
and directed to go on board of every ship or vessel coming into this
port ; and the said surveyor and searcher shall direct one of the land
and tide waiters to go and continue on board of every such ship or
vessel having on board goods wares or merchandize subject to duty,
until such ship or vessel shall depart this port or is duly entered at the
custom house, and for such longer time as the collector or surveyor and
searcher shall think necessary and that the surveyer and searcher shall
also report to the collector from time to time any delinquency he may
discover in any of the land and tide waiters.
And be it further enacted by the authority aforesaid That either of the
guagers to be appointed in pursuance of this act shall guage all liquors
imported into this State from time to time subject to duty in casks
exceeding the quantity of fifteen gallons, and shall calculate the quan-
tities contained in the casks of a less quantity and in cases, in such
manner as he shall think best adapted to ascertain the same, and mark
on each cask and case with marking irons after so guaged or computed
the initial letters of his name, the quantity it would contain if full, and
the wantage when guaged or computed ; and that such guager shall
from time to time make return to the collector of the quantities of
liquors he has guaged or computed, the vessel out of which they were
unladed, and the name of the master of each ship or vessel, and the
name or names of the owner or owners of the liquors so guaged.
And be it further enacted by the authority aforesaid That in all cases
where the weight of any goods wares or merchandise shall not be ascer-
tained at the custom house, upon the oath of the person or persons who
shall make entry thereof, it shall be the duty of the weighmasters or
one of them to attend when thereunto required by the collector, and
weigh such goods and make a regular and specific report thereof,
together with the name of the vessel (and of the master thereof) out of
which they were landed.
And be it further enacted by the authority aforesaid^ That the owner
or consignee of the liquors guaged or merchandize weighed as afore-
said shall pay the expence of the guaging or weighing and marking the
same to such guager or weighmaster, as the case may be, at and after
the rates following viz. For guaging and marking every but pipe hogs-
head or cask containing ninety gallons or upwards the sum of six pence,
for guaging or computing and marking every cask or case of less
quantity four pence, for weighing of every hundred weight of any mer-
chandize the sum of three pence and that any guager or weighmaster
who shall exact or take any greater tees than those herein before men-
tioned, shall for every offence upon conviction, forfeit and pay the sum
of ten pounds with costs to be recovered before any of the justices of
the peace by any person who shall prosecute for the same, pursuant to
the act entitled * An act to impower justices of the peace mayors record-
ers and aldermen, to try causes to the value of ten pounds or under
and to repeal sundry acts therein mentioned " passed the nth April
1782; and upon conviction be removed from office by the person
administering the government of this State, by and witn the advice and
consent of the council of appointment.
And be it further enacted by tne authority aforesaid^ That the treas-
urer of this State shall pay to the collector for me port of New York
in quarterly payments at and after the rate of fifteen hundred pounds
per annum; to the collector for the port of Sagg Harbour at and
after the rate of seventy five pounds per annum; to the surveyer and
y
Chap. 7.] EIGHTH SESSION. 11
searcher at and after the rate of two hundred and fifty pounds per
annum; to the land and tide waiters at and after the rate of ten shillings
per day for every day they shall be in actual service, to be certified by
the collectors respectively, or either of them, and the accounts to be
audited by the auditor for the State, in full compensation of all services
and expences whatsoever, to commence from and after the passing of
this act, for the term of one year, out of any money in the treasury
unappropriated.
And be it further enacted by tJie authority aforesaid^ That the clerks Clerks to
to be employed by the respective collectors by virtue of this act before ^"Jke**^
ihey enter u|X)n the duties of their office shall respectively take and <»th.
subscribe the following oath before the mayor or recorder or any of the
aldermen or justices of the peace of any city or county in this State,
vizt, I do solemnly swear (or if of the people called Quakers Form of
affirm) that I will well truly and impartially execute the business of clerk ^''^
to the collector of the port of and that I will at all times give the
earliest information to the collector of all frauds, or of any attempts
made by any person or persons to defraud the people of the State of
New York of any duty imposed by the act entitled "An act for impos-
ing duties on certain goods wares and merchandize imported into this
State that shall come to my knowledge ; and that I will not take or
receive any other or greater wages gratuity or fees for my services as
clerk than what I shall take of the said collector, so help me God; a
copy of which oath or affirmation, so taken, shall be filed with the col-
lector of the customs with whom such clerk shall serve.
And be it further enacted by the authority aforesaid That it shall be h\\ cus-
the duty of the several officers appointed to be appointed by virtue of flcerlto"
this act to assist the collector in carrying the same into effect; to be Sj{*'r^o^*
watchful over all vessels which shall come into the respective ports to carry thi»
which such officers shall be assigned; and to give information to the Jffect.^
collector of all frauds committed or intended to be committed against
the true intent and meaning thereof which shall come to their respect-
ive knowledge or which they shall have just cause to suspect.
CHAP. 7.
AN ACT imposing duties on certain goods wares and merchan-
dize imported into this State.
Passed the iSth of November, 1784.
Be it enacted by the People of the State of New York represented in Duties im-
Senate and Assembly ^ and it is hereby enacted by the authority of the same^ certain*"
That from and after the passing of this act, all such such goods wares ^^^^^' ^^
and merchandize as are herein after enumerated and mentioned which merchan-
shall be imported or brought into the State by land or water shall be **^^®'
subject to the duties and imposts herein after mentioned that is to say,
every gallon of Maideira wine six pence, every gallon of wine of any other Various
kind or quality three pence, every dozen of bottles of wine of any qual- ?ate%f *
ity one shilling, every gallon of rum brandy or other distilled spirituous duty fixed,
liquors imported in ships or vessels owned by citizens of this or of any
of the United States two pence, every gallon of rum brandy or other
distilled spirituous liquors imported into this State in vessels having
British registers, four pence, every pound of Bohea tea three pence,
12
LAWS OF NEW YORK.
[Chap. 7.
Certain, ar-
ticles Im-
ported
from
Europe.
Articles
not enum-
erated, of
foreign
Ifrowth,
rate of
duty.
The free
list.
Master of
vessel to
report
to col-
lector on
arrival.
Master to
deliver
manifest
of cargo
under oath
to col-
lector.
and for all teas of a superior quality ten per cent ad valorem, every
pound of coffee one penny, every pound of loaf sugar three pence,
and after the first day of March next, five pence ; and the following
enumerated articles imported from Europe shall be subject to the duties
herein after mentioned, vizt. Every pound of snuff one shilling, every
coach or chariot twenty pounds, every other four wheeled carriage ten
pounds, every curricle chaise chair ketereen or sulky five pounds, every
bushel of malt four pence, every gallon of porter ale beer or cyder six-
pence, every dozen of bottles of porter ale beer or cyder one shilling,
every pound of cheese two pence, every ounce of wrought plate one
shilling, every ounce of wrought gold four shillings, every clock twenty
shillings, every gold watch twenty four shillings, every other watch eight
shillings, every hundred weight of hollow ironware four shillings, every
dozen of scythes, scyths, or axes twelve shillings, every saddle eight
shillings, every pair of mans or womans leather or stuff shoes six pence,
every pair of womans silk shoes one shilling every pair of boots two
shillings, every pound of starch or hair powder four pence, every gallon
of lintseed oyl six pence, every pound of dressed or tanned leather
four pence, every dozen of packs of playing cards three shillings ; white
rope, twine, manufactured copper, tin, brass, pipes beef, pork, butter,
candles, soap, anchors, barr iron, hatts, raisins, pruins, figs and currants,
five per cent ad valorem ; cordage cither from Europe or any of the
United States or elsewhere four shillings per hundred weight ; choco-
late two pence per pound, and all other goods wares and merchandize
not herein before enumerated, of foreign growth or manufacture the
sum of two pounds ten shillings for every hundred pounds value prime
cost, and after that rate for a greater or less quantity excepting cocoa,
raw hides, molasses, coals, bricks, pantiles, unmanufactured tin in
blocks, mahogony, logwood lignum vitee, Nicaragua wood, red wood,
fustick and all other dey woods, copper in sheets, whale and fish oyl,
whalebone, beaver peltry, furs, deer skins, sheeps wool cotton wool,
woad, madder, cochineal, rocou, salt, bees-wax, elephants teeth, and all
other goods wares and merchandize of the growth, product or manufac-
ture of the United States of America, or any of them.
And be it furtlur enacted by the authority aforesaid^ That the master
mate or purser of any ship or other vessel which shall arrive at or
come to any port creek or harbour within this State, if such ship or
other vessel shall come to any port creek or harbour in this State to the
southward 01; eastward of the port of New York (except Sagg Harbour
in the county of Suffolk) within seventy two hours after the arrival of
such ship or other vessel in such port creek or harbour, or if such
ship or other vessel shall arrive at or come to the port of New York or
port of Sagg Harbour, within twenty four hours after such arrival, shall
report to the collector of the port his arrival, and the place where the
ship or vessel was last from ; and that after such report is made the
said ship or vessel may remain in port ninety six hours without making
entry of her cargo, after which time the said master mate or purser shall
deliver to the collector of the port an exact and true manifest under
his hand of all and every such packages, bales, chests, casks, trunks,
cases or boxes, and of all such goods wares and merchandize stowed in
bulk in such ship or other vessel, and which such ship or other vessel
had on board at the time she left the port from which she last sailed,
or at any time since ; and which manifest shall particularly specify the
mark or marks, number or' numbers of such packages, bales, casks,
chests, trunks, cases or boxes, and the name or names of the person or
persons who is or are proprietor or proprietors, consignee or consignees
^«AP- 7-1 EIGHTH SESSION. . 13
tf suc\i packages, bales, casks, chests, trunks, cases or boxes, and such
^K)ds wares or merchandize stowed in bulk in such ship or other ves-
«\ as aforesaid ; and such master mate or purser shall upon exhibiting
»c\v manliest to the collector take and subscribe the following oath or
^^tmalion, which oath or affirmation the collector is hereby impow-
ered to administer, that is to say, I of the called the Fbrmof
do swear (or if the people called Quakers affirm) that the ^"^ .
manifest now by me exhibited and delivered to the collector of the port
of is true, and that no more or other packages, bales, casks
chests, trunks, cases or boxes, or goods wares or merchandize other
than those mentioned in the said manifest were on board of the said
vessel when she left the port of or at any time since ; and that
the said vessel last sailed from the said port of so help me God.
And be it further enacted by the authority aforesaid^ That if any Penalty
master of any ship or other vessel arriving at or coming to any port f^JlSw*^
creek or harbour in this State, shall land, put on shore, or unlade witliin before ex-
this State, any goods wares or merchandize before such manifest shall maoife^
have been exhibited, and such oath taken as herein before mentioned,
and before he shall have paid the duties or given such sureties as herein
after mentioned, every such master so offending shall forfeit a sum
equal to double the value of the goods wares or merchandize so landed,
put on shore or unladed, to be recovered by the collector in an action
of debt, or other action, in any court of record in this State, having
cognizance of the same ; and when recovered to be paid into the
treasury for the use of the people of this State.
And be it further enacted by the authority aforesaid, That the master of Penaltr
any ship or other vessel arriving at or coming into any port creek or (o'exhlbit
harbour in this State, who shall neglect or refuse to deliver such mani- manifest
fest, and to take such oath or affirmation as aforesaid, within the time quired'®'
herein before for that purpose limitted, shall for every such neglect or "™«*
refusal forfeit the sum of one hundred pounds with costs to be recov-
ered and applied in the manner herein before mentioned.
And be it further enacted by the authority aforesaid. That if any mer- oooda
chant, factor or other person, shall land or put on shore, or remove fo?© duty^
from on board of any ship or vessel, any goods wares or merchandize paid,
before he or they shall have duly entered the same with the collector, f^fTited.
and paid or secured the payment of the duties thereof, according to the
true intent and meaning of this act, all such goods wares and merchan-
dize so landed, put on shore, or removed, shall be deemed to be for-
feited, and be subject to be seized, proceeded against, and disposed of
by the respective persons, and in the manner herein after mentioned.
And be it further enacted by the authority aforesaid, That it shall and Land and
may be lawful for any land & tide waiters put on board of any ship or ere^^***"
vessel by the collector or surveyer and searcher, at sunset, to have locks *«<'"{^
affixed so as effectually to prevent the goods wares or merchandize in Bunserun-
such ship or other vessel from being taken out, and in such manner that Jj^^Jey.
such hatches or other places cannot be opened, without breaking or
opening such locks, and after such locks are locked and affixed the land
and tide waiter shall retain the key or keys of such locks until the next
morning at sunrise ; and if it shall appear that any of the said hatches
hare b^en opened, or that any of the locks shall have been broken in Breaking
the absence of such land and ^ide waiter appointed or put on board as Stimed
aforesaid, then and in that case, the opening of the said hatches or evidence
I>reaking any of the said locks shall be deemed sufficient evidence of ^' ^^^ '
fraud; and the master of such ship or other vessel upon conviction
AaU in every such case, forfeit the sum of five hundred pounds, with
14
LAWS OF NEW YORK.
[Chap. 7.
Importer
to exhibit
to col-
lector in-
voice un-
der oath of
all goods
imported.
Form of
oath.
Duty,
when un-
der £30, to
be paid at
once;
where
greater, im-
porter may
^ye bond.
Goods en-
tered un-
der bond
if re-ex-
ported
within
sixty days,
to be ex-
empted
from duty.
Form of
oath.
costs to be recovered and applied in the manner directed by the third
section of this act.
And be it further enacted by the authority aforesaid That after entry
is made in the manner herein before mentioned of any ship or other
vessel, every merchant factor or other person having goods wares or
merchandize on board of such ship or other vessel, shall make particu-
lar entry with the collector, by exhibiting to him the original invoice of
such goods wares and merchandize, and shall take the following oath or
affirmation; which said oath or affirmation the said collector is hereby
authorized to administer, that is to say, I do swear (or if the people
called Quakers affirm) that the paper by me exhibited to the collector of
the port of contains to the best of my knowledge and belief a true
invoice of all the goods wares and merchandize contained in the respective
packages bales, casks, chests, trunks, cases or boxes, as the case may be,
marked and numbered as in the said invoice is specified and described,
and that the said invoice also to the best of my knowledge and belief con-
tains a true account of the price at which the said goods wares and mer-
chandize have been bona fide purchased or charged; and that if any goods
wares or merchandize other than those mentioned in such invoice exhib-
ited to the said collector shall be contained in such packages, bales,
casks, chests, trunks, cases or boxes, as the case may be, or if I shall at
any time hereafter receive any other invoice than that now exhibited of
such goods wares and merchandize, I will forthwith after discovering
such goods wares and merchandize, or receiving such invoice, exhibit
an account of such goods wares and merchandize or such invoice to the
said collector so help me God.
And be it further enacted by the autJwrity aforesaid^ That the merchant
factor or other person having exhibited any such invoice whereof the
duties of the goods wares and merchandize therein mentioned, do not
exceed twenty pounds shall immediately pay the same to the collector,
and if the duties shall exceed that sum, the said merchant factor or other
person shall give bond with one sufficient surety being a freeholder for
the payment of the duties on all goods wares and merchandize imported
from any of the West-India islands, subject by this act to duty, in three
months from the date thereof, and for payment of the duties on all
other goods wares and merchandize imported from any other country or
place, in six months from the date thereof. That after such payment
shall be made or security given, the collector shall give to the person or
persons paying or securing the same, as aforesaid^ a certificate thereof
directed to any of the land or tide waiters, specifying the packages,
bales, casks, chests, trunks, cases or boxes, and the goods wares and
merchandize stowed in bulk for which the duties have been paid or
secured to be paid, and thereupon such goods wares and merchandize
may be landed, without any farther let or obstruction.
And be it further enacted by the authority aforesaid^ That any goods
wares or merchandize brought into this State, for which bonds have
been given for the payment of the duties thereon, which shall be ex-
ported out of this State by the owner or consignee to any of the United
Sates in the original packages, within sixty days after their importation,
the amount of the duty on such goods wares and merchandize shall be
deducted, upon the owner or consignee taking an oath or affirmation in
the words following vizt I do solemnly swear (or if of the
people called Quakers affirm) that the packages of goods enumerated
marked and numbered as per account and invoice herewith delivered,
were goods actually imported by me, or consigned to me (as the case
may be) in the ship or vessel called the from for which
Chap. 7.] EIGHTH SESSION. 15
1 have given bonds lor the pa)rment of the duty, and that the said goods
were exported to in the original packages in which they were
imported ; and that the said packages have not been opened, nor any
part oi the said goods therein contained exchanged or taken out ; and
that 1 exported the said goods wares and merchandize from this State
to the State of amounting to prime cost, and producing a
certificate from the proper officer of any of the United States, that such
goods wares and merchandize have actually been regularly entered at
Sie custom house there ; which certificate shall express the marks and
numbers of such packages respectively.
Afu/ be it further enacted by the authority aforesaid^ That it shall and Golleotor
may be lawful for the said collector to receive the monies due for the ^^a^^Jue
duties aforesaid on such bonds respectively, and if the said duties shall on bonds;
not be paid within the term in and by the said bonds for that purpose, Mid^MJoi*-'
respectively limited, the said collector shall and he is hereby required ^^^^
forthwith after the expiration of such time to commence and prosecute
to efifect, an action or actions in his own name for the recovery of the
sums due on such bonds respectively with costs.
And be it further enacted by t/ie authority aforesaid^ That if the said CoUeotor
collector shall not forthwith after the monies shall become due on such ™n^ie,
bonds respectively, commence an action or actions for the recovery of where
the monies which shall become due thereon respectively, and prosecute not p*roae-
the same to effect, that then, and in every such case the said collector cuted
shall be deemed to have received such monies, and be accountable for
the same to the people of this State, as if the same had actually been
received by him. And that the said monies shall be sued for and
recovered in any court of record having cognizance of the same, from
the collectors respectively, their respective heirs executors or adminis-
trators in an action or actions of debt, or in any other action or actions,
by and in the name of the treasurer of this State; and it is hereby made
his duty to sue for and recover such monies for the use of the people
of this State. Collector
And be it further enacted by the authority aforesaid, That the collector ^Jt^tsot
shall enter in a book to be kept by him for that purpose, the amount in all *f«o^
value of the goods wares and merchandize in and by this act subject to s'ubjeira to
the duty of two pounds ten shillings for every hundred pounds as 55^vaiorem
aforesaid, the quantity of the goods wares and merchandize in and by duty,
this act particularly enumerated and described, and the amount of the Smounta
duties due thereon respectively ; and the collector shall once in every 5'.^"'5^» ^
three months deliver such accounts to the auditor for the Staie, who quarterly
shall examine the same, and certify the amount to the treasurer. to*auditor.
Ami be it further enacted by the authority aforfsaid^ That in cases where
where the collector shall have cause to suspect that the invoice exhib- 5^'{^^"
ited to him does not specify all the goods wares and merchandize con- collector
tained in the packages, bales, casks, chests, trunks, cases or boxes, or ^^Ss^to
goods wares and merchandize stowed in bulk, reported in the invoice be opened
thereof, that the said collector shall and may take the said packages, bales, ined.
casks, chests, trunks, cases or boxes, or goods wares and merchandize
stowed in bulk, into his custody, and open and examine the same ; and
if upon such examination more or other goods wares or merchandize
shall be found therein, with an apparent intention of fraud, than those WTiere ap-
specified in the invoice which was to him exhibited, such package, JentioVof
bale, cask, chest, trunk, case or box with all the goods wares or mer- ^""a^*^
chandize therein contained, or such goods wares or merchandize stowed Ee^c "
in hulkj shall be seized by the collector, and forfeited to the people of ~ '
dstp
COD
cftted.
16 LAWS OF NEW YORK. [Chap. 7.
this State, and shall after condemnation be sold by the said collector at
public auction, for the use of the people thereof.
Penalty Be it further enacted by the authority aforesaid^ That if any water-
Mreoifaid- ^^^i boatman, carter, porter, or any other person or persons whatso-
Kg 10 un- ever, after sunsetting and before sunrising shall aid or assist in the
on wCich ' taking up, landing, oarting or carrying any goods wares or merchandize,
u"'^id ^^^ which the duties in and by this act imposed have not been paid, or
secured to be paid in the mannner aforesaid, every such person so
offending shall forfeit and pay the sum of twenty pounds for every
offence, to be recovered with costs, in any court of record in this State
having cognizance of the same ; the one half of the said penalty to be
paid into the treasury of this State, and the other half to any person
who shall prosecute for the same.
Collecton And be it farther enacted by the authority aforesaid^ That the res-
moirieB^to'^ pective collectors shall once in every three months pay to the treasurer
State of this State all monies which shall arise or come to their respective
quarterly, hands, as well for duties as for fees of office in pursuance of this act,
without any deduction whatever.
Rate of And be it further enacted by the authority aforesaid^ That where duties
of ^British ^"se on any goods the invoice whereof shall be made out in British
Bteriing sterling, the duties shall be paid at the exchange of one hundred and
money. seventy five pounds New York money, for every one hundred pounds of
British sterling.
Liquors as And be it further enacted by the authority aforesaid^ That such liquors
exempt^ as are for sea stores for any master or commander of any ship or other
from duty, vessel, and actually jon board, not exceeding the quantity of forty gal-
lons, shall be, & are hereby declared exempt from duty.
All actions And be it further enacted by the authority aforesaid^ That it shall
UMfetSl '^o' t)e lawful for any informant whatsoever to enter or cause or procure
^ *tLfr**" ^^ ^^ entered, or prosecuted, any action or information against any
the name person or persons for the recovery of any penalty or penalties inflicted
attorney ^X ^^^ ^^ ^^y Other laws relative to the customs or duties mentioned in
general or this act, unless the same be entered and prosecuted in the name of the
collector, attorney general, or in the name of the collector of the customs ; and
if any action or information shall be entered or prosecuted in any other
persons name, than as before mentioned, the same and all proceedings
thereupon are hereby declared to be null and void.
Where And be it further enacted by the authority aforesaid^ That in case any
cmiae^** action or information shall be commenced and brought to trial on
shown, no account of the seizure of any goods wares or merchandize wherein a
awarded verdict shall be found for the claimer thereof, and it shall appear to the
ac^aiuftt judge or court before whom the said action or information shall be
wlfo^seizes tried that there was a probable cause of seizure, the judge or court
(roods. before whom the said action or information shall be tried, shall certify
on the record that there was a probable cause for the prosecutors seizing
the said goods wares or merchandise, and in such case the defendant
shall not be entitled to any costs whatsoever, nor shall the informer
seizor or prosecutor be liable to any action indictment or other suit or
prosecution, on account of such seizure. And that in case any action
indictment or other prosecution shall be commenced and brought to
trial against any person or persons whatsoever on account of the seizure
of any such goods wares or merchandize as aforesaid, wherein a verdict
shall be given against the defendant or defendants, if the court or judge
before whom such action or prosecution shall be tried shall certify on
the said record that there was a probable cause for such seizure, then
the plaintiff besides his goods wares or merchandize so seized, or the
Chap. 7.] EIGHTH SESSION. 17
value thereof, shall not be entitled to above two pence damages, nor to Damaw
any costs of suit ; nor shall the defendant in such action or prosecution JSci5oas«
be fined above one shilling. |^^« *>o™*
And be it further enacted by the authority aforesaid That if any goods Burden of
wares or merchandize shall be seized for non payment of duties, or any proof in all
other cause of forfeiture, and any dispute shall arise whether the cus- on the
toms or duties have been paid or secured to be paid for the same, or Jn^^o^
the same have been lawfully imported or condemned, or concerning the on the
place from whence such goods wares or merchandize were brought, or ^ ^''
concerning the property thereof, then and in such cases the proof
thereof shall lie on the owner or claimer of such goods wares or mer-
chandize, and not on the officer who shall seize or stop such goods.
And be it further enacted by the authority aforesaid^ That upon infor- Proceed-
mation made by the collector or any other officer of the customs, and coffector'*
upon oath made by such officer that he hath probable cause to suspect J^^*'^
and doth really suspect that any person or persons have landed removed K^^been
or reshipped any goods wares or merchandise, or caused the same to be Jjfthout
done without due entry thereof made, or without having paid or secured payment
to be paid the duties thereon, contrary to the true intent and meaning ^' **"*^*
of this act, it shall and may be lawful for the chancellor, the judges of
the Supreme court, the mayors recorders or any of the aldermen of the
cities of New York or Albany, or the justices of the peace of any of the
counties in this State, or any or either of them, to whom such informa-
tion on oath shall be given as aforesaid, to issue a warrant under his
hand and seal, directed -to the marshal of the Court of Admiralty, or
to the sheriff of the county where the offence shall h^ve been committed,
or to the sheriff of the county next adjoining thereto, and who are
hereby respectively authorized and required to execute such warrant,
thereby commanding the said marshal and sheriff, or any of them, to
enter into any house outhouse or other building or enclosure in the day
time, where such goods wares or merchandize are suspected to be
deposited or concealed ; and in case of resistance, or after demand and
refusal to open such house, outhouse or other building or enclosure, or
where such house outhouse or other building or enclosure shall be unin-
habited, to break open such house outhouse or other building or enclo-
sure, and to seize and secure the said goods wares and merchandize so
deposited or concealed; and all officers and ministers of justice are No house
hereby required to aid and assist therein. Provided always that no ^^ ^^{^^
house shall be entered by virtue of this act act unless it be within one one month
month after the offence supposed to have been committed. of^offen*ce.
And be it further enacted by the authority aforesaid That the marshal Marshal
and sheriff, and every of them, having received such warrant as afore- !Jith w2r!'
said, are hereby authorized and enabled to go and enter on board of ''*"'' "^^
any ship or vessel, and from thence to bring on shore into the store or on ship-
ware houses provided for the purpose, any goods wares or merchandize, cSnvey*"**
liable to seizure by this act; and that where the said marshall sheriff or them to
collector shall in the due execution of their office be by any person or houses ;
persons resisted, obstructed, abused, assaulted, beatten or wounded, J^yf^nJ''
either on board of any ship or vessel, or upon land or water, all and officen
every such person or persons so offending, shall forfeit and pay to the
people of this State, the sum of two hundred pounds, together with costs.
And be it further encuted by t/ie authority aforesaid^ That in case of the Collector
seizure of any such goods wares or merchandize as aforesaid, the said ^K^**"
collector shall from time to time procure and provide good and sufficient houses for
store or ware houses, for the purpose of depositing and securing the said I'^o™?* ^
goods, at the public expence. seized.
Vol. 2. — 3
18 LAWS OF NEW YORK. [Chap. \i,
^?Sff ^^ .^^ '^ further enacted by the authority aforesaid^ That the marshal
goods to or sheriff who shall seize the said goods wares and merchandize as afore-
tbere%r; ^^^^' ^^^^ ^^^ ^'^ receipt for the same, expressing the particular pack-
collector ages, marks and numbers ; and that all such goods wares and merchan-
custSdF of ^^^^ shall remain in custody of the collector, until the order of the court
goods. of admiralty.
<5oods And be it further enacted by the authority aforesaid^ That the said goods
bc'itbeiied wares and merchandize so seized as aforesaid, shall within ten days after
admindt^' seizure be libelled in the court of admiralty; and that the informant
persons ' shall enter into a bond or recognizance with one sufficient surety, in the
offlMF?**" s"°* ^^ ^"^ hundred pounds with a condition to prosecute the same to
proeeoirt- judgment or condemnation. Provided always that such bond or recogni-
iSodsl ^* zance shall not be entered into or deemed requisite, where the collector
or any other officer of the customs is the informant
Penalty And be it further enacted by the authority aforesaid^ That if any person
conceal- or persons shall knowingly harbour keep conceal or buy, any goods
{JJ« **"J^* wares or merchandize liable to seizure by this act, such person or per-
* ^ ' sons shall forfeit and pay double the value of the said goods wares or
merchandize.
Penalties, And be it further enacted by the authority aforesaid^ That the one half
posed of; o^ ^^ the forfeitures and penalties mentioned in this act shall be to the
forced* ' "^ ^^ ^^^ people of this State, and the other half to him or them that
shall inform and sue for the same, after deducting all necessary- costs
and charges; to be recovered by bill plaint or information in any court
of record in this State, except such forfeitures and penalties as are by
this act otherwise particularly mentioned to be recovered or appropri-
ated.
Goods con> And be it further enacted by the authority aforesaid^ That the collector
be «3d*at** after condemnation of any goods wares or merchandize, so seized as
public auc- aforesaid, shall and may cause the same to be sold at public auction to
the highest bidder, at such place as the said collector shall deem proper,
giving at least fourteen days previous notice of such sale, in two of the
public news papers of this State.
Vessels And be it further enacted by the authority aforesaid^ That any ship or
port by df^ vessel driven into port by distress may continue in port as long as may
tress, priv- be necessary to refit, without being compelled to an entry at the custom
^^^ ' house or the payment of office fees, other than the payment of the sum
allowed for the attendance of the land and tide waiters on board of the
said ship or vessel, during the continuance of the said ship or vessel
respectively in any of the ports of this State. And that the master of
such ship or vessel may land and sell under the direction of the wardens
of the port, into which such ship or vessel may be driven, as great a
part of the cargo of the said ship or vessel as may be necessary to pro-
cure provisions, and to pay the expences of repairs, and other necessary-
charges.
Former act And be it further enacted by the authority aforesaid^ That the act enti-
rSl&afJd; tied **An act imposing duties on the importation of certain goods wares
bonds ' and merchandize," passsed the 2 2d day of March last shall be and is
^JSif to^be hereby repealed, and that the collector shall prosecute to effect such
cuted to bonds taken for duties as directed in and by the said act, and which are
effect not yet due, immediately after they shall respectively become due; and
when due. ^^^^ j^ ^^^ g^j^ collector shall neglect to do the same, he shall be deemed
to have received the monies due on such bonds, and be accountable for
the same to the people of this State, as if he had actually recovered the
same ; and that all suits informations or prosecutions already com-
menced, or which may be commenced for any forfeiture or penalty
\
Chap. 9.] EIGHTH SESSION. 19
incurred by force of the said act may be continued and prosecuted in
the same manner as in and by the said act is directed and provided.
And be it further enacted by the authority aforesaid That the present Present
collector and all the other officers of the customs shall hold and exer- ^^"to
cise their respective offices until they shall be reappointed, or until other hold office
persons shall be appointed and duly qualified to exercise the said offices succeMors
respectively. JJSJg^
CHAP. 8.
AN ACT to empower Femandus Suydam Elizabeth Debeavois
and John Van Der Bilt, administrators with the will annexed
to Jacobus Debeavois deceased, to execute the trust and power
given to the executors in the said will named.
Passed the 23d of November, 1784.
Whereas it is represented to the Legislature, that Jacobus Debeavois Preamble ;
was in his life time, and at the time of his death, seized in fee of certain executors
lands and tenements, situate in the township of Brooklyne in Kings 5' ^J» of
county on Long Island in the State of New York, and by his last will Debea?oi8
and testament, devised the same to his two sons Joost and Samuel J^ecuSnff
Debeavois in fee as tenants in common, and that the executors in the the provfi-
said will named are since dead ; by reason whereof the execution of the thereof,
will of the said Jacobus, yet remains to be done and performed, and that
Femandus Suydam Elizabeth Debeavois and John Van Der Bilt have
taken out letters of administration to the estate of the said Jacobus.
Be it therefore enacted by the People of the State of New York repre- Trustees
sented in Senate and Assembly^ and it is hereby enacted by the authority of the canryout
same^ That it shall and may be lawful, for the said Fernandus Suydam, provisions
Elizabeth Debeavois and John Van Der Belt, the administrators afore- ^ ^ ^
mentioned to divide the estate of the said Jacobus, as in and by the
said will is directed, and further to execute and perform all and what-
soever the executors in the said will named, are directed to do, as fully
in every respect, as if the said executors were now living to perform the
same, any law, usage or custom of this State, to the contrary thereof in
any wise notwithstanding.
CHAP. 9. 4
AN ACT to vest the real estate of Anthony Byvanck the eldei
deceased in trustees for the payment of his debts and other
purposes.
Passed the 23d of November. 1784.
Whereas Catherine Bingham by her humble petition to the Legisla- Preamble;
ture, hath represented, that she and her brother Anthony Byvanck elScu-**^
Junior by virtue of the last will and testament of Anthony Byvanck trices of
their father, were entitled to the real estate, whereof their said father Byvanck;
died siezed ; that by the said last will and testament, the wife of the {J*jj^^
it%\2XoT and Mary Burnsides widow, the only executrixes thereof were
rested with full and absolute power, to dispose of his real estate for the
payraent oi his debts; that her said brother lately died, and hath left an
4
t i
20 LAWS OF NEW YORK. [Chap. io.
only child, now an infant of the age of four years, and that the execu*
trixes named in the last will and testament of her said father are also
dead, without having made any sale or distribution of the said estate ;
that there were sundry debts due from her said father at the time of his
decease, which cannot be paid, nor can the said infant be educated,
unless the real estate of her said father is disposed of, and converted
into money : The petitioner hath therefore prayed, that a law may be
passed to authorize the sale of the said estate for the purposes aforesaid:
And the prayer of the said petitioner appearing to be just and reasonable.
Real estate Be it therefore enacted by the People of the State of New York^ repre^
thoiiyBy- rented in Senate and Assembly^ and it is hereby enacted by the authority of
vanck, the same. That all the real estate of the said Anthony Byvanck deceased,
vested iq* be and the same hereby is absolutely vested in William Goforth Esquire,
foT^certain Ezekiel Robins and James Bingham their heirs and assigns, who are
purposes, hereby authorized and required forthwith to sell and dispose of the
same, in such manner, to such person or persons, and for such consid-
eration, as they may think fit, and may deem most condusive to the
interest of the devisees of the said estate and their representatives and
deeds and conveyances thereof to seal and execute ; which sales so
made, and deeds or conveyances thereupon executed by the said Wil-
liam Goforth Esquire, Ezekiel Robins and James Bingham, or any two
of them, or the survivor of them, or the heirs of such survivor, are hereby
declared to be good and effectual, to all intents and purposes in law and
equity, to vest in such purchaser or purchasers the whole estate and
interest which the said Anthony Byvanck had, in the said real estate.
Monies and every part thereof at the time of his death ; and upon the receipt
frorlTMae ^^ the monies arising from such sale, the said trustees or any two of
of lands, them, or the survivor of them, shall first pay and discharge all the debts
pUed?^ due from the estate of the said Anthony Byvanck in the order which the
law prescribes ; and divide the overplus in the manner directed by the
said Anthony Byvanck in his last will and testament, and agreable to
law among the representatives of the said Anthony Byvanck and those
claiming under them.
Trustees to And be it further enacted by the authority aforesaid. That the said
chalnce^*." trustees shall, before they exercise any of the powers to them hereby
given, file in the court of chancery, a bond in such penalty and to such
person or persons as the chancellor shall think fit, conditioned for the
faithful discharge of the trust and power in them hereby vested ; and
to render an account of the said estate, when thereunto lawfully required.
CHAP. 10.
AN ACT respecting certain prosecutions existing in the supreme
court of judicature of this State.
Passed the 23d of November, 1784.
Certain Be it enacted by the People of the State of Ne^v York, represented in
Ks *to'be ^^^^^^ ^^ Assembly, and it is hereby enacted by the authority of the same^
discon- That it shall be lawful for the attorney general of this State, and he is
the"attor^ hereby directed to enter a discontinuance in each of the prosecutions
°S^°' commenced on the act entitled "An act for the forfeiture and sale of the
estates of persons who have adhered to the enemies of this State, and
for declaring the sovereignty of the people of this State in respect to all
property within the same," and not already prosecuted to judgment:
Chap.^ii.J eighth session. 21
and that the several persons against whom indictments now exist founded ,^^fjK}|2d t
on tfie act aforesaid, and not already prosecuted to judgment, be dis- iS dis-
charged respectively from the said indictments, and all prosecutions p^yiJ?* ^°
thereon on the payment of costs. coeu.
CHAP. 11.
AN ACT instituting a court for the trial of impeachments and
the correction of errors.
Passed ihe 23d of November, 1784.
Whereas by the Constitution of this State it is ordained that a court Preamble;
shall be instituted for the trial of impeachments and the correction of J^JJiJ^f
enors, under the regulations which shall be established by the legisla- the cjod-
ture, and to consist of the president of the senate for the time being, ■^**^"'*o'*'
and the senators chancellor and judges of the supreme court, or the
major part of them.
Be it ther-efore ermcted by the People of the State of Neiv York^ repre- Courts for
itntid in Senate and Assembly ^ and it is hereby enacted by the authority e^iS and
of the same ^ That the president of the senate for the time being, and impeach-
the senators chancellor and judges of the supreme court, or the major hJfw com-
part of them, shall be and hereby are constituted a court for the trial Po»®d-
of impeachments and the correction of errors. And it shall and may
be lawful for the same court at all times hereafter during the sitting of
the legislature, to assemble for the purposes aforesaid, on such days and
at such places as the same court shall from time to time appoint.
And be it further enacted by the authority aforesaid^ The said court seal of the
hereby instituted shall be and hereby is authorized and required forth- ^rtptJoIr
with to cause a seal for the same court to be devised and made, and as to be idled
soon as conveniently may be after the same seal is made, shall cause a ISr^S'*"
description thereof in writing to be delivered to the secretary of this offlo«-
State who shall record and deposit the same in his office there to remain
as a public record.
And be it further enacted by the authority aforesaid^ That it shall and cierk of
may be lawful for the person administering the government of this appSnted^
State for the lime being, by and with the advice and consent of the
council of appointment, from time to time to appoint a fit and proper
person to be clerk of the same court, who shall hold his office during
the pleasure of the said council; and that all writs and process issuing
out of the same court shall be made in the name of the people of the Writa, how
State of New York, and tested in the name of the president of the^^^'®'^-
senate for the time being, and signed by the clerk of the same court.
And be it further enacted by the authority aforesaid^ That all impeach- impeach-
ments shall be delivered to the president of the senate for the time ^2dfn£"**
being, who shall thereupon immediately cause the court hereby insti- «"•
tuted for the trial of impeachment to be summoned; and the same
court shall thereupon forthwith cause the person so impeached to appear
or be brought before them to answer the charge exhibited against him;
and upon the appearance of such person so impeached he shall be
<nititled to have a copy of the said impeachment, and a reasonable time
to plead or answer to the same. And when issue shall be joined upon
such inrpeachment, the court shall appoint a time and place for the trial
thereof; and at the time and place so appointed, and before they pro-
22
LAWS OF NEW YORK.
[Chap.
II.
Two-thirds
part of
members
present
must agree
to a con-
viction.
Extent of
Judgment.
Power of
impeach-
ing vested
In the
asnembly.
Person
impeached
suspended
from office.
Errors hap-
pening In
court of
chancery,
supreme
court and
court of
admiralty
to be re-
dressed;
proceed-
ings on
appeal
from
supreme
court.
ceed upon the trial, the president of the senate for the time bein^ shall
administer to each of the members of the said court then present, and
the clerk of the said court shall at the same time also administer to
the president an oath, or if of the people called Quaker^, an affirma-
tion, truly and impartially to try and determine the charge in question
according to evidence ; and the said court shall then proceed to hear
try and determine the same, and may from time to time if necessary
adjourn the said trial to any other time or place; and no member of the
same court shall sit or give his vote upon such trial until he shall have
taken the oath or affirmation aforesaid before the president of the sen-
ate for the time being: Provided always that no judgment or sentence
of conviction shall be given against any person upon any impeachment,
unless two third parts of the members of the said court then present
shall assent to such judgment or sentence. And if two third parts of
the members then present shall not assent to a judgment or sentence of
conviction, then and in such case the person so impeached shall be
considered as acquitted from such impeachment; and no judgment or
sentence of conviction upon any such impeachment shall extend further
than to removal from office, and disqualification to hold or enjoy any
place of honour trust or profit, under this State; but the party so con-
victed or acquitted shall be nevertheless liable and subject to indict-
ment, trial, judgment and punishment, according to the laws of the
land.
And be it further enacted by the authority aforesaid ^ That the power
of impeaching all officers of the State for mal and corrupt conduct in
their respective offices be vested in the representatives of the people in
assembly ; but that it shall always be necessary that two third parts of
the members present shall consent to and agree in such impeachment.
And be it further enacted by the authority aforesaid ^ That when any
officer shall be so impeached as aforesaid he shall be and hereby is sus-
pended from exercising his office until his acquital: And if the president
of the senate should at any time be impeached as aforesaid, notice
thereof shall be immediately given by the assembly to the senate, that
another president may be appointed.
And be it further enacted by the authority aforesaid^ That all errors
happening in the court of chancery the supreme court the court of
probates, and the court of admiralty, except in cases of captures, shall
be redressed and corrected by the court hereby instituted; and that it
shall and may be lawful as well for the attorney general in behalf of the
people of this State, as for any party plaintiff or demandant or defend-
ant, tenant or vouchee, against whom any judgment hath been or may
hereafter be given in the said supreme court, or their representatives
who maybe thereby aggrieved, to sue forth out of the court of chancery
a writ of error to be directed to the judges of the supreme court for the
time being, commanding them to cause the record of such judgment
and all things concerning the same to be brought before the president
of the senate and the senators and chancellor, which writ of error if
issued during the sitting of the legislature shall be made returnable at
the place where the senate shall then sit, without delay ; but if issued
during the recess of the legislature, then such writ of error shall be made
returnable at the next meeting of the senate, wheresoever the same shall
then be ; and the party prosecuting such writ of error, shall without
delay cause a transcript of the said record to be made, and the said
judges to whom such writ of error may be directed, or any one of them,
shall within fifteen days after notice of the said writ of error, if the same
be returnable without delay, or if otherwise, at the day of the return
Chap, h.] EIGHTH SESSION. 23
thereof, annex the said transcript to the said writ of error, and indorse
a proper return upon the same writ, and return the same : And the presi-
dent of the senate for*the time being, and the senators and chancellor,
or the major part of them, shall have full power and authority, and
hereby are authorized and required to examine all such errors as shall
be assigned or found in such record or in any process or proceeding
concerning the same, and to call upon the judges of the said supreme
court to assign the reasons of such judgment, and thereupon to reverse
or affirm the said judgment, and to give such other judgment therein as
the law shall require ; and shall then cause the said transcript of the
record, with their judgment thereon, and all things concerning the same,
to be remitted back into the said supreme court, where such further
proceedings shall be thereupon, as well for the execution as otherwise,
as may be agreeable to law and justice.
And be it further enacted by the authority aforesaid^ That if at the Where
return of any such writ of error, or at any other time to which the same court Sot^'
or the proceedings thereon shall be adjourned or continued, there should P**®^*,^
not be present a sufficient number of the members of thfe said court of Lijoumed.
errors to proceed thereon, the said writ of error or the proceedings
thereon, shall not be thereby abated or discontinued, but the members
of the said court of errors then present shall in such case adjourn or
continue the same to some further day : Provided always that no judg- No judg-
ment shall be given, nor any rule or order made upon any such writ of ^^^'J^ ***
error, or process or proceeding thereon ; except for adjourning or con- when a
tinuing the same, unless the president of the senate for the time being, not^prS-
and the senators and chancellor, or the major part of them at the least, ^nt.
be present.
And be it further enacted by the authority aforesaid^ That it shall and Proceed
may be lawful for all persons who are or may be aggrieved by any sen- {Jj^s^from
tence judgment decree or order of the court of chancery, to appeal from court of
the same or any part thereof to the president of the senate for the time ° ^^*
being, and the senators and the judges of the supreme court ; and the
president of the senate and the senators and the judges of the supreme
court for the time being, or the major part of them, shall have full power
and authority, and hereby are authorized and required to call upon the
chancellor to assign the reasons of such sentence judgment decree or
order, and to examine hear and finally determine such appeal and all
matters concerning the same, and to reverse affirm or alter such sentence
judgment decree or order,.and to make such other order or decree
thereon as equity and justice shall require, and thereupon to remit the
same, with their judgtnent decree and order in the premises, and all
things concerning the same, back into the said court of chancery, where
such further proceeding shall be thereupon as well for execution as
otherwfse, as may be agreeable to equity and justice ; Provided always^ ri-omoniep
that all such appeals, except those from final decrees, be made within to be made
fifteen days next after making the orders or decrees so appealed from. day2^"
And be it further enacted by the authority aforesaid^ That it shall and !*roceed-
may be lawful for all persons who are or may be aggrieved by any sen- pe^ig^frSS
tence judgment decree or order of the court of probates, or of the court ^^^T^?l^
of admir^Jty, (except in the cases of captures) to appeal from the same, or*court of
or any part thereof, to the president of the senate for the time being, admiralty,
and the senators chancellor and judges of the supreme court. And the
president of the senate and the senators, the chancellor and the judges
of the supreme court, or the major part of them, shall have full power
and authority, and hereby are authorized and required, to examine hear,
and finally determine all such appeals and all matters concerning the
24
LAWS OF NEW YORK.
[Chap. 12.
Time Urn-
itedin
which ap-
peal can be
brought.
President
of senate
to have a
casting
vote in
case of
ties.
Appeals
from judg-
ments and
definitive
sentences
to be
brought in
five years.
WriUof
right;
writs of
grace.
same, and to reverse affirm or alter such sentence judgment decree or
order, and to make such other order or decree therein, as equity and
justice shall require ; and thereupon to remit the same with their judg-
ment decree and order in the premises, and all things concerning the
same, back into the court so appealed from, where such further pro-
ceeding shall be thereupon as well for execution as otherwise, as may-
be agreeable to equity and justice: Provided always^ that all such appeals
from the said court of admiralty and from the said court of probates be
made within fifteen days next after making or giving the sentence judg-
ment decree or order so appealed from. And that all appeals from any
sentence, judgment or decree heretofore made by the court of admiralty
or court of probates, shall be made within six weeks after the passing of
this act.
And be it further enacted by the authority aforesaid^ That in all questions
arising upon such writts of error and appeals, and the proceedings and
judgments thereon, when the other members of the court then present
shall be equally divided in opinion, the president of the senate for the
time being, shall have a casting voice in the decision, but shall not vote
in any other case whatever.
Aiid be it further enacted by the authority aforesaid^ That all writs of
error upon judgments in the supreme court, and appeals from definitive
sentences in the court of chancery heretofore given or made, or here-
after to be given or made, shall be brought within five years next after
rendering the judgment or making the decree, and not after.
And be it further enacted by the authority aforesaid^ That writs of error
in all civil cases, and criminal cases not capital, shall be considered as
writs of right, and issue of course ; and in all capital cases writs of error
shall be considered as writs of grace, and shall not issue but by order
of the chancellor for the time being, made upon motion or petition,
notice whereof shall always be given to the attorney general for the
time being or the prosecutor for the State.
CHAP. 12.
Preamble.
Act re-
ferred to
extended
to ezecu-
tors and
adminis-
trators.
AN ACT to explain and amend the act entitled "An act relative
to debts due to persons within the enemies lines'* passed 12th
July 1782.
Passed the 24th of November, 1784.
Whereas doubts have arisen whether the said act doth extend lo
executors and administrators both of debtors and creditors, especially
the executors and administrators of persons who have deceased since
the passing of the said act.
Be it therefore enacted by the People of the State of Neuf York repre-
sented in Senate and Assembly y and it is hereby enacted and declared by the
authority of the same, That the above said act doth extend to the execu-
tors and administrators of all such debtors and creditors as fully and
absolutely as it would extend to their testators and intestates, were
they in full life, and shall be so deemed, construed and taken to all
intents constructions and purposes whatsoever both in law and equity.
And whereas some of the creditors described in the fourth section of
the before in part recited act, have withdrawn, or may hereafter with-
draw themselves from this Siate, and thereby put it out of the power of
Chap. 12.J EIGHTH SESSION. 25
their debtors, (to whom the aforesaid act was intended to give relief) to
cite them before any court of law in this State to have a settlement and
make payment agreable to the mode prescribed in and by the said act.
Bt it therefore further enacted by the authority aforesaid, That it shall Where
and may be lawful to and for such debtor or debtors as aforesaid, by hav^^th-
advertisement to be published for eight weeks successively in two of the ^y^^ ,^^
public news papers printed in this State, to notify and require such his, from the
her or their absent creditor or creditors, to appear at a time arid place may^be***^
to be mentioned in such advertisement before some certain court of law cited be-
in this State to have a settlement and payment made as aforesaid (which court by
time shall not be less than eight kalender months from the first publica- jfi^^**^
tion of such advertisement) and that such notification shall be deemed,
taken and adjudged to be a sufficient citation to all intents and purposes,
and shall have the same validity and effect, as if such creditor or credit-
ors had been personally cited. Prainded always that no such advertise- Proyieo;
ment or any proceeding thereon shall be deemed adjudged or taken to cUation
be good or effectual in the law, unless the debtor or debtors shall pre- ^IfjJ®** .
viously have made an affidavit or affirmation (in cases where by law an less credi-
affinnation is allowed) before one of the judges of the court of law ™S*^®*
before which the appearance of such creditor shall be required, that he the with^
verily beHeves that the creditor hath departed the State, or concealed the debtor.
himself therein and that it is not in the power of such debtor or debtors
personally to serve such creditor with a citation for his appearance
which departure or concealment shall also be proved to the satisfaction
of such judge by two witnesses. Protnded also
And be it further enacted by the authority aforesaid, That nothing in Proviso as
this act, or the act hereby in part recited contained, shall affect, injure ^^^,J* **'
or take away, or -be deemed or adjudged to extend to the claims rights persons.
and interests of any legatee or other person legally entitled in his or
her own right, to the personal estate of any testator or intestate, such
legatee or legal representative not having remained or come, or by
^rtue of any law of this State been sent, within the power of the
enemy during the late war; provided also that no person shall be allowed Proviso as
the benefit of this proviso, unless he shall first have taken the oath of cuimi^
abjuration, and the oath of allegiance to this State, and shall have Jjeneflt of
obtained a certificate signed by two reputable and well affected free- tlon.
holders of this State, one whereof shall be a judge of the inferior court
of common pleas or mayors court, of the county or city in which the
person named in such certificate shall reside, certifying, that he hath
constantly and uniformly since the ninth day of July one thousand seven
hundred and seventy six been well attached to the freedom and inde-
pendence of the United States of America, and hath taken an active
and decided part therein.
And be it further enacted by the authority aforesaid. That in all cases, Assign-
where any debt, bill, or other obligation, mortgage, security or demand deb"ta\nd
whatsoever mentioned in the said herein in part recited act, shall have other obU-
been assigned since the time of the passing of the said act, or shall pSreons ^
hereafter be assigned to any person or persons whomsoever, by any per- ^'gmy's^**^
son who has remained with, gone into, or was sent within the enemies lines
lines during the said war; every such assignment shall be deemed and y^d?
adjudged fraudulent, and to have been made with intent to elude the
aid act, and every such assignee, and his representative shall be bound
to receive payment from the debtor or his representative in the same
nianner as the original obligee, mortgagee or creditor would have been
Wd to receive the same, had no assignment been made.
Vol. 2. — 4,
26
LAWS OF NEW YORK.
[Chap. 13.
Corpora-
tion not
affected,
except as
to asalgn-
meuts.
Act extend
to a»-
gigneeB
and trus-
tees of in*
solvent
debtors.
And be it further enacted by the authority aforesaid, That nothing in
the aforesaid in part recited act, or this act, shall be deemed, taken or
construed to prejudice or affect any corporation or body politic, except
only with respect to assignments herein before mentioned and described.
And be it further enacted by the authority aforesaid, That the above-
mentioned act shall be construed to extend to the assignees or trustees
of the estates of such persons who became insolvent debtors before the
ninth day of July 1776, so far as relates to monies due to persons who
remained within the British lines in this State.
CHAP. 13.
Preamble;
discovery
of silver
mine in
West-
chester
county.
Id.;
Orange
county.
Ludewig
Shoub, et
ai.. and
Jonas Den-
ton given
Bole right
of working
said mines
for a fixed
I>eriod.
^N ACT to exempt Ludewig Shoub and Peter Learman, and
Jonas Denton and their respective heirs executors administra-
tors & assigns from paying out any part or share of the pro-
duce of the mines therein mentioned.
Passed the 24th of November, 17S4.
Whereas Ludiwig Shoub and Peter Learman have by their petition
represented to the Legislature that they have discovered a mine in the
manor of Courtlandt in West Chester County which may be so charged
with silver as to be subject to the payment of a proportion thereof to
the people of this State as sovereign thereof; and that if such propor-
tion should be demanded it may not only take away any profit that
may arise, but if there should not be a profit equal to such proportion
it may prove ruinous to the workers, and the said petitioners have
prayed that they and their assigns may by a law of this State be ex-
empted for some certain period, from paying to the people of this State
any part or proportion of the said mine.
And whereas Jonas Denton of Goshen in Orange county hath by his
petition represented to the legislature that he has discovered a mine on
his own land in Orange county, which he conceives is so charged with
silver as to be subject to the payment of a proportion thereof to the
people of this State, and that if the same should be demanded, it would
not only take away any profit that would arise, but if there should not
be a profit equal to such proportion, it may prove ruinous to the work-
ers, and the said Jonas Denton hath prayed that he and his assigns may
by a law of this State be exempted for a certain period from the pay-
ment of any proportion of the said mine to the people of this State as
sovereign thereof.
Be it therefore enacted by the People of the State of New York, repre-
sented in Senate and Assembly, and it is Jureby enacted by t/te authority of
the same, that the said Ludewig Shoub and Peter Learman, and the said
Jonas Denton, and their several and respective heirs executors adminis-
trators and assigns shall be and hereby are exempted acquitted released
and discharged from paying or yielding to the people of this State as
sovereign thereof, or to any commissioner agent collector or receivei\ for
their use any part share royalty proportion or dividend whatsoever of
the said mines so discovered by them the said Ludewig Shoub Jand
Peter Learman, and Jonas Denton respectively, until the first daV of
May which will be in the year of our Lord one thousand seven hundred
and ninety six. 1
/
Chap. 14,] EIGHTH SESSION. 27
And be it further enacted by the authority aforesaid^ that neither the Not to
said Ludiwig Shoub and Peter Learman, nor the said Jonas Denton, or m?n^
their or either of their heirs executors administrators or assigns, or any {j'^^fj^™*
oi them, shall presume to work or intermeddle with the said mines
respectively on any pretence whatever after the day last mentioned,
until he or they shall have obtained* permission from the Legislature of
the State, fixing the part or share of the said mines respectively to be
paid to the people of this State as their proportion.
And in order to give the discoverers and their heirs executors admin- ^®"?5\^
istrators and assigns respectively every advantage that may arise from have pref.
their respective discoveries; be it further enacted by the authority aforesaidy JifSSn-*"
That in all treaties with the Legislature for working the said mines tracts
respectively, the said Ludewig Shoub and Peter Learman as to the said lilted.™*
mine by them discovered, and the said Jonas Denton as to the mine on
his own land, and their several and respective heirs executors or admin-
istrators shall have the offer to be a party and privy thereto, and shall
on every offer have the preference ; it bemg the will and design of the
Legislature that no other persons shall have the priviledge to work the
said mines respectively upon such terms as the said petitioners respect-
ively or their respective heirs executors administrators or assigns will
accept. Provided always that nothing in this act contained shall be 5^^i
construed to permit or give any right to the said Ludewig Shoub and owoenof
Peter Learman or the said Jonas Denton, or their respective heirs ex- JJ^^JS^
ccutors administrators or assigns to break or dig up the soil or ground ' -
of any other person or of the people of this State without having pre-
viously by contract obtained permission for that purpose as well from
the owner or possessor of the improvements as from the proprietor or
proprietors of the fee of the land.
CHAP. 14.
AN ACT to revive and amend an act entitled " An act for the
relief of insolvent debtors within this State," passed 17th
April 1784.
Passed the 24th of November, 1784.
Be it enacted by the People of the State of New York, represented TYie hust
in Senate and Assembly ^ and it is hereby enacted by the authority of the n^Sned ex-
same^ That the act entitled " An act for the relief of insolvent debtors ^^^^^ ^
within this State," passed the 17th April 1784, shall be and is hereby now*?"
revived, and that the same shall and is hereby declared to extend to the ^*'^
respective debtors who at the time of the passing of this act shall be
actually confined in any of the gaols or prisons of this State.
And be it further enacted by the authority aforesaid^ That the assignee Assi^ees
or assignees to be appointed in pursuance of the act hereby revived ^t^2
and of this act, and every of them, shall within three months after three
such assignment, as in the said revived act is specified, of the insol v- Ster aS-
ent debtors estate shall have been made and executed, appear before «*«°™ont.
one of the judges of the Supreme Court, or one of the judges of the
inferior court of common pleas of the county where such debtor shall
have been imprisoned, and take an oath (or if the people called Quakers
an affirmation) justly truly faithfully and impartially without any favor
or affection, to perform do and execute the trust reposed in him or them
by virtue of this act, for the best benefit and advantage of all and every
,28 LAWS OF NEW YORK. [Chap. 14.
the creditors of the said insolvent debtor ; and that he or they the said
To file ao- assignee or assignees shall and will within one month after he or they
each'divi- shall have made any division among the creditors of the insolvent
dend In debtor, exhibit and file in the office of the clerk of the county where
* such debtor shall have been confined a list or inventory of the estate
or monies so divided as aforesaid.
Dividends Atid be it further enacted by the authority aforesaid That the said
ore^tTraein assignee or assignees shall within one month after the expiration of six
^ich to months notice directed by the act hereby revived, proceed to and make
a division as aforesaid ; and in case the whole of the said insolvent
debtors estate shall not then be converted into money, that then and
in such case the said assignee or .assignees shall proceed with all con-
venient dispatch to convert the residue of the said insolvent debtors
estate into money, and within two months after such first division as
aforesaid, shall proceed to another division of the residue, giving at
least one month's previous notice of such second division, in one or
more of the public newspapers printed in this State, and so as often as
shall be necessary, until the whole of the said insolvent debtors estate
be converted into money and divided among the creditors as aforesaid.
Asflignee And be 'it further enacted by the authority aforesaid^ That no person
sufficient or persons shall or may be appointed an assignee or assignees unless he
freeholder, or they shall be a good and sufficient freeholder or freeholders of one
of the counties in this State.
PeDaity And be it further enacted by the authority aforesaid^ That in case any
to^iwaSiK^' assignee or assignees that shall be appointed by virtue of this act, and
shall accept of such appointment shall neglect or refuse to convert the
whole or any part of the said insolvent debtors estate into money, that
then and in every such case such assignee or assignees so neglecting or
refusing shall forfeit and be liable to pay a sum or penalty equal to the
value of the estate which he or they shall so neglect or refuse to con-
vert into money as aforesaid, to be recovered with costs by any of the
creditors of the said insolvent debtor in an action of debt, or upon the
case, in any court of record in this State, and by such creditor or cred-
itors so having recovered the same, be paid and divided among all the
creditors of the said insolvent debtor, in such manner and form as a
division is herein before directed to be made by an assignee or assignees.
Creditors And be it further enacted by the authority aforesaid^ That no creditor
K)mJs^be- ^^^^^^ ^^ may prosecute or recover against any such assignee or assignees
fore prose- as aforesaid until such creditor shall previously have entered into a
assiKnee. bond payable to the other creditors or the major part of them, with at
least one sufficient surety, being a sufficient freeholder, in such penalty
as the court or any of the judges of the court by whose process such
insolvent debtor shall have been confined in gaol as aforesaid, shall
order, with a condition well and faithfully to prosecute for the said for-
feiture or sum so to be recovered, and to make such division as afore-
said.
If assignee And be it further enacted by the autfwrity aforesaid^ That in case any
rajfie^dtv^- assignee or assignees, that shall be appointed by virtue of this act, shall
dend. neglect or refuse to make a division or divisions of any monies by him
may sue. or them received for the use or benefit of any creditor or creditors, such
assignee or assignees, shall be liable to pay the said monies by him or
them received, to be recovered, with costs, by any or every of the
creditors in any court of record in this State.
Papers In And be it further enacted by the authority aforesaid^ That the peti-
tobeflied ^^on account inventory depositions assignment and warrant of discharge,
with clerk of each insolvent debtor who shall be discharged in pursuance of this
Chap. 14.] EIGHTH SESSION. 29
act, shall be filed in the clerk's office of the court out of which the pro- of court
cess issued whereby such insolvent debtor shall have been imprisoned ; ^"hich ex-
except where the discharge shall be made by any justice of the peace ecution
upon any process issued by him; that in such case the petition account ^"
inventory depositions assignment and warrant of discharge, shall be filed
with the said justice.
And bt it further enacted by the authority aforesaid^ That no person No penoo
shall be entitled to a discharge by virtue of this act, unless one or more chi^^^'
person or persons shall declare before the court or judge to whom the untif
said petition shall be presented, that he or they are willing to accept of S^^tT
such appointment, and to perform the duties required of him or them ^^ust.
by this act, or unless a certificate of .such acceptance under the hand
and seal of such assignee or assignees, shall be previously produced to
such court or judge, and proved before such court or judge by at least
one credible witness.
And be it further enacted by the authority aforesaid^ That this act shall Act ex-
extend to William Mead of the town of Schenectady in the county ^|5^,J*^
of Albany, Robert Gordon late of Schenectady, in the county of p^"^?*
Albany, Isaac Burton of Amenia precinct in Dutchess county, Christo- Limed,
pher Codwise, Christopher Bancker, Archibald Kerly and Frederick N.
Sander, respectively, of the city of New York, James Blackwell of Black-
wells Island and Duncan McDougall of the county of Albany, although
they are not in actual confinement in any gaol or prison within this
State; and that the proceedings and discharge with respect to each of
them shall be had in the like manner and have the like effect as if they
were in actual confinement at the time of the passing of this act. Pro- Proviao;
vided always^ that none of the debtors herein particularly named shall f^2rao*unt
be entitled to relief from the present act, unless so many of the credi- of credit
tors, other than mortgagees, whose debts shall amount to two third consent.
I>arts of the whole monies owing by such debtor (debts secured by
mortgage or mortgages excepted) shall certify to such judge or judges
their consent that such debtor shall have the benefit of this act.
And be it further enacted by the authority aforesaid^ That the as- AssigneeB
signee or assignees to be appointed by virtue of this act, may as often to *ud2e°*
as may be necessary exhibit to the judge or judges who shall make such making
appointment his or their accounts of all disbursements made by the Sentral-
said assignee or assignees in transacting the business relative to the lowancee.
the estate of such insolvent debtor or debtors; and the said judge or
judges to whom such account shall be exhibited is and are hereby au-
thorized to allow the same, and to make such further allowances to the
said assignee or assignees as the said judge or judges may deem reason-
able; and shall certify and tax for the trouble and time expended in the
business relative to the estate of such insolvent debtor or debtors; and
it shall be lawful for the said assignee or assignees to retain such monies
m his or their hands, before anv division of such debtors estate shall be
made as aforesaid.
And be it further enacted by the authority aforesaid That no person Oertaio
who has been employed in any public department as quartermaster JSk?]^
commissary or purchaser either under the United States or under this assign-
State, shall be discharged by virtue of this act, unless he proves to the ""^"^ ^*
satisfaction of the judge or judges to whom he shall apply for such his
discharge that his public accounts are settled.
30 ' LAWS OF NEW YORK. [Chap. 15.
CHAP. 15.
AN ACT to amend an act entitled "An act for granting certain
privileges to the college, heretofore called Kings college : for
altering the name and charter thereof, and erecting an univer-
sity within this State" passed the ist day of May 1784.
Passed the 26th of November, 1784
Preamble; Whereas it is represented *,o the legislature, that the, dispersed
5?SverSty! residences of many of the regents of the university of this State, and
difflcuitv * the largeness of the quorum, who are made capable of business, the
quOTSm/^ interest and prosperity of the said university, have been greatly
**® obstructed: And it is also represented, that certain doubts have arisen
in the construction of the act entitled "An act for granting certain
privileges to the college heretofore called Kings-college, for altering the
name and charter thereof and erecting an university within this State "
passed the ist day of May 1784." For remedy whereof.
Additional ^<f // enacted by the People of the State of New York, represented in
J2£ed!^ Senate and Assembly, and it is hereby enacted by the authority of the same^
That in addition to the regents appointed in and by the before men-
tioned act, the several persons herein after named, shall be and hereby
respectively are constituted regents of the said university (that is to say)
John Jay, Samuel Provost, John H. Livingston, John Rodgers, John
Mason, John Ganoe, John Daniel Gros, Johann Ch. Kunze, Joseph
Delaplain, Gershom Seixas, Alexander Hamilton, John Laurance, John
Rutherford, Morgan Lewis, Leonard Lispenard, John Cochran, Charles
McKnight, Thomas Jones, Malachi Treat and Nicholas Romain of New
York, Peter W. Yates, Mathew Vischer and Heenlock Woodruf of
Albany, George I. L. Doll of Ulster, John Vanderbilt of Kings
Thomas Romain of Montgomery, Samuel Buel of Suffolk, Gilbert Liv-
ingston of Dutchess Nathan Kerr of Orange Ebenezer Lockwood of
West-chester, John Lloyd Jun of Queens, Harmanus Garrison of Rich-
New Be- mond & Ebenezer Russell of Washington. And that the said respec-.
enj^iiill ^^^^ regents, hereby constituted, shall enjoy the same power and author-
power and ity, as are granted to, and vested in the other regents appointed by the
authority. ^^-^ ^^^^ ^^ ^^U^ ^^^ effectually, as if they had been therein expressly
named.
Number of And be it further enacted by the authority aforesaid That it shall and
^?orm a "^^X ^^ lawful, to and for the chancellor of the said university, and in
quorum, his absence the vice chancellor, and in the absence of both, the regent
next nominated in the before mentioned act who shall be present,
together with any eight or more of the regents duly convened to form
a quorum for the dispatch of the business and affairs of the said uni-
versity, whose acts and proceedings shall be as valid and effectual to all
mtents and purposes, as if all the members of the said regency were
What con- actually present. Provided always, that to constitute a legal meeting of
fepu'meet. the regents, the time and place for holding the same, shall be previously
^Ko' fixed by the chancellor, or in his absence the vice chancellor, or in the
^'**° absence of both, the regent next nominated in the said act, by writing
under his hand, and notice thereof signed by the secretary of the uni-
versity shall previously be advertised in one of the public newspapers
for at least two weeks, to give all the regents within a convenient dis-
tance, an opportunity of attending.
Chap. i6.] EIGHTH SESSION. 31
And be it further enacted by the authority aforesaid^ That there shall Annual
be an annual meeting of the Regents of the said university, which shall um^'ani
be held at the time and place, where the legislature shall first be con- pi*c«-
vened after the first Monday of July in every year and that at every
such meeting, the acts and proceedings of the regents of the university,
shall be reported and examined.
And be it further enacted by the authority aforesaid^ That it shall and Qericai re-
may be lawful to and for the clergy of each respective religious denom- fhoaln^^to
ination in this State, respectively to meet at such time and place as *»»^o 'uU
they shall deem proper after the passing of this act, and then and there ^^®''
by a majority of voices of the members of each respective denomina-
tion so assembled, to elect one of each of their respective bodies to be
a regent of the said university, and in case of death or resignation, to
elect successors in the same manner; and every regent so elected shall
have the like powers as any regent constituted by this act, or the act
hereby amended.
And be it further encuted by the authority aforesaid^ That the next meet- Time of
ing of the regents of the said university, shall be held at the senate uf/flSd!
chamber, the day after the rising of the legislature, if that day shall
not happen on Sunday, in which case, the said meeting shall be held on
the day succeeding, and a sufficient quorum of the regents being
assembled shall have power to adjourn from time to time, and to any
place, they shall think fit for the dispatch of the business of the said
university.
And be it further enacted by the authority aforesaid^ That it shall and Treasury
may be lawful to and for the treasurer of this State, arid he is hereby mooi^^or
authorised and required to advance, to the treasurer of the said uni- "*® ?£ . ,.
versity for the use of Columbia college, a sum not exceedmg two thous- CoUege.
and fis^ hundred and fifty two pounds, for which the said regents shall
be accountable out of the funds of the said Columbia college.
CHAP. 16.
AN ACT to compel the payment of the arrears of taxes, for
enforcing the payment of fines and amerciaments, obliging
sheriffs to give security for the due execution of their offices,
and for other purposes.
Passed the 26th of November, 1784.
Whereas it has been represented to the legislature that the tax Preamble;
directed to be raised by virtue of the act entitled "An act for raising JoAect '^
;^i 00,000 within the several counties therein mentioned " passed the o^\oo oS
6th May 1784, has not been raised and collected, and that in some of levied on
the towns manors districts precincts and wards no assessments have ^JSties.
been made vnthin the time directed, and in others the assessments have
been made without the assessors having been previously qualified; and
doubts have arisen whether the said tax can be collected without farther
legislative provision.
Be it there/ore encuted by the People of the State of New York^ repre- AwefMora
scntcd in Senate and Assembly ^ and it is hereby enacted by the authority of ^ete S^
the same^ That the assessors of the respective districts towns manors 5^™®"**
precincts and wards in the several counties wherein the said tax was aii poaaibie
directed to be raised who have not made or completed the assessments *^p***^
32
LAWS OF NEW YORK.
[Chap. i6.
Oath of
assessors.
Appoint-
ment of
county
treasurer,
where
vacancy
exists.
Forfelt-
ured,
amount in-
creased ;
attorney
general to
prosecute
lor.
Former as-
sessments
and collec-
tion de-
clared
valid.
Time axed
for pay-
ment of
*monies to
State treas-
urer.
as directed by the said act, shall with all possible despatch after the
passing of this act make and complete the same in the manner in and
by the said act required ; and that each assessor, if he hath not taken
the following oath, shall before he proceeds on the execution of his
office take and subscribe before a justice of the peace of the county
wherein he resides, and who is hereby required to administer the same,
an oath prescribed in and by the sixth clause of An act for increasing
the number of assessors throughout this State, passed 12th May 1778,
and which oath is in the words following vizt. I an assessor
elected for do solemnly & sincerely swear and declare in the
presence of Almighty God that I will honestly and impartially assess
the several persons and estates within the and that in making
such assessments I will to the best of my knowledge and judgment
observe the directions of the several laws of this State requiring and
directing each respective assessment to be made, so help me God. Pro-
vided that if any assessor shall be of the people called Quakers, before
he enters upon the duties of his office he shall take a like affirmation
instead of the oath aforesaid.
And be it further enacted by the authority aforesaid^ That the super-
visors in the several counties within this State (except in the city and
county of New York) wherein no county treasurer is appointed, shall
forthwith meet together and in the manner heretofore accustomed within
this State appoint some fit person to that office, and in case of neglect
of the supervisor to make such appointment for the space of thirty days
next after the day of the passing of this act each such supervisor so
neglecting shall forfeit the sum of one hundred pounds to be recovered
with costs in an action of debt by the treasurer of this State in his own
name for the use of the people thereof.
And be it further enacted by the authority aforesaid^ That the forfeiture
of twenty pounds mentioned in the thirteenth section of the afore-
said act shall be and is hereby encreased to the sum of one hundred
pounds. And the several officers mentioned in this act, for every neg-
lect or refusal to execute the duties thereby enjoined on them respect-
ively, besides the aforesaid forfeitures by the aforesaid acts or herein
declared, are hereby declared to be and made subject to a prosection at
the suit of the people of this State by information in the name of the
attorney general; and it is hereby expressly made his duty on the report
of the treasurer of this State that either of the said officers have neg-
lected or refused to execute or perform any duty thereby enjoined on
him, to file and prosecute such information, any former or other law to
the contrary thereof, in any wise notwithstanding ; and that in such
prosecution or prosecutions the defendant or defendants shall not be
allowed more than one imparlance, and if convicted shall have judg-
ment against him or them for such fine or fines as the court in which
the information may be prosecuted shall adjudge, with the costs of the
prosecution.
And be it further enacted by the autlwrity aforesaid That the assess-
ments which have been made in pursuance of the aforesaid act, and the
tax or any part thereof which has been collected in pursuance of the
said act, are hereby declared to be valid and effectual, notwithstanding
the assessors at the time of making such assessment had not taken th^
oath or affirmation by law prescribed.
And whereas the time limitted in and by the aforesaid act for the pay-
ment of the first moiety of the monies thereby directed to be raised, is
elapsed. Be it therefore enacted by the authority aforesaid, that the first
moiety of the said tax shall be paid into the treasury of this State on or
Chap i6.] EIGHTH SESSION. 33
before the first day of March next and the other moiety thereof on or
before the first day of October next.
And be it further enacted by the authority aforesaid That Joshua Pine Asseesore
George Briggs and Eden Hunt, assessors of the burrough and town of weatchM^
West Chester, who assessed the sum apportioned to the said burrough tec dia-
and town, pursuant to the act for raising one hundred thousand pounds fromfce^
within the several counties therein mentioned, according to the direc- Jf^ pena^
tions of the said act, shall be and are hereby declared to be discharged
from suits commenced against them respectively for the penalty of
twenty five pounds, as having been incurred by them respectively for
having neglected to take the oath of an assessor as prescribed by the
act entitled "An act for increasing the number of assessors throughout
this State"; and that the attorney general of this State shall enter dis-
continuances in the said several suits, and not farther prosecute the
same.
And be it further enacted by the authority aforesaid That no writ of Oertiorarlt
certiorari already issued to remove the proceeding of any justice of the SjStoif •
peace who may have given judgment in favor of any collector against ^^ tob«
any person or persons for neglecting or refusing to pay the tax assessed certain
on him her or them by virtue of the said act entitled * An act for raising *^**^
^100,000 within the several counties therein mentioned " shall stay or
supersede the execution thereon ; and that no writ of certiorari shall be
hereafter allowed to remove the proceedings of any justice of the peace
who shall give judgment in favor of any collector against any person or
persons who shall neglect or refuse to pay the tax asssessed on him her
or them by virtue of the act aforesaid, or by virtue of any of the acts
herein after mentioned to compel the payment of the arrearage of taxes
therein specified, any law to the contrary notwithstanding.
And whereas the fine imposed on county treasurers by the act entitled
''An act to compel the payment of the arrearages of taxes ** passed 24th
July 1782, is inadequate.
Be it therefore enacted by the authority aforesaid, That instead of the Penalty
forfeiture of fifty pounds imposed by the last mentioned act on the b^T jaunty
county treasurer for neglect or refusal to perform the duties prescribed treasurer
by the said act, the said county treasurer shall for every future neglect rupied.
or refusal forfeit the sum of two hundred pounds, to be recovered and
applied in the same manner as in the second clause of this act is
directed.
And whereas it has been represented to the legislature that some of Preamble,
the supervisors and collectors of the wards towns manors districts or |£^i^,
precincts mentioned in the said act entitled '* An act to compel the pay- «t«.
ment of the arrearages of taxes" have not within the time thereby
directed delivered the tax lists therein mentioned or copies thereof to
the county treasurers, and that some of the tax lists have been lost or
destroyed, by means whereof the said taxes have not been collected.
Be it therefore enacted by the authority aforesaid That the said super- Supervis-
visors or collectors of the said wards towns manors districts or pre- cSISSre
cincts, or any of their successors in whose hands or possession any of to deliver
the said tax lists shall be at the time of the passing of this act, shall county* ^
within three kalender months after the passing of this act, deliver the JJ'^JIn'*'^
same to the county treasurer of the county in which the assessment was three
made ; and that each supervisor or collector who shall neglect so to do, ™**°**'*'
jhall forfeit the- sum of one hundred pounds, besides costs of suit, to be
tecoyered and applied as in the second clause of this act is directed
And be it /urther enacted by the authority aforesaid. That where the ProowBd-
tax ]xsXs of s^T^y ward town manor district or precinct shall not be <^?nty
Vol. 2.-5.
34
LAWS OF NEW YORK.
[Chap. i6.
treasurer
wbore tax
list not
delivered.
Assessors
to notify
persons,
who have
previously
paid their
taxes, to
make
proof
thereof.
Certain
taxes,
when to be
paid.
Collectors,
penalty for
neglect ; to
be prose-
cuted by
county
treasurer.
Treasurer
who does
not prose-
cute to be
accounta-
ble for
amount of
deficiency.
County
treasurers
accounta-
ble to State
treasurer
for all
monies re-
ceived;
may be
prose-
cuted.
Interest
not to be
allowed on
certifl-
delivered to the county treasurer, the treasurer of the county shall in
that case proceed without delay to ascertain the value of the money
agreeable to the fourth clause of the act entitled " An act to compel
the payment of the arrearages of taxes" at which such ward town
manor district or precinct had been quotaed, and which remains unpaid
to the treasurer of the county ; and thereupon direct the assessors
thereof to apportion the same as in and by the act the tax list whereon
is so lost or destroyed, is directed ; and each assessor who shall neglect
or refuse to make such apportionment shall forfeit the sum of one hun-
dred pounds, besides the costs of prosecution, to be recovered and
applied as in the said second clause is directed : Provided that before
the respective assessors proceed to make their assessments on the inhab-
itants of the ward town manor district or precinct aforesaid for the
purpose mentioned in this clause, they shall respectively cause adver-
tizements to be put up in at least three of the most public places in the
said ward town manor district or precinct, notifying that they will
respectively meet at a certain time and place therein to be mentioned,
to make such assessment as in this clause is mentioned ; and it shall be
lawful for the said assessors respectively to administer an oath, or if of
the people called Quakers an affirmation, to each person respectively
who cannot otherwise prove that he has paid the said tax to be assessed ;
and upon such oath or affirmation being made, or other proof given of
the payment of the tax, to omit to assess such person on any sum for
the said tax.
And be it further enacted by the authority aforesaid^ That the taxes
directed to be paid by the said last mentioned act, shall be paid into
the treasury of this State on or before the first day of October next.
And be it further enacted by the authority aforesaidy That in case any
collector or collectors shall have neglected to pay the monies or any
part thereof by him or them collected in pursuance of the said last
mentioned act and shall neglect to pay the same into the county treas-
ury, in specie, (according to the value of such monies when he or they
should have paid the same into the treasury) within three months after
the passing of this act, every such collector so neglecting shall forfeit
and pay to the people of this State, besides costs, a sum in specie equal
to the several sums by him or them so collected, to be recovered with-
out delay, in an action of debt, or upon the case, in the name of the
said treasurer, in any court of record in this State, and by him be paid
into the treasury thereof. And in case the said treasurer shall neglect
to prosecute for the said forfeitures, or any of them, as aforesaid, he
shall be accountable for the amount thereof to the treasurer of this
State as so much money actually received by him for the use of this
State.
And be it further etiacted by the authority aforesaid That in case any
county treasurer or treasurers shall have neglected to pay into the treas-
ury of this State any monies by him or them received for taxes, such
treasurers, and every of them, shall be accountable to the treasurer of
this State for the amount of such sums of money so by him or them
received, according to the value thereof at the time he or they shall so
have received the same. And the said treasurer of this State is hereby
authorized and required to prosecute for the same without delay in his
own name in any court of record in this State in an action of debt, or
upon the case, wherein he shall recover with costs.
And be it further enacted by the authority aforesaid That the collectors
respectively in this act mentioned shall not allow to the person or per-
sons respectively who may be in arrear for taxes, any interest on the
Chap. i6.] EIGHTH SESSION. 35
certificates directed to be received in the fifth clause of the act last cates re-
before mentioned ; and that all certificates receiva;kle in payment of ^'/^nt
sales of confiscated property sold at public vendue, specified in an act ot taxes.
entitled " An act for the speedy sale of the confiscated and forfeited
estates within this State, and for other purposes tly rein mentioned "
passed 12th May 1784, shall be received by the collectors respectively,
in all payments for the arrears of taxes to be collected in pursuance of
the act last before mentioned, without any computation of or allow-
ance for the interest due on such certificates.
And whereas counterfeit bills of credit have in some instances been Preamble;
received by the collectors of the respective wards towns manors pre- Jfrfeitbiii»
cincts and districts in this State in payment for taxes in pursuance of of credit,
laws heretofore passed, the loss whereof has fallen upon the respective
collectors; therefore,
Be it further enacted by the authority aforesaid^ That it shall and Proceed-
niay be lawful for the justices and supervisors of the several wards cafe of re-
towns manors precincts and districts in this State where it shall appear ^^^^^P^
to them reepectively by satisfactory proof on oath that the collector of feit bins' of
the said ward town manor precinct or district in which such justices coiiectora.
and surpervisors do reside, hath received counterfeit bills of credit in
payment for taxes by law heretofore directed to be collected not know-
ing them to be counterfeit, the loss whereof hath been sustained by such
collector, to reduce the amount of such loss to its value in specie at the
time such bills were respectively received, and to cause the said sum
in specie to be raised in the said respective wards towns manors pre-
cincts or districts in like manner as the other contingent charges of such
ward town manor precinct or district are raised; and when raised to be
paid to such collector.
And whereas it is necessary to enforce the collection of the arrearage Preamble;
of the taxes on the act entitled "An act for raising a tax in specie and a SJ^fSE^*
tax in paper currency " passed June 30th 1781, and on the act entitled
"An act for levying a tax within this State " passed 20th November
1 781, and also on the act entitled An act for raising the sum of ;^ 18,000,
and the further sum of ;^i8,ooo by tax within this State, and for set-
tling public accounts, passed the nth April 1782, and also on an act
entitled **An act for levying a tax within this State" passed 22d July
1782, and also on the act entitled An act for raising moneys by tax "
passed 25th March 1783.
Be it therefore enacted by the authority aforesaid^ That the several Former
persons who were collectors btween the thirtieth days of June one thou- J|J^^^,"t
sand seven hundred and eighty one, and the first Thursday of May one 'oi* monies
thousand seven hundred and eighty four shall and they are hereby to^c^om^
required on or before the first day of March next to pay unto the pres- \^^^^'
sent county treasurer in each county respectively, such monies as they
shall have collected under all or any of the last mentioned acts, and
which have not already been paid into the treasury of the county, and
that the said collectors also shall and are hereby required without delay
to proceed to collect the arrearages of the taxes which have not yet been
collected on the said acts, or any. of them; and that they the said col-
lectors shall on or before the first day of October next, pay into the
treasury of the said counties respectively, the monies which they shall
» collect as aforesaid.
And be it further enacted by the authority aforesaid^ That in case any Where
of the said persons who were collectors as aforesaid have since died, Collector is
then and in every such case the executors or administrators of such dead, tjj
collector so deceased, shall, and they are hereby respectively required delivered
36 LAWS OF NEW YORK. [Chap. i6.
to present to deliver the several tax lists of the said collectors, whose executors or
CO ec r. administrators they are, to the present collector of the city town manor
district or precinct of the county, without delay: And the said present
collectors and every of them are hereby authorized and commanded
on the receipt of such tax lists, without delay to proceed to the col-
lection of the arrearages due on the several tax lists aforesaid.
Where And be it further enacted by the authority aforesaid^ That in case any
fecSor'hM* o^ ^^ Said former collectors who have neglected to collect all of the
J®°ioved naonies due according to his tax list, shall have removed, and now
district In reside out of the first district, whereof he was collector as aforesaid,
county ^"*^ shall now reside in any other district of the same county, every
such former collector shall, and is hereby authorized and required with-
out delay to proceed to the collection of the arrearages due on the taxes
aforesaid, and which might by him to have been collected.
Where And be it further enacted by the authority aforesaid^ That in case any
collector such former collectors who have neglected to collect all of the monies
mov^ out ^^^ according to the tax list, shall have removed, and now reside out
of the of the county in which he resided when he was a collector as aforesaid,
county ^^^ 2^^ jj^ ^jl g^^^j^ cases the said several former collectors shall, and
they are hereby required on or before the first day of February next to
deliver their respective tax lists as aforesaid, to the present collector
of the respective wards towns manors precincts and districts in which
the said former collectors shall been chosen as aforesaid. And the
said present collectors shall and are hereby authorized and severally
required on the receipt of such tax list, without delay to proceed to the
collection of the arrearages due on the several tax lists aforesaid.
Where And be it further enacted by the authority aforesaid. That in case any
coUector former collector shall have removed and now resides out of this State,
has re- then and in every such case it shall be the duty of the supervisor of the
of*u?e ^^ ward town manor district or precinct from whence such collector shall
State. have removed, to procure the said tax list of such collector, and deliver
the same without delay, to the present collector, who is hereby required
to proceed thereupon immediately, to collect the arrearage or monies
thereupon due.
Rate of al- And be it further enacted by the authority aforesaid^ That it shall and
coUeci^. may be lawful for the several collectors who shall collect any of the
aforesaid taxes, to keep and retain in their hands, at the rate of sixpence
in the pound, and no more, for the monies they shall respectively collect
in pursuance of this act; except the collectors of the cities of New York
& Albany, where no greater poundage shall be allowed than at the rate
of three pence in the pound for the monies that shall be there collected
in pursuance of this act, any law to the contrary thereof in any wise
notwithstanding.
Taxes, In And be it further enacted by the authority aforesaid That the said sev-
iM^ece?vir eral taxes shall be collected and paid in specie or new emission money
able. of this State.
Collectors, And be it further enacted by the authority aforesaid^ That the collectors
proceed to in all and every of the wards, towns, manors districts and precincts in
cofSSfon. ^^^ several counties of this State, and every of them, shall, and may, in
* case of neglect or refusal of the payment of any of the aforesaid taxes
in manner and form aforesaid, proceed to levy and recover the same
agreeable to the fifth clause of the said act entitled "An act for raising
;^ioo,ooo within the several counties therein mentioned," passed May
6th 1784.
Penalties And be it further enacted by the authority aforesaid^ That in case any
ton f«5i*to of the persons who were collectors between the said thirtieth day oi
Chap. i6.] EIGHTH SESSION. 37
June one thousarid seven hundred and eighty one, and the first Tues- perform
day in May one thousand seven hundred and eighty four, and also in pose^IS"
case any of the executors or administrators of such of the said collectors ^t®"* **
as have since died, and also in case any of the present collectors of any
of the cities wards towns manors districts or precincts in any of the
counties in this State shall neglect or refuse to do and perform any of
the duties required of them by this act, all and every such former col-
lector his executors and administrators, and all and every present col-
lector so neglecting or refusing to do and perforn; any of the duties
aforesaid, in manrier and form aforesaid, shall forfeit and pay to the
people of this State the penal sum of one hundred pounds, besides costs,
to be sued for and recovered in the name of the treasurer of the county
where such neglect or refusal shall or may happen, and by such treas-
ures of the county be paid into the treasury of this State; proiddedVrov\9o\
always that none of the said forfeitures or penalties shall extend to such ui^JSwerof
of the said persons, or of the said executors or administrators who shall persona to
not have it in their power to procure and deliver the said tax lists ^^ ^^^'
according to the true intent and meaning of this act.
And be it further enacted by the autJwrity aforesaid^ That in case any Penalty if
of the said county treasurers shall neglect or refuse without delay to t^J^Uer
prosecute to effect for the recovery of any such forfeitures or penalties neglects to
aforesaid by him to be sued for and recovered, every such county treas- P'*^®**^"'®*
urer so neglecting or refusing, shall for every such neglect or refusal
forfeit and pay to the people of this State the penal sum of two hundred
pounds, to be recovered with costs in any court of record in this State,
in the name of the treasurer thereof; and it is hereby declared to be the
duty of the said treasurer, and he is hereby required to prosecute for
the same.
And be it further enacted by the authority aforesaid^ That the secretary printed
of this State shall with all convenient despatch, procure a sufficient tSfs^ct^to
number of copies of this act to be printed, and transmit the same with- be forth-
out delay to the several treasurers of the respective counties in this tributedby
State, by them to be forwarded as soon as possible to the several super- ^f*^g^^^
visors assessors and collectors in the said counties respectively.
And be it further encuted by the authority aforesaid^ That the act enti- Certain act
therein
tied An act for the appointment of commissioners to procure monies on n^med
loan and clothing for the use of this State, passed the 7 th day of March pealed.
1 781, shall be and the same is hereby declared to be repealed, so far as
the same imposed a tax on the articles therein enumerated. Provided Proviso;
re-
nnt to
as-
nevertheless^ that such repeal shall not be construed so as to excuse the 2ffec\^_
collection of any arrears due on any former assessment made in conse- sessmenu
que nee of the said act. niade.^
And be it further enacted by the authority aforesaid^ That the tax Duanes-
quotaed on the united districts of Duanesburgh and Schoharie in the schoharle,
county of Albany, in pursuance of the act entitled "An act for raising certain tax
monies by tax,*' passed 25th March 1783, is hereby remitted. rem tte
And be it furt/ier enacted by the authority aforesaid That in case any where
of the persons who have been rated or taxed on any of the aforesaid {JJId^as
acts shall have removed to and reside in another county than where he removed to
was rated or taxed, then and in every such case the several collectors of county,
the district out. of which such person shall so have removed shall and coi^cted.
may prosecute for the arrears of taxes due by such person so having
removed as aforesaid before any justice of the county in which such
person so having removed shall reside; and such justices and every of
them are hereby authorized and required to hear try and determine the
38
LAWS OF NEW YORK.
[Chap. i6.
Fopmep
collectors
to Im medi-
ately ren-
der ac-
counts to
supervi-
sors.
Courts of
record to
flle In office
of State
treasurer
list of all
fines and
amercea-
ments im-
posed by
virtue of
this act.
Sheriffs to
render ac-
counts of
all fines
and amer-
ceameuts
collected
by them.
Penalty
for neB*
lect.
Sheriffs
hereafter
to fdve se-
curity in
the sum of
£200.
Bonds,
where
filed.
same, in the like manner as if such person so rated or taxed had not
removed as aforesaid.
And be it further enacted by the authority aforesaid That every of the
said former collectors shall and they are hereby required without delay
to appear before the present supervisor of the ward town manor pre-
cinct or district where such collector shall have been chosen, and deliver
to such supervisor an account on oath or if of the people called Quakers
affirmation of all and every the sum and sums of money which any
such collector shall have received or collected for taxes on any of the
aforesaid acts, and which said oath or affirmation the said supervisors
are hereby respectively authorized and required to administer; and
that the said several supervisors who shall receive such account on oath
as aforesaid shall without delay deliver the same to the treasurer of the
county.
And be it further enacted by the authority aforesaid^ That the clerks
of the respective courts of record in this State shall and it is hereby
declared to be their duty on or before the first day of March next, trans-
mit and file in the treasury of this State an account or list of all and
every the fines and amerceaments which have been laid or adjudged in
any of the courts of record in this State since the first day of April
one thousand seven hundred and eighty.
And be it further enacted by the authority aforesaid That the respec-
tive persons who have been appointed a sheriff or sheriffs of any of the
counties of this State since the twentieth day of May one thousand
seven hundred and seventy seven, and the present sheriffs of any of the
said counties shall and they are hereby required on or before the first
day of June next to exhibit and file on oath an account or list of all such
monies which they shall have received for any of the fines or amercea-
ments aforesaid, and the several days they have levied or received the
same, and deliver such account to the auditor of this State for settle-
ment ; and that every such person who has been or now is sheriff as
aforesaid, who shall neglect to do the same, shall forfeit and pay to the
people of this State the penal sum of five hundred pounds, besides
costs, to be sued for and recovered in the name of the treasurer of this
State ; and it is hereby declared to be the duty of the said treasurer to
prosecute for the same.
And be it further enacted by the authority aforesaid^ That every person
hereafter to be appointed to the office of sheriff of any city or county
within this State before he be permitted* to exercise the said office shall
give and enter into bond to the people of this State in the penal sum
of two hundred pounds with two sufficient sureties being freeholders,
each in the penal sum of one thousand pounds, conditioned that such
sheriff shall well and faithfully in all things perform and execute the
said office of sheriff without fraud deceit or oppression, which bonds
shall be filed in the clerks office of the counties respectively, for which
the respective sheriffs shall be appointed, and the said clerks respectively
shall judge of and determine the competency x)f such sureties.
Chap. 17.] • EIGHTH SESSION. 39
CHAP. IT.
AN ACT for the payment of certain contingent expences, and
for other purposes therein mentioned.
Passed the 29th of November, 1784.
Be it enacted by the People of the State of New York^ represented /ft Treasurer
Senate and Assembly y and it is hereby enacted by the authority of the same^ montl^
That the treasurer of this State shall out of the monies which now are out of
or hereafter may be in the treasury and not otherwise specially appro- to^SerSn
priated pay the following sums of money, and to the following persons persona,
to wit.
To each of the delegates of this State at and after the rate of five DeiegAtes
dollars per day for such time as they have attended or shall attend or ^^J**"
were going to or returning from Congress to their respective places of
abode, according to such accounts as they shall respectively produce
audited by auditor of the State, provided that the monies from time to
time advanced to the said delegates shall be charged to their accounts
respectively, and the treasurer is hereby authorized to advance to each
of the delegates respectively who shall attend in Congress ^a sum not
exceeding two hundred pounds.
To the several members of the Senate and Assembly for each and Members
crery day they shall have severally attended in Senate and Assembly ^nd*"***
during the present meeting of the Legislature and for each and every Assembly.
day they shall have been or may be travelling to and from their respec-
tive places of abode, to the place of the said meeting of the Legislature
each the sum of sixteen shillings per day, agreeable to such accounts
thereof as they shall severally produce certified by the president of the
Senate or spea!ker of the Assembly as the case may be ; the account of
the president of the Senate to be certified by the clerk of the Senate,
and the account of the speaker of the Assembly to be certified by the
clerk of the Assembly.
To the former members of the council of appointment at and after council of
the rate of sixteen shillings per day during their attendance on the Sfenti***^
council in the recess of the Legislature, and for the time of their travel-
ling from and to their respective places of abode, according to such
accounts as the clerk of the said council shall certify.
To John McKesson Esquire clerk of the Assembly, and Abraham B. Clerks of
Bancker Esquire clerk of the Senate for their services in their respec- A^SemWy^
tive stations during the present meeting of the legislature, each thirty
ilullings per day, and for several sums by them severally advanced for
the use of the Senate and Assembly respectively, the amounts of such
accounts thereof respectively as they shall severally produce certified
hy the president of the Senate or speaker of the Assembly, as the case
nay require.
To the door keepers of the Senate and Assembly during the present Doorkeep-
oiecting of the legislature each sixteen shillings per day agreeable to JJ| 2nd*°"
snch certificates thereof as they shall respectively produce, certified by Assembly.
^ president of the Senate or speaker of the Assembly.
And whereas in and by the forty sixth section of the act entitled Preamble;
**An act for the speedy sale of the confiscated estates within this State Sue^pe?**
3nd for other purposes therein mentioned, passed the 12th day of May «on»
W84 it is declared that citizens of this State who are indebted to any tateTi^
persons whose real or personal estates are forfeited to the people of this forf«'*«*-
40
LAWS OF NEW YORK.
[Chap. 17.
Time for
payment
extended.
Robert
Henry et
at. for
Btove de-
stroyed.
Advances
tongents
for vindi-
cating
rights of
this State
in the coD-
troversy
with
Massachu-
setts.
Auditor
audit ac-
counts o(
levies
drafted
into conti-
nental line
and issue
oertlfl-
oatee.
William
Roe. for
services
during
late war.
Collector
of customs
at New
York to
remit cer-
tain duties.
State should and might pay such debts into the treasury of this State
within six months after the passing of the said act, and whereas it is
deemed expedient that a farther time should be given for the payment
of the said debts, be it therefore enacted by the authority aforesaid \\\2X
it shall and may be lawful for such debtors, and for such person or
persons who have purchased any lands which were at the time of such
purchase mortgaged and which mortgages have become forfeited as
aforesaid to pay the monies as provided in and by the said act and the
monies due on such mortgages into the treasury, provided the same be
so paid on or before the first day of November next ; and the commis-
sioner or commissioners are hereby inhibited from suing for and recov-
ering the said debts untill after the said first day of November, any
thing in the said forty sixth section to the contrary notwithstanding.
And be it further enacted by the authority aforesaid^ That it shall and
may be lawful for the treasurer of this State to pay out of any monies
in his hands unappropriated to Robert Henry or Matthew Watson the
sum of thirty seven pounds for an iron stove the property of the Pres-
byterian Church in the city of Albany which was destroyed by fire while
in the use of the Legislature of the State at Kingston.
And be it further enacted by the authority aforesaid^ That it shall and
may be lawful for the treasurer of this State and he is hereby required
to advance^unto the agents appointed in pursuance of the act entitled
"An act to appoint agents or commissioners for vindicating the right
and jurisdiction of this State against the claims of the Common wealth
of the Massachusetts pursuant to the Articles of Confederation and Per-
petual Union of the United States passed during the present meeting of
the legislature," or to any two of them, on their receipt, such sum or
or sums of money as they shall require to defray the expence of the
trust reposed in them, not exceeding one thousand pounds, for which
they shall be accountable.
And be it further enacted by the authority aforesaid^ That it shall and
may be lawful for the auditor to audit the accounts of the levies of this
State who were from time to time drafted in the Continental line of
this State on the officers under whose command the said levies served
producing the necessary proofs to the auditor from the paymaster of
the regiment in which the levies respectively served the time of their
inlistment and which have not been settled with by the paymaster gen-
eral and charge the same to the account of the United States, and the
treasurer is hereby directed to grant certificates to the levies aforesaid
in like manner as has been granted to the levies and militia of this State
agreeable to an act entitled An act for the settlement of the pay of the
levies and militia for their services in the late war and for other pur-
poses therein mentioned, passed 27th day of April 1784. .
And be it furt/ier enactea by the authority aforesaid That it shall be
lawful for the treasurer of this State to pay William Roe out of any
unappropriated monies in his hands the sum of twenty pounds in con-
sideration of services rendered by him to the United States in the
course of the late war, and charge the same to the account of the
United States.
And be it further enacted by the authority aforesaid^ That it shall and
may be lawful for the collector of the customs at New York and he is
hereby authorized and required to remit the duties accrued on merchan-
dize consigned to Samuel Franklin & Co. and to be by them forwarded
to New Port in the State of Rhode Island, and were exported by them
accordingly, & for payment whereof they have given bonds to the
said collector, the said Samuel Franklin & Co. first producing to the
CfTAP, 17.] EIGHTH SESSION. 41
said collector proper certificates of the said merchandize having been
duly landed reported and entered at the custom house at New Port
aforesaid.
And be it further enacted by the authority aforesaid^ That it shall be Pensions
lawful for the treasurer of this State to pay the pensions of John Rice, disabiS^"
David Wendell and Gerardus Moke disabled soldiers inhabitants of this soldiers
State on their producing to him their discharges as required by the act Lamed.
making further provision for persons who have or may become disabled
while in the service of the United States passed iSth March, 1783, any
thing in the said act to the contrary notwithstanding.
And be it further enacted by the authority aforesaid That it shall and Lieut.
may be lawful for the auditor of this State to audit the account of v?lJ^2i^
Ephraim Vrooman a lieut. in Collo. Peter Vrooman's regiment of militia account
for his pay while in actual service or in captivity and the treasurer of ** *
this State is hereby authorized and directed to pay to the said Ephraim
Vrooman twenty pounds in specie in part of such account and grant
certificates in like manner as has been given to the militia of this State
for the residue of the amount of such account.
And be it further enacted by the authority aforesaid That it shall and johna-
raay be lawful for the commissioners of forfeited estates in the western ^'Ihooi'"*
district to set apart for the use of a school, the house and lot of ground house at.
in Johnstown commonly known by the name of the free school house if
pot already disposed of consisting of half an acre of ground any thing
in the act for the speedy sale of confiscated and forfeited estates within
this State and for other purposes therein mentioned passed 1 2th May
1784 to the contrary in any wise notwithstanding.
And be it further enacted by the authority aforesaid That it shall be Maj. Gen.
lawful for the auditor and treasurer of this State and they are hereby *^\, 2nd
directed to audit and settle the accounts of Major General McDougall, Sthere, ao-
Brigadier General James Clinton and such of their respective suits as <Jo^°^ o'-
are inhabitants of this State, of John Gano chaplain and of the late
troops of this State in the service of the United States for the months
of August, September, October November and December in the year
1780, and the treasurer is hereby directed to pay to Michael Conolly
out of any money unappropriated in his hands the sum of five thousand
pounds on account, and to be by him applied to the payment of the
said Major General McDougall, Brigadier General James Clinton and
stich of their suits as aforesaid the said John Gano and of the said
troops for the months aforesaid, in equal proportions according to the
sums due to them respectively.
And be it further enacted by the authority aforesaid^ That it shall be Margaret
lawful for the treasurer of the State to pay to Margaret Riker, the one P'^^Yv'®"*
half of the amount of a certificate given to her, for her late husbands husband^s
depreciation of pay and indorse the same on the said certificate. p*^-
And be it further enacted by the authority aforesaid That it shall be Cornelius
lawful for the said treasurer to pay unto Cornelius Jansen Junr. for jf^^^^^nJ-"
transporting the records of this State from Kingston to Poughkeepsie poitinfl:
the sum of eight pounds. ^®^"*"*
And be it furtJur enacted by the authority aforesaid That the said treas- Loana to
ttrer be and is hereby authorized and required to pay the principal and ^**JJ''***''
interest of all such monies as have been taken on loan by his excellency repaid,
the governor, in pursuance of any laws of this State heretofore passed to
such persons respectively who have loaned the same, out of any monies
'rhich may hereafter come into the treasury by virtue of the act entitled
**An act for raising ;;^i 00,000 within the counties therein mentioned,
passed 6th May 1784.
Vou 2. — 6.
42 LAWS OF NEW YORK. [Chap. 17.
Hanuah And be it furtlicr enacted by the authority aforesaid That the said treas-
whwlt'dis- ^^^'' P^y *^ Hannah Nicoll executrix of John Nicoll deceased out of
tributed any monies in the treasury not otherwise appropriated foi\r pounds
husiSnd.^ twelve shillings in full for diverse small quantities of wheat delivered
by the said John Nicoll in his life time to the wives and children of
several persons then serving in the line of the troops of this State in the
service of the United States.
Oeorse And be it further enacted by the authority aforesaid^ That it shall be
forfe?^d lawful for Daniel Graham Esquire commissioner of forfeitures for the
«J^^e "n- "^^^^'^ district of this State, and he is hereby directed to convey to
veyed to Cornelius T. Jansen late a captain in the First New York Regimenti all
nefius^r ^^ estate which George Folliot (who was attainted by a law of this
Jansen. State) ha^ in a farm situate in Amenia precinct, in the county of
Dutchess, located by the said Cornelius T. Jansen and appraised to
him, for the sum at which it was so appraised.
Mary Bare- And be it further enacted by the authority aforesaid^ That the said treas-
eto!,^hfed ^^^^ ^^ hereby authorized and required to deliver unto Mary Barclay
by com- the widow of Henry Barclay deceased the plate and other property
of seqiUS (belonging to her) which was deposited with him by the commissioners
traUoii. Qf sequestration for the county of Ulster.
Certain And be it further enacted by the authority aforesaid That it shall and
ufay^e? "^^7 ^^ lawful for the several persons mentioned in the third clause of
main with- the act entitled **An act to preserve the freedom and independence of
s^te? this State and for other purposes therein mentioned, passed the 12th
May 1784, to remain and reside within this State without any molesta-
tion, until the end of the next meeting of the legislature after the first
day of November next or until the legislature shall make further pro-
vision in the premises.
Indian And be it further enacted by the authority aforesaid^ That it shall and
propria?^ may be lawful for his excellency the governor by warrant under his
tiona for; hand to draw from the treasurer of this State any sums of money not
of landji! exceeding the sum of five hundred pounds to negotiate Indian affairs
within this State, and to be accounted for by the commissioners for that
purpose appointed. And a further sum not exceeding five thousand
pounds to enable his excellency and the commissioners for Indian
• affairs to purchase from the Oneidas & Tuscaroroes for the use of the
fieople of this State a tract of the country which they now occupy and
as this legislature are informed) are willing to dispose of. And be it
further enacted by the authority aforesaid that no part of the lands
which may be so purchased shall be granted or located untill the legis-
lature shall make further provision respecting the same.
Preamble; Whereas by the 30th clause of the act entitled "An act imposing
fn pay o?^ duties on the importation of certain goods wares and merchandize passed
collector 22nd day of March 1784, it was enacted that the collector for the port
%t Ne^w*™" of New York should be entitled to receive and deduct out of the money
York. which would come into his hands in pursuance of the said act a salary
at and after the rate of ;^i 200 per annum as a full reward & com-
pensation for his services and for house or office rent, clerk hire, fire
wood, messengers or servants to attend the office, stationary and all
other contingent expences whatever. And whereas the said salary for
the time past appears to the legislature to have been insufficient be it
Salary of therefore enacted by the authority aforesaid That the said salary of ;^ i , 200
fnoreS^. nientioned in the said act shall be and is hereby encreased to the sum
of one thousand four hundred pounds.
New com- And be it further enacted by the authority aforesaid That William Den-
Slmed to ning Comfort Sands and Henry Remsen Esquires or any two of them
Chap. 17.] EIGHTH SESSION. 45
be and are hereby appointed a committee to advise and instruct the instruct tha
auditor of the State instead of Philip Schuyler, Abraham Yates Junr. »"<^^o^-
and John Lansing Jun. Esquires who from the places of their resi-
dence cannot conveniently instruct the said auditor in all cases where
he finds himself incompetent to the liquidation of accounts without
such aid and instructions.
And be it further enacted by the authority aforesaid That it shall be Samuel
lawful for the said treasurer and he is hereby directed to pay Samuel ^n^lg'ad-
Louden the sum of three hundred pounds to be accounted for by him vanced to.
on a settlement of his accounts with the State. To Ezra L'Hommidieu Ezra
fifteen pounds eleven shillings & four pence being the ballance due di^i*! bS-"
him for his services in attending the legislature in the year 1782, to be anco'of
charged to Udny Hay (his order as State agent of the 14th April 1782 mem^of
on CoUo. Abraham BrincherhofiT or the said sum being unpaid,) and i«Ktelaturo,
to Tuenis T. Van Veghten or his order the sum of thirty pounds agree- TeunisT.
able to his account for his services and monies expended by him in ^^2^^'
procuring wheat on a subscription by sundry members of the legislature ioeiin
in the year 1781, for the use of the troops in Albany and charge the whwitlu*
amount thereof to the account of the United States. i'*8i»
And be it further enacted by the authority aforesaid That the treas- Capt Ty-
urer of this State be and he is hereby authorised and directed to pay SSIins
out of any monies in the treasury unappropriated to Captain Tyrannus monies ad-
CoIJins the sum of one hundred and seventeen pounds nine shillings ^^^^
and one penny to enable him to discharge his debts contracted while he
was a prisoner in Canada to be endorsed on the certificate which he has
received from the treasurer for his pay.
And whereas it appears to the legislature that George Fisher of the Preamble;
city of New York thro' his activity and public spiritedness detected a riouBserv'-
combination for counterfeiting the notes of the superintendant ofjcesof
finance and treasurer of the United States, the bills of credit of the fSSw.
said United States and of this and other sta'tes and caused the coun-
terfeit types and a large sum of counterfeit money to be seized and the
offenders to be arrested while the British garrison were yet in possession
of the city of New York and that the conduct of the said George Fisher
was highly laudable.
Be it therefore enacted by the authority aforesaid That it shall and may Monies
be lawful for the treasurer of this State & he is hereby authorised and ttSaa'a"
directed to pay to the said George Fisher the sum of forty pounds reward to.
being so much expended by him in executing the said business.
And be it further enacted by the authority aforesaid That the several Commis-
persons who have been commissioners of sequestration in the several Siq^Jf^tra-
counties in this State who have not already done it shall exhibit & file tion.toao
in the office of the auditor of this State an account on oath according all pro-
to the best of their knowledge, of the personal estate by them seized ^^eedings.
or sold by virtue of law of this State and of the monies by them
received in consequence of such sales or of any houses lands or tene-
ments by them leased on rent and pay such monies into the treasury of
this State after deducting such expences and fees as are by law allowed
for their services on or before the first day of June next and that every
such commissioner neglecting or refusing so to do shall forfeit and pay
to the people of this State the penal sum of five hundred pounds besides
costs to be recovered in the name of the treasurer of this State whose
tay it is hereby declared to be to prosecute for the same and the audi-
tor of this State is hereby directed to publish this clause in one of the
Dcws papers printed in the cities of New York and Albany respectively
for four weeks successively within three months from the passing of this
44 LAWS OF NEW YORK. [Chap. i8.
Id., not to act. Provided nevertheless and be it further enacted by the authority afore-
acu done, said that it shall not be lawful for any person or persons to sue or prose-
cute the said commissioners of sequestration or any of them for any act
or acts which they or any of them have done in or about the execution
of the trust reposed in them.
CHAP. 18.
AN ACT to enable the clerks of the respective cities and coun-
ties within this State, to cancel the records of certain mort-
gages, made and executed to persons, whose estates are for-
feited, on proof that such mortgages are satisfied.
Passed the * of November, 1784.
Preamble; Whereas it is represented to the legislature, that certain mortgages
tain^mort- to persons, whose real and personal estates are forfeited to, and vested
gages held in, the people of this State, are registered in the offices of the clerks of
whose es- several of the cities and counties within this State, pursuant to an act
forfeited. ^^ ^^^^ ^^^^ Colony entitled **An act for preventing frauds by mortgages,
which shall be made and executed after the first day of June, in the
year one thousand seven hundred and fifty-four" passed the 12th day
of December 1753: And that in many cases, the original mortgages
^ remain in the hands or power of the mortgagees. And whereas '\X. is
required by the said act, that the certificate thereby prescribed, to
enable the respective clerks to discharge the entry of mortgages, shall
be signed only by the mortgagee, his or her executors administrators or
assigns; and by reason thereof, mortgages so as aforesaid, vested in the
people of this State, altho* they should be fully redeemed and paid off,
could not be cancelled, but must remain an incumbrance to the great
discouragement of purchasors, and the detriment of the public: For
remedy whereof
^mSI? ^' -^^ '^ enacted by the People of tJu State of Neiv York represented in
Sxed to** Senate and Assembly y and it is hereby enacted by the authority of the same^
Jl^JjiJJ^}?' That where any person or persons, entitled to the equity of redemption
mortKftffes of lands tenements or hereditaments, vested in manner aforesaid in the
referred to pgQpjg Qf t^jg State, shall be desireous to redeem and discharge the
incumbrances thereon or who have redeemed and discharged the incum-
brances on such lands tenements or hereditaments since the twelfth day
of May one thousand seven hundred and eighty four, it shall and may
be lawful, to and for all and every such person or persons, to apply to
any one of the judges having authority to take proofs and acknowledg-
ments of the due execution of mortgages, in the city or county wherein
the same lands tenements or hereditaments may be situated, and to pro-
duce to such judge, the evidence respecting such mortgage, and the
payments made thereon, and if the judge on satisfactory testimony, shall
be able to ascertain the ballance in arrear on such mortgage, he shall,
after due examination certify under his hand and seal to the treasurer
of the State, and to the clerk of the city or county, in whose office the
mortgage may be registered, the ballance which shall so appear to him
to be justly due thereon, and upon producing such certificate to the
treasurer, and tender in the manner which the law directs of such bal-
lance; the treasurer shall and he is hereby authorized and directed to
♦ So in original.
Chap. i8.] EIGHTH SESSION. 45
receive the same, and to sign a certificate of such receipt, which certifi-
cate, being acknowledged by him, or proved by the oath of one or more
witnesses in the manner directed by the said act with respect to the cer-
tificate of the mortgagee, or his representative, and being filed with the
certificate of the judge first mentioned in the office of the clerk of the
city or county where such mortgage shall be registered, it shall and may
be lawful, to and for the said clerk, and he is hereby required to enter
in the book of mortgages, a minute of the said certificates, which minute
so entered, shall operate as a full and at)Solute bar to all and every such
mortgage and mortgages to all intents and purposes whatsoever. Pro- Provlao;
vidtd that with respect to such persons who ha^ve redeemed or dis- ^aiespaidT
charged the said incumbrances on such lands tenements or hereditaments fo* mL ^
since the twelfth day of May one thousand seven hundred and eighty
four, it shall only be necessary for the said persons respectively to pro-
duce the certificate of discharge given by the treasurer on payment, and
upon proof of the same in manner aforesaid, it shall be lawful for the
said clerks, and they are hereby respectively required to enter in the
book of mortgages, a minute of the said certificates respectively, which
shall operate as a discharge in like manner as aforesaid.
LAWS
STATE OF NEW-YORK,
PASSED AT THE
SECOND MEETING OF THE EIGHTH SESSION OF THE LEGISLATURE,
CHAP* 19*
Rate of
tonnage
on certain
vessel
increased.
Proviso;
ships of
war, etc.,
exempted
from duty
oftonnaffe.
AN ACT to amend an act entitled An act to lay a duty of ton-
nage on vessels for defraying the expence of the light house at
Sandy Hook, passed I2th February, 1784.
Passed the 15th of February, 1785.
Be it enacted by the People of the State of New York, represented in
Senate and Assembly and be it enacted by the authority of the same That
all vessels having foreign registers, or being the property of foreigners
which shall arrive from sea into the port of New York shall instead of
four pence pay a duty of eight pence per ton, to be levied and collected
in like manner as the duty of tonnage is directed to be levied and col-
lected in and by the said act entitled '*An act to lay a duty of tonnage
on vessels for defraying the expence of the light house at Sandy Hook.
Provided nevertheless that no vessel employed as a packet from any for-
eign prince state or potentate, or bearing a commission as a ship sloop
or vessel of war under any such prince state or potentate shall be obliged
to pay any duty of tonnage to be paid by this act, or by the act entitled
An act to lay a duty of tonnage on vessels for defraying the expence of
the light house at Sandy Hook any thing to the contrary notwithstand-
ing.
Chap, jo.] EIGHTH SESSION. 47
CHAP. 20.
AN ACT to punish delinquent' jurors constables and other
persons.
Passed the 25th of Februaiy, 1785.
Whereas a defect of sufficient power in the several courts of record
in this State in imposing fines for the default of jurors constables and
other persons occasions remissness in their attendance to the delay of
justice.
Be it therefore enacted by the People of the State of New Yorh, repre- nne for
sentedin Senate and Assembly ^ and it is hereby enacted by the authority ^ Juror to '
thesamCy That every grand or petit juror constable or other person attend,
whose duty it is to attend any of the courts of record in this State who
shall refuse or neglect to attend shall be liable to be fined by the court
in a sum not exceeding five pounds. And in every case where such
fines shall be imposed by any of the said courts, such court shall before
the court rises, cause public proclamation of such fines to be made by
the crier of the court.
And be if further enacted by the authority aforesaid That if such in default
delinquent juror constable or other person who shall be fined as afore- factorTex-
said shall not on or before the second day of the subsequent term after cuse, pro-
such fine is imposed, offer legal and satisfactory reason or excuse to f^^e'for
the court for his default or non-attendance, that thereupon an order or ^^^^^^^
process of the court shall issue to the sheriff of the city or county com-
manding him to levy the fine or fines so imposed as aforesaid, by dis-
tress and sale at public vendue of the goods and chatties of the de-
faulters respectively; and which sheriff shall and may retain out of the
produce of the same, a sum equal to the fine or fines, and also a milage
fee of six pence per mile from the defaulters house to the court house
of the county, and shall return the overplus money, if any there shall
be, to such defaulter: Provided nevertheless that the sheriff of the city
and county of New York, instead of a milage fee shall and may levy
have and retain a fee at the rate of one shilling in the pound on each
such fine.
And be it further enacted by the authority aforesaid^ That the sheriff Sheriff to
who shall have levied any such fines as aforesaid, shall within one fS?fln^.
month after he has levied the same, give an account thereof to the
derk of the court to be filed.
And be it further enacted by the authority aforesaid^ That the sheriff Penalty for
or officer who shall have levied any of the said fines shall on or before sherfff? ^
the first day of the subsequent term after he has levied the same pay pj]^*^
the same to the treasurer of the county, where such fine shall have
been incurred, under the penalty of double the sum of such fine or
fines respectively omitted to be paid, to be recovered with costs
by and in the name of the treasurer of the county where such
fines shall respectively have been incurred, in any court of record in
this State having cognizance of the same, by action of debt or on the
case; which said fines and forfeitures shall respectively be applied by
the supervisors for defraying the necessary and contingent charges and
cxpences of the county where such fines shall have respectively been j^. j^e^
incurred; except in the city and county of New York, where the fines York city
levied shall by the sheriff be paid to the chamberlain of the said city to SSunty.
48 LAWS OF NEW YORK. [Chap. 21.
be applied to the use of the poor of the said city and county; and in
case of neglect to pay the same within the time for that purpose above
limitted the like penalty of double such fine or fines may be recovered
by the said chamberlain in his own name with costs in an action of
debt or upon the case in any court of record having cognizance thereof,
and when so recovered be applied to the use of such poor as last afore-
said.
Court may And be it further enacted by t/ie authority aforesaid That nothing
ce^88*forth- ^^ ^^^^ ^^^ contained shall be construed to prevent any court of oyer
with. and terminer or gaol delivery from issuing an order or process immedi-
ately, or during its sitting, to the sheriff of the county where such courjt
hall then be, to levy any fines which shall by them be imposed: And
Act not to that this act as far as relates to the power of imposing fines, shall not
fnfwSor*^ be construed to extend to any court for the trial of causes to the value
courts. of ten pounds and under.
CHAP. 21.
AN ACT for vesting the estate of Philip Livingston late of the
city of New York Esquire deceased, in trustees for the pay-
ment of his debts, and other purposes therein mentioned.
Passed the 25th of Febniaty, 1785.
Preamble; Whereas it hath been represented to the legislature that Philip Liv-
SfPhmp** ingston late of the city of New York Esquire deceased, at the time of
Liviinwton his death, owed very considerable sums of money to a number of differ-
Y^tV^fviy, persons, and that his personal estate is far from being adequate to the
deceased, payment of his debts, and whereas it hath been further represented to
the legislature, that the surviving executors named in the last will and
testament of the said Philip Livingston, have renounced the administra-
tion of his said personal estate, and thereupon administration of all and
singular his goods and chattels, rights and credits with his said last will
and testament annexed, hath been granted to his son Philip Ph. Livings-
ton who hath given security according to law for the due performance
Id., peti- of the same. And whereas a humble petition hath been presented to
kSffliature ^^^ legislature by the said Philip Ph. Livingston, Christina Livingston,
by widow widow of the said Philip Livingston deceased and others, praying that
foi^rdiief" the real estate of the said Philip Livingston deceased may by an act
of the legislature be vested in him the said Philip Ph Livingston,
and in Isaac Roosevelt and Robert C. Livingston their heirs and
assigns as trustees, first for the payment of the debts due from the said
\ Philip Livingston at the, time of his decease and his funeral charges,
and then of the several legacies given in and by his last will and testa-
ment aforesaid, and afterwards in trust, to convey the residue of the
same real estate (if any) to the several persons interested therein ac-
cording to the proportions which they are entitled to of the same.
And praying also that by the said act it may be provided, that the inter-
est of Christina Livingston the widow of the said Philip Livingston
deceased, in the said estate may only be disposed of, in case the other
parts of the said real estate are insufficient for the payment of the afore-
Id., neces- said debts, unless she shall consent to the sale thereof. And whereas
feSwitWe t^^ interposition of the legislature in this case hath become necessary,
relief. because the part of the real estate aforesaid, devised by the last will and
Chap. 21.] EIGHTH SESSION. 49
testament of the said Philip Livingston deceased to his son Abraham in
fee, is legally vested in Henry Alexander Livingston (the son of John
H. Liyingston of the city of New York doctor of divinity, one of the
petitioners aforesaid) an infant unable to make any legal disposition of
his estate. And whereas all the surviving devisees of the said Philip
Livingston (except the said infant whose tender years did not admit
thereof) have assented to the prayer of the said petition, which appears
to be reasonable in itself and the legislature think it proper to adopt a
measure calculated to do justice to the creditors and legatees.
■ Be it therefore enacted by the People of the State of New Yorky represented Batata of
in Senate and Assembly^ and it is hereby enacted by the authority of the same ^ k)^oi^^
That all and singular the real estate, lands, tenements and hereditaments ^^^'^f**
within this State, whereof the^aid Philip Livingston deceased died seized, trustees
shall at and immediately after the passing of this act, be vested in the pu^rJ^J^
said Philip Ph. Livingston Isaac Roosevelt and Robert C. Livingston therein
their heirs and assigns (as joint tenants and not as tenants in common) witSpower
upon the several trusts herein after mentioned and expressed, that is to *o convey.
say, in trust and confidence that the said real estate, lands tenements
and hereditaments of the said Philip Livingston deceased, or such parts
or parcels thereof as may be found necessary and sufficient (in aid
of the personal estate of the said Philip Livingston deceased) to pay
and discharge in the first place the debts and funeral charges of the
aforesaid Philip Livingston deceased, and also in the next place, to
raise, pay and discharge the several pecuniary legacies in the aforesaid
last will and testament specified and mentioned (that is to say, the sum
of twelve hundred pounds bequeathed by the same Philip Livingston to
each of his four children Margaret, Sarah, Abraham and Henry), and
to raise an annuity for the payment of the annual sums by the said last
will and testament directed to be paid to and for the use of the testators
son Richard, shall and may be sold and disposed of in the best and most
advantageous manner at the discretion of the said Philip Ph. Livingston,
and upon such sale or sales shall and may be granted and conveyed in
fee simple by the said trustees to the purchaser or purchasers thereof.
And upon this further trust and confidence that as soon as the said Division of
debts and funeral charges shall be paid and discharged, and the several Sfter pay-
legacies and annuity aforesaid shall be raised as is herein before men- "bt« d
tioned, that then the said trustees or the survivors of them shall grant annuities.
and convey in due form of law, all the said testators estate in the town-
ship of Brooklyn in Kings county on Nassau island, and also the house
late his dwelling house in the city of New York together with the lot of
ground, store, outhouses and buildings appertaining thereto, and also
the house and lot of ground adjoining the said dwelling house and
formerly occupied by Wynandt Van Zandt (or so much thereof as shall
not be sold in pursuance of this act) to the said Christina Livingston
for and during her natural life, and that the rest and residue aforesaid
of the same real estate, lands tenements and hereditaments, shall be
divided and conveyed to the persons and in the manner and proportions
specified and expressed in a certain indenture of four parts, bearing
date the sixth day of July last, and made between Eilardus Westerlo of
the city of Albany and Catharine his wife, Thomas Jones of the city of
New York physician and Margaret his wife, and John H. Livingston
of the city of New York doctor of divinity and Sarah his wife of the
first part, James Roosevelt of the city of New York gentleman of the
second part, the aforesaid Philip Ph. Livingston of the third part, and
the said Isaac Roosevelt and Robert C. Livingston of the fourth part.
Provided always.
Vol. 2. — 7.
50 LAWS OF NEW YORK. [Chap. 21.
In case And be it further enacted by the authority aforesaid^ That in case the
iSminift. administration so as aforesaid granted to the said Philip Ph. Livingston
Sfuip^Ph ^^ ^^ goods and chattels, rights and credits which were of the said
Livingston Philip Livingston deceased at the time of his death shall at any time
reroked, hereafter be revoked or annulled, or if such administration shall or may
trufltees'to be granted to any other person or persons (during the life time of the
Mtate^to said Philip Ph. Livingston) that then and in either of the said cases,
K'nam^ the said Philip Ph. Livingston Isaac Roosevelt and Robert C. Living-
* ston, and the survivors and survivor of them, and in case of the decease
of the said Philip Ph. Livingston, then the said Isaac Roosevelt and
Robert C. Livingston, and the survivor of them shall grant and convey
all the said real estate, lands tenements and hereditaments (not before
sold and disposed of pursuant to the trusts herein before mentioned) to
such person or persons as may be nominated and appointed, with the
assent of the said Eilardus Westerlo and Catharine his wife, Thomas
Jones and Margaret his wife, John H. Livingston and Sarah his wife and
Henry Alexander Livingston or the majority of them, or the survivors
or majority of such survivors, to administer the goods and chattels rights
and credits aforesaid, and his or their heirs and assigns forever, who
shall from the time of such conveyance, be seized of the said real estate
lands tenements and hereditaments subject to and for the completion
of the trusts aforesaid, and shall in all respects, relating to the execution
of the same, stand in the place of the said Philip Ph. Livingston Isaac
Roosevelt and Robert C Livingston.
Sales of And be it further enacted by the authority aforesaid^ That whilst* the
to^ea?*^ said Philip Ph. Livingston shall continue administrator as aforesaid, all
sole disore- sales of the said real estate lands tenements and hereditaments or any
m^rUstra- ' part thereof to be made in consequence of this act, shall be made at his
teestoexe- ^^^^ discretion, and that he alone shall receive and be accountable for
oute deeds, the purchase or consideration money thereof, but the deeds for the
same, shall be signed and executed as well by the said Isaac Roosevelt
and Robert C. Livingston or the survivor of them as by the said Philip
Ph. Livingston.
Preamble; And inasmuch as the said Philip Ph. Livingston has already sold or
tain'prop- agreed to sell the share or right of the said Philip Livingston deceased
ertytn in a certain sugar house and lot of ground* fronting upon Crown street
Sroet^New in the city of New York to John Lawrence and others in fee simple for
York city, ti^g consideration of one thousand four hundred and sixteen pounds,
thirteen shillings and four pence by him received.
Trustees Be it further enacted by the authority aforesaid^ That the said sale be
to c^nvey^ and it is hereby ratified^ and the said Philip Ph. Livingston Isaac Roose-
property velt and Robert C. Livingston or the survivors of them are hereby fully
referred authorized and required to grant, convey and release the one third part
of the said sugar house and lot of ground to the said John Laurence
and others in fee simple, which grant, conveyance and release shall be
sufficient to bar all persons claiming or to claim under the said Philip
Livingston deceased from any right or claim of in and to the said sugar
house and lot of ground and the consideration money aforesaid for the
same, shall be applied pursuant to and in performance of the trusts
herein before specified.
Real estate ^^^ ^^ ^y further enacted by the authority aforesaid. That such part
qu^thed of the real estate aforesaid, as is particularly bequeathed to the afore-
tfna Uvl said Christina Livingston for her life, in and by the said last will and
no?to°be testament aforesaid of her said husband, or any part thereof shall not
sold with- be sold by virtue of this act to perform the trusts herein before specified,
ooDMQt. unless the remainder of the said real estate and the personal estate of
Chap. 22.] EIGHTH SESSION. 51
the said Philip Livingston deceased shall be found insufficient to dis-
charge his debts, or unless the said Christina Livingston shall give her
consent in writing to such sale or sales, in which last case, she shall be
entitled during her life to such sum and sums of money as she and the
said Philip Ph. Livingston shall agree, to be paid her by the administra-
tor for the time being upon her husbands said estate, if his estate real
and personal shall be sufficient to make good the same, after the pay-
ment of all bona fide debts. Provided always that nothing herein con- PtotIso;
tained shall be construed to enure or extend in any manner to deprive to aifec t"*^*^
the administrator of the goods and chattels rights and credits of the ^^^
said Philip Livingston deceased of any right power or privilege which ofadlnin-
he might lawfully have or claim as representative of the said Philip {SjSSSal"
Livingston deceased, by virtue of a certain act of the Legislature enti- repreeen-
tled " An act relative to debts due to persons within the enemies lines " ^***^®-
passed the 12th of July 1782, or in anywise to abridge the same. ^«// Proviso;
provided also that nothing in this act contained shall in any manner bind, not'to '
abridge or efifect the estate or right which any other person or persons ^Fl^'A *
except the said Christina Livingston, Philip Ph. Livingston, Eilardus parties^
Westerlo and Catharine his wife, Thomas Jones and Margaret his wife, ^^ole meS
John H. Livingston and Sarah his wife and Henry Alexander Living- tionod.
ston may have or claim in any lands or real estate that may be sold or
disposed of by virtue or under colour hereof.
And be it further enacted by the authority aforesaid, That in case it if *®<^l^
shall so happen that any act of the legislature shall hereafter be passed requfre
obliging non residents or aliens within a limited time to sell such real Jj^^^^^^
estate, as they may have and hold, or claim to hold within this State lands in a
that then and in such case the said limited time with respect to such Sov^s^uoh*
parts of the said real estate, lands tenements and hereditaments as shall ^^j ahaW
fall to the share of the said Philip Ph. Livingston shall only be com- puted. "
pated from the time of such division as is herein before mentioned, and
the said Philip Ph. Livingston or his heirs shall be at liberty within that
time to sell and dispose of such parts of the said real estate and to exe-
cute deeds and conveyances to the purchasor or purchasors thereof in
fee simple, which deeds and conveyances shall be valid and effectual,
any law or statute to the contrary in anywise notwithstanding.
CHAP. 22.
AN ACT relative to the mortgage therein mentioned.
Passed the 25th of February, 1785.
Whereas Samuel Shidmore surviving executor of the last will and Preamble;
testaraenr of Thomas Denton late of Jamaica in Queens county hath by JSin^^rt-
his petition to the legislature, set forth, that the said Thomas Denton k^w exe-
died in the year one thousand seven hundred and seventy seven leaving Richard^
four children, the eldest of whom is about fourteen years of age, and by ^^«*°®-
his said will appointed Amos Denton and John Shidmore now deceased,
^d the said Samuel Shidmore executors thereof. That on the tenth day
of April m the year one thousand seven hundred and seventy eight (being
in the life time of the said Amos Denton and John Shidmore) the said
Amos Denton John Shidmore and Samuel Shidmore executors as afore-
said did lend to Richard Deane of the city of New- York distiller the
am of eleven hundred pounds, and the said Richard Deane to secure the
Kpaymenc thereof did, together with Mary his wife, on the said tenth
52
LAWS OF NEW YORK.
[Chap. 23.
Mortgige
executed
to Amo8
Deoton
and others
as execu-
tors may
be re-
corded
and be a
valid lien
as of the
date of
execution.
day of April one thousand seven hundred and seventy eight, execute a
deed of mortgage to the aforesaid executors, of certain messuages tene-
ments tracts and lots of land in the same mortgage described, and
amongst them, of all that certain messuage or tenement and lot of land
situate near the main street in the township of Jamaica aforesaid,
bounded northerly, westerly and southerly by the higways or streets
and easterly by land now or late in the tenure and occupation of James
Liwis and John Smith containing in the whole, twenty acres more or
less ; which deed of mortgage was afterwards acknowledged before
Hugh Wallace who then stiled himself one of his majesty's council for
the province of New York and recorded in the register of mortgages for
Queens county by Whitehead Hicks who then stiled himself clerk of
the said county. That sometime in the year one thousand seven hun-
dred and seventy nine, the messuage tenement and lot of land above
described was again mortgaged by the said Richard Deane and Mary
his wife to William Deane of New York brother of the said Richard
Deane for securing the payment of eight hundred pounds; and which
last mentioned deed of mortgage hath, since the establishment of civil
government in the southern district of the State, been acknowledged
and recorded in the register of mortgages for Queens county by the
present clerk of said county, and praying a law to confirm the acknowl-
edgment and recording of the first above mentioned mortgage.
Be it therefore enacted by the People of the State of New Yorky repre^
sented in Senate and Assembly, and it is hereby enacted by the authority of
the samCy That the first above mentioned deed of mortgage executed by
the said Richard Deane and Mary his wife to the said Amos Denton,
John Skidmore and Samuel Skidmore executors of the last will and tes-
tament of Thomas Denton late of Jamaica in Queens county, for secur-
ing the payment of eleven hundred pounds and dated the tenth day of
April in the year one thousand seven hundred and seventy eight, shall
immediately from and after the day the same may have been or shall be
duly acknowledged and recorded in register of mortgages for Queens
county by officers appointed under the Constitution of this State, be
deemed both in law and equity to have priority to any deed of mortgage
whatsoever of the premises or any part thereof described in the deed of
mortgage aforesaid executed by the said Richard Deane and Mary his
wife to the said Amos Denton, John Shidmore and Samuel Shidmore
executors as aforesaid, which shall or may have been duly executed by
the said Richard Deane, or by the said Richard Deane and Mary his
wife to any person or persons whatsoever, subsequent to the day of the
date of the said mortgage to the said Amos Denton, John Skidmore and
Samuel Skidmore executors as aforesaid.
CHAP. 23.
AN ACT to empower the present surveyor general to procure
the maps certificates locations surveys and returns of surveys
papers and records which are in the possession of the late sur-
veyor general of this State.
Passed the 26th of February, 1785.
Maps and Be it enacted by tJie People of the State of New York represented
surveys ' i« Senate and Assembly^ and it is hereby enacted by the authority of
geoerals the same^ That it shall and may be lawful for the late surveyor general
Chap. 24.] EIGHTH SESSION. 53
of this State, and he is hereby required to deliver to the surveyor gen- office to be
cral of this State for the time being on or before the first day of May to present
next all the papers certificates locations surveys and returns of surveys surveyor
books maps and records in his possession appertaining to the office of *®°®'^-
surveyor general of this State.
And be it further enacted by the authority aforesaid^ That the eighth A certain
section of the act entitled "An act for granting certain lands promised ^ntioMd
to be given as bounty lands bylaws of this Slate, and for other purposes ®^^^^
therein mentioned " passed nth May 1784, shall not continue in force ^^"
after the said first day of May next. Provided always^ that in case any Proviso ;
warrant of survey shall be given and a return of survey in pursuance J^Vveys to
thereof, shall not be returned to th^ late surveyor general till after the be made to
said first day of May, such return of survey shall be transmitted to the vlyor-gen-
surveyor general as soon as may be after the same shall be received by fJe^l^
ihe late surveyor general. fixed.
CHAP. 24U
AN ACT to enable the trustees of Southampton in Suffolk
county to fence up certain public roads therein mentioned.
Passed the 26th of February, 1785.
Whereas the trustees of the freeholders and commonalty of the town Preamble;
of Southampton in Suffolk county have petitioned the legislature at ^J^j'^nS-
their present meeting that they may be enabled to fence across the pub- !«» across
lie roads runing through a large tract of land known by the name of ?oad8°in
Shenicoe Plains within the township of Southampton aforesaid, and to s^nicoe
fix swinging gates at each end of the respective roads running through "^
the said plains which will prevent the expence and trouble of making
and keeping in repair a great length of fence along the main roads run-
ning through the said Plains.
Re it enacted by the People of the State of New York represented '^tm^aw
in Senate and Assembly^ and it is hereby enacted by the authority ^2m^n*"
of the same. That it shall and may be lawful for the trustees of the free- Riven dis-
holders and commonalty of the town of Southampton aforesaid for the flSdng.^
time being, from time to time whenever they shall deem it necessary, to
enclose within fence the said tract of land or plains at such place or ■
places as they shall deem most convenient : Proznded always that the Proviso;
said trustees shall keep and maintain or cause to be kept and main- fln^n'oe^of
tained on every public road running through the land so to be inclosed *^''Jr^*°*
in fence as aforesaid one or more . good and sufficient swinging gate or **
gates as may be necessary, as well for the conveniency of the inhabi-
tants of the said town as for travellers.
And be it further enacted by the authority aforesaid^ That whoever Penalty
shall at any time cut break or otherwise injure such fence or fences when J^*^*©"**
so put up as aforesaid,* or stake or otherwise leave open, fasten up or jai«» o""
injure any or either of such gates when put up and provided as afore- how recov
said, shall for each and every such offence forfeit and pay a sum not J^uSd!*
exceeding five pounds, to be recovered with costs before any justice
of the peace of the said county; one moiety of which forfeiture shall be
paid to the overseers of the poor in the said town, to be applied to the
benefit of the poor in the said town, and the other moiety to the person
vho shall sue for and recover the same.
54 LAWS OF NEW YORK. [Chap. 26.
CHAP. 25.
AN ACT to carry into effect the act of congress of the nth of
February 1785, providing for the settlement of accounts with
the Indian officers therein named.
Passed the 3rd of March, 1785.
Preamble; Whereas the United States in congress assembled by their act of
oTccm-^^" the eleventh of February one thousand seven hundred and eighty-five
K^eM^ro- did recommend in the words following, to wit — '^Resolved that it be and
aocounw it is hereby recommended to the State of New York to settle with Cap-
indiaii*^" tains Hamjury Tewahangahkan, John Otaawighton, James Wakanran-
officers. tharaw, and Leutenants Nicholas Kayhuatsho, Cornelius Rahiktotow^
Cornelius Okonista Indians of the Oneidas and Tuscarora Nations late
officers in the service of the United States, and pay their accounts in
like manner as other officers in the line of the said State. Therefore
Auditor to Be it enacted by the People of the State of New York represented in
account^ Senate and Assembly^ and it is hereby enacted by the authority of the same^
referred That the auditors appointed to liquidate and settle the accounts of the
troops of this State in the service of the United States be and hereby
are authorized and required to audit the accounts of and grant certifi-
cates to, the said Indian officers, for the depreciation of their pay in like
manner as the officers in the line of their State have been settled with.
Id. ; man- And be it further enacted by the authority aforesaid. That the said
tung t»?l auditors be and hereby are authorized and required to grant to the said
accounu. Indian officers for their pay of the three last months of the year 1780
and the whole of the year 1781, the like certificates as have been granted
to the troops of this State in the service of the United States for their
pay of the said year 1781. And that the treasurer of this State be^
and hereby is directed to pay the said several Indian officers their pay
for the months of August and September in the said year 1780.
CHAP. 26.
AN ACT to empower Elizabeth Debeavois widow, and Johannis
E. Lott and John Vanderbilt Esquires administrators to the
estate of Joost Debeavois deceased, to sell and dispose of eight
acres of land of the real estate gf the said Joost Debeavois for
the payment of his debts and other purposes.
Passed the 7th of March, 1785.
Preamble; WHEREAS it is represented to this legislature, that Joost Debeavois
jooi?De- ^^^^ ^^ ^^ about the month of August, one thousand, seven hundred and
beavois, eighty-one, leaving issue who are at present minors, and that he the
deceased. ^^^^ joost at the time of his death was indebted to sundry persons on
specialty, which debts for want of sufficient goods and chattels remain
still due and unpaid, and it is conceived to be most beneficial for the^
widow and children of the said Joost, that the debts due from the said
estate, and the interest accrued thereon should be immediately dis«
charged and paid.
Chap. 27.] EIGHTH SESSION. 65
Be it therefore enacted by the People of the State of New York, repre- Estate
untedin Senate and Assembly^ and it is hereby enacted by the authority of the ST^is^
same^ That Elizabeth Debeavois widow, and Johannis E. Lott, and John J"^" ^o'
Vanderbilt Esquires, who have in due form of law, administered upon m^"'"
the estate of the said intestate, and their heirs and assigns, for the pur- ^1^?^
pose of paying and discharging the said debts, shall immediately be, tioned.
and hereby are vested in fee simple, of and in eight acres of land at
the most easterly end of the farm in the township of Broekelen in
Kings county, which on a division of the estate of Jacobus Debeavois
deceased, fell to the share or dividend of the said Joost Debeavois
deceased; which said eight acres of land are bounded, southerly by the
road which leads from Broekelen Ferry to Jamaica, westerly by land of
John R. Covenhoven, and northwardly by other part of the land which
on a division of the estate of the said Jacobus Debeavois deceased fell
to the share of the said Joost Debeavois deceased, and that it shall and
may be lawful, to and for the said Elizabeth Debeavois, Johannis E.
Lott and John Vanderbilt and the survivors and survivor of them, and
the heirs of such survivor, to sell and dispose of all the said eight acres
of land, and with the monies to arise from such sale or sales, to pay off
and discharge the debts which were due from the said Joost Debeavois
the intestate, at the time of his decease, in the order which the law pre-
scribes, and the overplus money, if any there shall be, to put out at
interest for the use and benefit of the wife and children of the said
Joost, and to appropriate and apply the principle and interest as the
law directs.
And be it further encuted by the authority aforesaid^ That the said Admlnia-
administrators shall, previous to their selling or disposing of any part SlSboudin
of the said eight acres of land, file in the court of chancery, a bond to chaooery.
the register, or one of the clerks of the court, in • such penalty as the
chancellor shall think fit with a condition that they the said administra-
tors shall, well and faithfully discharge the trust and powers, in them by
this act vested, and render a just and true account of the monies that
shall arise by the sale of the said eight acres of land, and the adminis-
tration thereof thereunto lawfully required.
And be it further enacted by the authority aforesaid^ That nothing in This Mfe
this act contained, shall be construed, to debar the widow of the said 2ffec?
Joost Debeavois, of or from her right of dower in the lands tenements ^^^
and real estate of the said Joost Debeavois above mentioned. wfdow.^
CHAP. 27.
AN ACT for making process in courts of equity effectual against
mortgagors who abscond, and cannot be served therewith or
who refuse to appear.
Passed the 7th of March, 1785.
Be it enacted by the People of the State of Ne7V York represented Mode of
« Senate and Assembly^ and it is hereby enacted by the authority of the RJ" morti"
*ww. That if any suit hereafter to be commenced by a mortgagee in Jfw cases,
any court of equity against any mortgagor, against whom a subpoena or vicrcan-'"
other process shall issue, such mortgagor shall not cause his her or their SJ*^^®on
appearance to be entered upon such process in such a maimer as accord- mortgagor,
ing to the rules of the court the same ought to have been entered in
case such process had been duly served; and an affidavit shall be made
56 LAWS OF NEW YORK. [Chap. 27.
to the satisfaction of such court that such mortgagor is withdrawn out
of this State, or cannot upon due inquiry, be found within the same so
as to be served with such process ; that in such case, the court out of
which such process issued may make an order, directing such mortgagor
to appear at a certain day therein named; a copy of which shall within
twenty days be inserted in at least two of the public news papers printed
in this State for the term of eight weeks,- and if such mortgagor do not
appear within the time limited by such order, or within such further
time as the court shall appoint; then on proof made of the publication
of such order in manner aforesaid, the court being satisfied of the truth
thereof, may order the plaintiffs bill to be taken pro confesso, and there-
upon decree a sale of the mortgaged premises, or only part or parts
thereof as to the said court shall seem just and right
Mortffa^ed Be it further enacted by the authority aforesaid^ That before any decree
^iS ap^ shall be made on such bill, the court shall cause the mortgaged premi-
p«^»«d ses to be appraised on oath by two indifferent persons to be appointed
^the by the court, that the value of the same may be known to the court as
^eriir, nearly as may be before the decree be made; and upon such decree for
the sale of the mortgaged premises, or such part thereof as shall be
thought sufficient to discharge the debf'due to such mortgagee, to-
gether with his costs, a writ shall be issued from such court to the
sheriff of the county where such mortgagisd premises lie, commanding
him to make sale of the lands decreed to be sold, at public vendue, and
to return the monies arising by the sales into court at a day to be men-
tioned in the same writ, not less than three months after the teste, and
the day on which such writ issued: and the said sheriff shall thereupon,
cause an advertisement or notice of the intended sale of such lands, to
be inserted in one or more of the public news papers, printed in this
State, and continue the same in the said paper or papers weekly for six
weeks before the day to be by him appointed for the sale of the same,
and at the day so by him notified, shall proceed to sell the same to the
highest bidder, and shall execute deeds for the same to the purchaser,
in such manner as the case may require; and such deeds shall be of the
same validity, and as beneficial to the purchaser, as if such deed had
been executed by the mortgagee and mortgagor, and shall be judged an
HoDies intire bar against them and each of them, and their and each of their
8iae*°fow heirs, both in law and equity; and the monies arising by the sale of the
applied, said mortgaged premises, shall be applied to pay of and discharge the
debt due to such mortgagee, with such costs as the court shall award,
and the remainder, if any be, shall be put at interest, on such security
as the said court shall think sufficient, and the same shall be paid to the
mortgagor or mortgagors or his her or their executors administrators or
assigns upon his or their application to the court for the same, prcvided
Proviao, as always that no greater estate in the premises sold, shall at any time be
to be^n- granted or conveyed by the sherif to such purchaser than would have
veyed by vested in the mortgagee, had the equity of redemption been duly for-
'^^'*"- closed. ' Provided also
Proceed. And be it enacted by the authority aforesaid^ That if the mortgagor or
mortgS?or mortgagors shall at any time before the sale made by the sheriff In put-
apoears suance of such writ issued to him as aforesaid, cause his appearance to
time'of be duly entered in such court, and shall pay such costs to the mortgagee
•**®- or mortgagees as the said court shall think reasonable, that then a super-
sedeas shall issue from the said court, directed to the sheriff to stay
his proceeding to the sale of such mortgaged premises ; and upon such
appearance being entered, such proceedings shall and may be there-
upon had, as if an appearance had been entered within such time and
Chap. 28.J EIGHTH SESSION. 57
ID such manner, as, according to the rules of the court the same ought
to have been entered, in case the first process in the suit had been
duly served-
And be it further enacted by the authority aforesaid^ That in all cases Mortgagor
in which as aforesaid, a decree for the sale of the mortgaged premises SSrtgagee
shall be made, and the mortgagee or mortgagees shall be paid the'orao-
money alledged by him her or them to be due as above directed, that it Sfithin '
shall and may be lawfull for any such mortgagor or mortgagors, within SJJ^
the space of seven years, from the time of the sale of such mortgaged
premises, if he she or they find himself herself or themselves agrieved,
and that the mortgagee or mortgagees hath received more rponey than
was due to him her or them on the mortgage, to file his her or their bill
in the said court against such mortgagee or mortgagees to compel him
her or them to account with, and setde what was really, and truly the
sum due to such mortgagee or mortgagees at the time of the sale of the
mortgaged premises, and to refund and repay to him her or them what
shall be found such mortgagee or mortgagees hath been overpaid,
together with interest from the time of such payment made, with costs
of suit; the former decree for the sale of the mortgaged premises not-
withstanding.
And be it further enacted by the authority aforesaid^ That if any Where
mortgagor or mortgagors by virtue of any writ of habeas corpus, or JSce of
other process issuing out of any court of equity shall be brought into mortgagor
court and shall refuse to cause an appearance to be entered according ^Ured by
to the rules of the court such court shall and may appoint a clerk in ^^e wuru
court or attorney of such court to enter such mortgagors appearance,
and such proceedings may be thereupon had in the cailse, as if the
party had actually appeared.
And be it further enacted by the aut/iority aforesaid^ That all and ThU Mt
smgular the provisions in this act shall be, and hereby are extended to to com-
the several and respective commissioners of forfeitures, appointed in pur- ^^^ff^^
suance of an act entitled " An act for the speedy sale of the confiscated feituree in
and forfeited estates within this State, and for other purposes therein 5?^|J^
mentioned " passed 12th of May 1784, within the several districts in this mortgage!*
State, in all cases where any mortgagee or mortgagees shall have been taSited.
attainted or convicted, and whose estate real and personal by such
attainder or conviction has become forfeited to the people of this State,
and also to the legal representative and representatives of every mort-
gagee or mortgagees and mortgagor, or mortgagors.
CHAP. 28.
AN ACT to ailthorize the United States in congress assembled,
to appoint commissioners to complete the running a certain
line of jurisdiction therein mentioned between this State and
the Commonwealth of Massachusetts.
Passed the yih of March, 1785
Whereas an agreement was made and entered into, on the eigh- Preamble.
tcenth day of May in the year of our Lord one thousand seven hun-
dred and seventy-three, between commissioners appointed by an act of
the legislature of the late colony of New York, and commissioners
Vol. 2.-8.
68
LAWS OF NEW YORK.
[Chap. 28,
Agree-
meot be-
tween the
Provinces
of New
York and
Massa-
chusetts
Bay.
Agree-
ment ap-
proved by
the gover-
nors of
the Prov-
inces.
Dtssgree-
ment in
running
out the
boundary
line.
appointed by an act of the legislature of the late colony of the Massa-
chusetts Bay, which agreement is in the words following, to wit,
" This agreement indented, made the eighteenth day of May, in the
thirteenth year of the reign of his most gracious majesty George the
third king of Great Britain France and Ireland, defender of the Faith
&c. and in the year of our Lord one thousand seven hundred and
seventy-three, between John Watts, William Smith, Robert R. Living-
ston and William Nicoll Esquires, duly authorized to make such agree-
ment by virtue of a law of the province of New York of the one part;
and William Brattle, Joseph Hawley, and John Hancock Esquires,
thereunto also duly authorized by virtue of a law of the province of
Massachusetts Bay of the other part ; witnesseth that the commissaries
aforesaid, being met at Hartford, in the colony of Connecticut, for the
settlement of a partition line of jurisdiction between the said provinces
of New York and the Massachusetts Bay, on the easterly part of the said
province of New York, and from the south to the north boundaries of
the said Massachusetts Bay, in pursuance of the said laws, and certain
commissions, respectively issued to the commissaries abovenamed, by the
governors of the provinces aforesaid; and. in compliance with the royal
recommendation heretofore signified to Sir Henry Moore Baronet, and
Francis Bernard Esq. the then governors of the said provinces, by
letters from the right honorable the Earle of Shelbume late one of his
majesty*s principle secretaries of State; and after having had divers
conferences, relative to the aforesaid boundary of the said provinces,
they the said commissaries do thereupon unanimously agree, that the
following line, that is to say. A line beginning at a place fixed upon
by the two governments of New York and Connecticut, in, or about
the year of our Lord one thousand seven hundred and thirty-one, for
the north west corner of a tract of land commonly called the Oblong
or Equivalent land, and running from the said corner north twenty-one
degrees ten minutes and thirty seconds east as the magnet needle now
points, to the north line of the Massachusetts Bay, shall at all times
hereafter, be the line of jusisdiction between the said province of the
Massachusetts Bay, and the said province of New York, in all and every
part and place where the said province of New York on its eastern
boundary, shall adjoin on the said province of the Massachusetts Bay —
In testimony whereof the commissaries aforesaid have hereunto set their
hands and seals the day and year first abovementioned."
A/td whereas the governors of the said colonies of New York and
Massachusetts Bay by an instrument in writing under their hands and
seals respectively, bearing date the eighteenth day of May in the year
one thousand seven hundred and seventy- three, signified their approba-
tion of the said agreement, which said instrument is in the words fol-
lowing, to wit,
" We the governors of the provinces aforesaid, having been present
at the execution of the agreement aforesaid, in testimony of our con-
sent thereto, and of our approbation thereof, have hereunto set our
hands and seals at Hartford aforesaid, this eighteenth day of May in
the year of our Lord one thousand seven hundred and seventy-three,
and the thirteenth year of his majesties reign."
And whereas since the settlement of the said jurisdiction line in man-
ner aforesaid, commissioners and surveyors have been twice appointed
on the part of the said State of New York and commonwealth of Mass-
achusetts respectively, to run and work the said line, pursuant to the
said articles of agreement, and altho such commissioners in both
instances proceeded in part to run the said line, yet they could not
Chap. 28.] EIGHTH SESSION. 59
agree so as to complete the same. And whereas the borderers on the NeofMssity
said line, now suffer great inconveniences and injustice by being exposed fo/rosl-
10 taxation under the authority of both governments, and a regard to ^^J^,^
their security and the public tranquillity require that some adequate puted ter-
remedy should be provided. ritory.
Be it enacted by the People of the State of Ne7v York represented in OoDgreM
Senate and Assembly, and it is hereby enacted by the authority of the same, to appoi^
That it shall and may be lawful to and for the United States of America commis-
in congress assembled, and th^ are herieby fully authorized to appoint, 5ii?k'the*
three skilful judicious and disinterested persons as commissioners to ^n^^*"*^
run out, survey mark and ascertain the said line of jurisdiction between
this State and the said commonwealth of Massachusetts, according to
the true intent and meaning of the articles of agreement herein before
recited.
And be it further enacted by the authority aforesaid. That the lines so Line so
to be run marked and ascertained by the said commissioners or any two JlJ^r »-'*^'^
of them according to the true intent and meaning of the said articles of main the
agreement shall be and forever hereafter remain a jurisdiction or boun- SSJ?^"^
dary line as far as the same shall extend between the commonwealth of
Massachusetts and this State. Provided always that the commissioners
so to be appointed, shall, before before* they proceed upon the execu- Proviso ;
tion of their trust, be respectively sworn in the presence of a magis- JJcommit-
trate, to perform the same, faithfully and impartially according to the sionere.
best of their skill and judgment, and shall within two years from the
passing of this act, complete the said survey and make a true and exact
return thereof into the secretaries office of the United States in Con-
gress assembled, in order to be there filed as a perpetual evidence of
the said jurisdiction line — Provided also, that the legislature of the Provi*o;afr
commonwealth of Massachusetts shall consent to such appointment of *^ Mas^^
'commissioners; and shall within nine months from the [publication of chusetta.
this act, pass a law for vesting the United States in congress assembled
with similar powers and authorities, as are vested in them, in, and by
this act
And be it further enacted by the authority aforesaid, That the gover- Governor
nor or person administring the government of this State for the time JJpJJJ^^
being, shall be, and is hereby authorized to nominate and appoint one attend
or more person or persons, to furnish the said commissioners which SkmS^^n
shall.be appointed by congress to run the said jurisdiction line, with the ^^*i' °'
necessary documents and papers relative to the said line, and to dis-
burse and pay from time to time the one half of the expences attending
the survey, as well as to pay the said commissioners for the one moiety
of their services. And the person or persons so nominated and ap- Person so
pointed as aforesaid, or any one or more of them is and are hereby JlSl,™i^e^-
aathorized to draw upon and receive from the treasurer of this State a vanoes
sum not exceeding five hundred pounds for the purpose aforesaid, and ^^r!*'^*^
for which they shall be accountable to this State.
♦ So in original.
€0
LAWS OF NEW YORK.
[Chap. 29.
CHAP. 29.
Preamble;
Pennsyl-
vania
boundary
line,
former
i^iuniDg
out of.
€omral8-
stoner on
the part of
Pennsyl-
vaoia.
Former •
f»rooeed-
n(?8, how
far boun-
dary line
run out.
€ommlB-
sioners to
be ap-
pointed by
^vernor
tooom-
plete the
ruDDinff
out of the
boundary
iine.
AN ACT for running out and marking the jurisdiction line
between this State and the Commonwealth of Pensylvania.
Passed the 7th of March, 1785.
Whereas the Honorable Cadwallad^r Colden Esquire, leutenant
governor of the late Colony now State of New York, with the advice
of the then council did on the eighth day of November one thousand
seven hundred and seventy-four, nominate and appoint Samuel Holland
Esquire to proceed in conjunction with Mr. David Rittenhouse, or such
other person as might be appointed on the part of Pensylvania, to fix
the beginning of the forty-third degree of north lattitude on the Mohawk
or western branch of Delaware, and to proceed westward as far as the
season should permit along the beginning of the said degree which is
the boundary between this State and the State of Pensylvania.
And whereas the Honorable John Penn Esq-uire late governor of the
late Colony now Commonwealth of Pensylvania did on the twenty-fourth
day of October in the year aforesaid, nominate and appoint the said
David Rittenhouse to proceed on the like service in conjunction with the
said Samuel Holland or such other person as should be appointed on
the part of the then Colony now State of New York.
And whereas the said Samuel Holland and David Rittenhouse did,
in pursuance of their said respective appointments, proceed on the said
business, and made a return thereof under their hands, bearing date at
Philadelphia the fourteenth day of December in the same year, by
which return it appears, that the said commissioners ascertained and
fixed the beginning of the forty-third degree of north lattitude on the
Mohawk or western branch of Delaware, and there in a small island
planted a stone with letters | ^ew-york )
top Lat. 42? Var. 4? 20'. thence due west on the west side of Dela-
ware river they collected a heap of stones at high water mark, and in
the said west line four perches distant planted another stone with the
letters -J >• cut on the south side, and on the top Lat.
42? Var. 4? 2o'.and from thence due west eighteen perches, marked an
ash tree; and that the rigour of the season prevented them from pro-
ceeding further, as by the report of the said commissioners, filed with a
map annexed thereto and filed of record in the secretarys office of this
State will more fully appear.
* And wJiereas it is necessary the said line should be run out marked
and ascertained.
Therefore be it enacted by the People of the State of New York repre-
sented in Senate and Assembly^ and it is hereby enacted by the authority of
the samey That the person administring the government of this State
for the time being by and with the advice and consent of the council of
appointment, shall fortwith after the passing of this act, appoint and
commission under the great seal of this State three commissioners, that
the said commissioners or any two of them are hereby authorized on
the part of this State, to meet with such person or persons who may be
appointed and authorized on the part of the Commonwealth of Pensyl-
vania, at such time or times, place or places as shall be agreed upon,
and determined by the persons administering the government of this
cut on one side, and on the
Chap. 30.] EIGHTH SESSION, 61
State for the time being and the Commonwealth of Pensylvania then
and there to run out, mark and ascertain the said line of jurisdiction
between this State and the Commonwealth of Pensylvania beginning
at the place so fixed and ascertained by the said commissioners as above
mentioned, in the Mohawk or western branch of Delaware at the begin-
ning of the forty-third degree of north lattitude, and from thence to
proceed westward along the beginning of the said forty-third degree of
north lattitude, as far as this State and the said Commonwealth of Pen-
sylvania border on each other —
And be it enacted by the authority aforesaid^ That the said comniis- Commis^
sioners or any two of them be and they are hereby authorized and ira- may*^-
powered to employ a surveyor or surveyors, chainbearers and such and P'°y »"*■-
so many other persons as may be found necessary to perform the exec- ^®^^"*
utive part in running, marking and ascertaining the said line in con-
junction with such person or persons as may be appointed on the part
of the Commonwealth of Pensylvania for that purpose ; and such line
so agreed upon, approved of, and consented to, by the said commis- Such line*
sioners or any two of them and such person or persons as shall be ap- Jed^byiwr-
pointed by and on the part of the Commonwealth of Pensylvania, being isiatureof
reported to the persons administering the government of this State and tire sSEcS^
the Commonwealth of Pensylvania for the time being, and ratified and t^iiSiSfoii
confirmed by the legislature of this State and the legislature of the line.
Commonwealth of Pensylvania, shall hereafter be the line of jurisdic-
tion between this State and the Commonwealth of Pensylvania.
And be it enacted by the authority aforesaid^ That the said commis- Commte-
sioners or any two of them be, and they are hereby authorized from may^re^
time to time to draw upon the treasurer of this State for such sums of <^«*v® *d-
money as they shall judge necessary for defraying the expences of run- fromtreaa-
ning out marking and ascertaining the said jurisdiction line, on the 2xp«noe».
part of this State, not exceeding in the whole the sum of one thousand
pounds, for which they are to be accountable.
CHAP. 30.
AN ACT for the relief of the collectors of the tax therein men-
tioned.
Passed the loih of March, 1785.
Be it enacted by the People of the 'State of Neuf York^ represented Suits
in Senate and Assembly^ and it is hereby enacted by the authority of the JSuSJow
vmey That all suits and proceedings against any collector, for neg-fomept-
lect of duty, in collecting and paying the tax to be raised and levied dutyun-
bjr virtue of an act entitled "An act for raising one hundred thousand ^cu? soS^
pounds within the several counties therein mentioned," made and peSed
passed on the sixth day of May 1784. And another act entitled, "An i«hV'^^'**
act to compel the payment of the arrears of taxes, for enforcing the pay-
ment of fines and amerciaments, obliging sherifs to give security for the
dne execution of their offices and for other purposes " made and passed
on the twenty-sixth day of November in the same year, shall be and
hereby are suspended until the fifteenth day of April next, and such of
the collectors respectively, as shall on or before the said fifteenth day of
April, well and faithfully perform and execute the duties which accord-
ing to the true intent and meaning of the said act, they ought to have
62 LAWS OF NEW YORK. [Chap. 31.
done and performed on or before the first day of the present month
of March, shall be, and hereby are fully and effectually indemnified
Proviso; for any and every such neglect or omission. Provided always^ that
coUeotore ^y^^ collectors respectively who have been prosecuted by virtue of the
<»8t8. said acts or either of them shall be subject to the payment of the costs
of suit heretofore accrued against each of them respectively.
Collectors And be it further enacted by the authority aforesaid^ That the said
to com-**^ several collectors be and they hereby are authorized and empowered to
plete the levy and collect the said tax, in like manner as is directed in and by
of taxes." the said acts, notwithstanding the time in which the same ought to have
been levyed and collected, is expired.
CHAP. 31.
AN ACT for the preservation of deer heath-hens and to prevent
damages by firing the woods in the county of Suffolk.
Passed the xith of March, 1785.
Deer, not WHEREAS many deer in the county of Suffolk are killed in seasons
killed dup- ^^^^ ^^^y ^^^ ^^ ^"^ \\.\.'CiQ value
iii« certain Be it enacted by the People of the State of New York represented in
Se'yiwfn' Senate and Assembly and it is hereby enacted by the authority of the same
penalty.' That if any person or persons after the passing of this act shall kill or
destroy any wild deer of any kind whether buck doe or fawn in the
county aforesaid at any time of the year except in the months of Septem-
ber October and November every such person or persons so offending
shall forfeit and pay the sum of five pounds with costs of suit for every
such deer so killed or destroyed as aforesaid the one half of which for-
feiture shall be paid to him or her who shall inform and sue for the
same before any justice of the peace of the county aforesaid who is
hereby empowered and required to hear and determine the same and
to convict the offender or offenders by the oath or affirmation of one or
more credible witness or witnesses provided that such conviction be
made within three months after such offence is committed, and the
other half to the overseers of the poor of the town or precinct where
the said offence shall b^ committed and for want of effects to discharge
the said penalty and costs such offender shall be committed to the com-
mon goal of the county aforesaid for the space of three months if not
sooner discharged by paying thd said penalty and costs.
Where And for the better convicting offenders against this act. Be it enacted
skins M^' ^ ^^ <ar«/^/7'(y aforesaid That every person in whose custody shall be
venisons found or who shall expose to sale any green deer skin or skins or fresh
sesror***^^ venison at any time except in the months aforesaid and shall be con-
madeiia- victed thereof by the oath or affirmation of one or more credible
penalty, witness or witnesses or by the confession of the party shall be liable to
tnc penalty and costs aforesaid and to be recovered in manner and form
aforesaid.
Justices to And be it further enacted by the authority aforesaid That any con-
nrntet?"^* Stable being authorized by a warrant from a justice of the peace under
oonstabies his hand and seal, upon oath or affirmation previously made, shall and
fo/sklns "^^y ^^ ^^y ^i"^^ except in the months aforementioned and is hereby
and ven- required in the day time to enter into and search the house or houses or
other places belonging to such suspected persons as shall be mentioned
Chap. 31.] EIGHTH SESSION. 63
in the said oath or affirmation and warrant and in case any green deer skin
or skins or fresh venison shall there be found such officer shall appre-
hend the offender and carry him before a justice of the peace in the
said county which said offender shall be convicted by the said justice
of such offence and who on such conviction shall be subject to the
forfeiture hereby inflicted for killing of any deer in the same manner as
if thereof convicted as aforesaid unless the said person in whose cus-
tody the said deer skin or skins or fresh venison shall be found shall
offer satisfactory evidence of his innocence to the said justice.
Be itfurthtr enacted by the authority aforesaid that it shall be no legal Juror may
objection or disqualification against any freeholder or inhabitant in the thoug't
said county otherwise lawfully qualified as a juror or witness to serve .peoAty
on any jury or give evidence in any suit or suits that shall be brought to treaS-
by virtue of this act notwithstanding the one half of the forfeitures are ^qJ' j^
made payable to the county treasurer and to be disposed of by the which he
supervisors as aforesaid. resides.
And whereas many inhabitants in the county of Suffolk are liable to
suffer damage by careless or designing persons setting fire to the
woods.
Be it therefore enacted by the authority aforesaid That if any person or Woods,
persons after the passing of this act shall wilfully set fire to the woods luffoik' *"
in any part of the county aforesaid and thereof be convicted before any county,
justice of the peace in the said county every such person or persons for K°* '^
every offence shall forfeit and pay the sum of five pounds and be liable
to all such damages as may be sustained by any inhabitant or inhabi-
tants of said county by means thereof and for want of effects to pay
such fine the offender or offenders shall be committed to the common
goal of the said county for the space of three months unless the said
fine and costs be sooner paid the one half of which fine shall be paid
to the person who shall sue for the same and the other half to the over-
seers of the poor of such town or precinct where the offence was com-
mitted for the relief of the poor of such town or precinct. Provided 'ProySwii
oimys and be it further enacted by the authority aforesaid That neither mS^flre
this act nor any thing therein contained shall be taken or construed to JJ^^^gTHlt-
prevent any person from firing the woods upon his or her own land bie if lire
provided such person do not suffer the fire to get off the same so as to "p^®*^
endanger the woods of any other person upon pain and penalty of the
forfeiture and damages afore3aidy which forfeiture shall be recovered
and applied in maftiner and form last aforesaid..
And be it further eruuted by the authority aforesaid That if any person Heath-
or persons in the county aforesaid shall between the first day of April ^ Se^ufed
and the first day of October in any year kill or destroy any heath-hen ^^^ ^^
wch person or persons shall for every such offience forfeit and pay the sons^
sum of ten shillings to be recovered and applied in the same manner as J|^^^^' ,
the forfeitures for killing of deer are by this act directed to be recov-
ered and applied; and that if any heath-hen so so* killed shall be found
in the possession of any person or persons such person or persons
shaD be deemed guilty of the offence aforesaid and suffer the penalty
aforesaid. f
* So in original
64
LAWS OF NEW YORK.
[Chap. 33.
Persons
named to
cancel and
destroy
certain
bills of
credit of
this State.
To report
to letflslap
ture.
Compen-
sation.
CHAP. 32.
AN ACT for cancelling the bills of credit therein mentioned.
Passed the 12th of March, 1785.'
Be it enacted by the People of the State of New York represented in
Senate and Assembly^ and it is hereby enacted by the authority of the same
That Peter Van Brugh Livingston and Henry Remsen Equires and the
treasurer of the State or any two of them, who before they proceed to
discharge the duties required of them by this act shall respectively take
an oath well and truly to perform the same, be and they hereby are
appointed commissioners to cancel and destroy all the paper bills of
credit emitted under the authority of this State while a colony and the
bills of credit emitted by the provincial congress, of this State, and the
bills of credit emitted by the convention of this State, and also the bills
of credit emitted agreeable to an act entitled " An act for emitting
monies upon the credit of this State," passed 27th March 1781, that are
in the treasury of the State; and that the said commissioners do make
a report in writing by them subscribed to the legislature at their next
meeting of the number amount and denomination of such bills of credit
by them cancelled and destroyed; for which service they shall respec-
tively be allowed sixteen shillings per day while employed therein, to
be paid by the treasurer of the State agreeable to such accounts thereof
as shall be produced to him audited by the auditor of this State.
Oommts-
sioners of
sequestra-
tion indem*
nifled for
acts done.
Proviso;
as to suits
for waste.
CHAP. 33.
AN ACT for the indemnification of the commissioners of seques-
tration and the commissioners of forfeiture, and the lessees
under them ; and for other purposes therein mentioned.
Passed the 14th of March, 1785.
Be it enacted by the People of the State of New York, represented in
Senate and Assembly, and it is hereby enacted by the authority of the same,
' That the late commissioners of sequestration within the several counties
of this State, shall be and and they are hereby declared to be indemni-
fied for all and every le&se and leases, made or given by them, of lands
and tenements the property of persons, who at any time during the late
war, had gone over tO| remained with or joined the enemy: And that no
suit or suits already brought, shall be maintained, or hereafter^ com-
menced against the said commissioners of sequestration, or against any
person or persons holding under them, by any person or persons claim-
ing property in or to such lands and tenements: And such indemnifica-
tion shall also be and hereby is extended to the commissioners of for-
feitures for the several districts of this State apd the lessees under
them. Provided always, that nothing herein contaii^ed shall be con-
strued to bar or preclude any suit or suits, which may be brought for
the recovery of damages sustained by wanton and unnecessary waste
and destruction.
And whereas certain lands, tenements and hereditaments, forfeited to
the people of this State, are so circumstanced that they cannot be
speedily sold, and no authority is vested in the commissioners of forfei-
tures, to demise the same after the first day of May next.
Cha?. 34. J EIGHTH SESSION. 65
Be it therefore enacted by the authority aforesaid^ That the commis- Comrois-
aoncTS of forfeitures for the several districts of this State, shall be and fJS.f|i" ®'
hereby are authorized to demise such lands tenements and heredita- uresmay
ments for any term not exceeding one year after the first day of May lamianot
next
sold.
CHAP. 34.
AN ACT to explain and amend an act entitled "An act impos*
ing duties on certain goods wares and merchandize imported
into this State," passed i8th November 1784.
Passed the 15th of March, 1785.
Whereas doubt has arisen on the first section of the before men- Preambl«;
tioned act whether the like duty on every gallon of rum brandy or other J!^artin«
distilled spiritous liquors imported into this State in foreign vessels consinio-
(cxcept British) should be collected and paid, as by the said act are cuSonm
imposed on the like articles imported by citizens of this or of any of the •<^«
United States,
Be it enacted by the People of the State of New York represented in Rum. eto^
Senate and Assembly^ and it is hereby enacted by the authority of the same, {^^^wSa
that every gallon of rum brandy or other distilled spiritous liquors «Jhor than
brought into this State in any foreign vessel (except British) shall be duty on.
subject to the like duties as by the said act are imposed on rum brandy
or other distilled spiritous liquors imported by citizens of this or any
of the United States.
And whereas the importation of goods into this State, in vessels built
therein and owned by citizens thereof ought to be encouraged
Be it enacted by the authority of oresaid. That from and after the first British
day of July next, all goods wares and merchandize subject to a duty by "^J^^ i^.
the first section of the act entitled "An act imposing duties on goods ported to,
wares and merchandize imported into this Stale,** passed i8th Novem- doubfe
ber 1 784 which shall be brought in any British ship or vessel, or in any <*"'y*
ship or vessel owned in the whole or in part by any British subject or
subjects, arriving at or coming into any of the ports or harbours of this
State with or without British registers, shall be subject to double the
duties laid on goods wares and merchandize imported in any other ship
or vessel.
And be it enacted by the authority aforesaid^ That from and aftet Pewter
the first day of July next, all pewter hallow ware which shall be im- ^^J^
ported or brought into this State shall be subject to a duty of five per duty on.
cent, except the same shall be brought in any British ship or vessel
aforesaid, m which case, such pewter hallow ware shall be subject to a
duty of ten per cent, to be collected in the mode prescribed in and by
the act above mentioned.
And be it enacted by authority aforesaid^ That every set of harness Hamefle,
for two horses which shall be imported into this State from beyond sea, ^"'^ ^^
shall be subject to a duty of five pounds, and every harness for a single
horse to a duty of two pounds ten shillings to be collected in manner
aforesaid.
And be it further encuted by the authority aforesaid^ That all ships or Foreign
other vessels which shall hereafter be built in this State by or for any ?^|^with
foreigner, and rigged with cordage of the growth and manufacture of ^^'^^^^
any of the United States shall be entitled to the same priviledges as if be eUmed^
Vol. 2. — 9.
66 LAWS OF NEW YORK. [Chap. 35.
asAmeH- owned by citizens of this or any of the United States, on proof being
oftD 8b p«. jj^^^Q ^Q ji^g satisfaction of the collector of the customs, and that no
higher or other duties or fees shall be paid on the goods wares and
merchandize brought into this State in such ships or vessels, than is
paid bv the citizens of this or any of the United States.
Goods im- Ana be it enacted by the authority aforesaidy That from and after the
From oer- first day of July next, all goods wares and merchandize other than the
ofto(?**'** produce and manufacture of any of the United States, imported into
Union, this State from the States of Rhode Island, Connecticut, New Jersey
rtM^ung ^J^d Pensylvania shall be subject to the like duties as are by this act
duly on. imposed on all goods wares and merchandize imported into this State
after the said first day of July, in any British ship or vessel, or any ship
or vessel owned by any British subject or subjects, unless it shall be
proved to the satisfaction of the collector, that such goods wares and
merchandize were not brought into either of the said States in any
British ship or vessel, or any ship or vessel owned in the whole or in
part by any British subject or subjects.
P^2^ y^ And be it further enacted by the authority aforesaid^ That when any
fore duty goods wares or merchandize shall be landed, put on shore or removed
JJJj^^^ from on board of any ship or vessel by any merchant factor or other
■old. person or persons, before he or they shall have duly entred the same
with the collector, such goods wares or merchandize shall be subject to
be seized by the surveyor and searcher, the respective tide waiters,
guagers and weighmasters of the customs, who are respectively hereby
authorized and required to seize the same; and that the same shall and
may be proceeded against, and disposed of in the manner directed in
and by the said act entitled ''An act imposing duties on certain goods
wares and merchandize imported into this State."
FroTiio; Provided That it shall not be lawful for any of the persons aforesaid,
Kfmade^ to seize any goods wares and merchandize subject to seizure after the
waxrant same shall have been landed and stored, unless by a warrant first had
and obtained for that purpose as in and by the said act directed: And
\A^\y^vt^ provided also, that this clause shall not be construed to extend to any
d?7en goods wares or merchandize imported in any ship or vessel driven
bydistr^ into port by distress as mentioned in the twenty-ninth section of the
act aforesaid.
CHAP. 35.
AN ACT to prevent the exportation of unmerchantable flour,
and the false tareing of bread and flour casks.
Passed the 16th of March, 1785.
Flour and Whereas it is necessary that great care be taken to preserve the
broad, to j-eputation of flour one of the staple commodities of this State B^ it
branded ^ therefore enacted by the People of the State of New York represented in
tationr^*^ Senate and Assembly and it is hereby enacted by the authority of the same^
penalty. ^\^^x. every bolter of flour and baker of bread for exportation from this
State shall each one for himself provide and have a distinguishable
brand-mark with the initial letter of his christian name and his sir-
name at full length and shall therewith brand each and every cask of
flour and biscuit of his own bolting or baking for exportation from this
State before the same be removed from the place where the same shall
be bolted or baked under the penalty of one shilling for every cask so
removed, and not branded as aforesaid.
Cha?. 35.] EIGHTH SESSION. 67
And be it further enacted by the authority aforesaid That all wheat Flour,
flour bolted for exportation as aforesaid shall by the bolter thereof be 2Sdhow
made merchantable, and of due fineness and honestly and well packed packed
in good and strong casks well made and of staves well seasoned, with mwked;
the tare of the casks marked thereon and each and every cask thereof Penalty.*
shall be well hooped with ten hoops at least, three of which to be on
each head and shall be well and sufficiently nailed before the same shall
be removed or carried from the place where the same shall be packed
as afore^d and every bolter offending in all or any of the premises
shall forfeit and pay for every such offence the sum of two shillings.
And to prevent flour in casks from being packed too hard and to render casks, du
the weighing of every cask unnecessary, there shall be but two sizes St! wIS"**
one of which sizes to contain two hundred and twenty four pounds neat ^^^ ^ny
and the other size one hundred and ninety six pounds neat, and for that Soouon.
purpose the cask shall be made of the following dimensions that is
aich as is to contain two hundred and twenty four pounds the staves
shall be of the length of twenty seven inches and the diameter of each
head eighteen inches, and those that are to contain one hundred and
ninety six pounds neat to be also the length of twenty seven inches and
the diameter of each head sixteen inches and an half. And the casks
shall be made nearly straight for the convenience of stowing in vessels.
And on the head of each cask of flower shall be branded with a brand-
ing-iron the neat weight of each barrel.
And be it further enacted by the authority aforesaid That if any per- Penalty
son or persons shall put a false brand of the weight on any cask of flour braod^.
such person shall forfeit for every cask so falsely branded the sura of
ten shillings or shall put a false or wrong tare on any cask of flour or
bread to th^ disadvantage of the purchaser he, she or they shall forfeit
and pay for every such cask falsely tared as aforesaid the sum of ^wq
shillings to the inspector or other person discovering the same to be
recovered before any justice of the peace in the county where the fraud
is committed.
And be it further enacted by the authority aforesaid That no flour Plourio be
shall be shipped for exportation out of this State before the same flour Sy^'in^
shall have been submitted to the view and examination and been in- "P?^*2J*P"
spected and approved by one of the inspectors to be appointed by vir- uDd'erthis
toe of this act who shall bore the head of each barrel or cask and J^J^tor to
pierce the same through with an instrument contrived for that purpose to braod
and examine try and determine whether the same flour is of due fine- **° ^'^"^
n«s and whether it has not been injured by being ground too close or
by some other means so as to prevent its rising properly and making
light bread and also whether it is honestly packed and shall then plug
up the hole. And if the said inspector shall judge the same flour to be
merchantable and of due fineness and that the same has not been in-
jured in the manufacturing or wet or otherwise damaged and that the
same is honestly and well packed in such casks so made marked and
branded as aforesaid then and not otherwise he shall brand every such
cask of flour on the quarter in a fair and distinguishable manner
wirfi the initial letter of his christian name and his sirname at full
length with the name of the county in which it is inspected for which
trouble the said inspector shall receive one penny half penny per cask Pees of
and no more the one half to be paid by the seller and the other half by *'»»p«J'«'-
the purchaser. And the said inspectors are hereby strictly charged not
to brand any cask of flour for exportation although the flour should be
of due finess unless it shall appear to them that the same flour has not
hecn injured in the manufacturing and that it is merchantable nor
68
LAWS OF NEW YORK.
[Chap. 35.
Flour re-
jected by
inapoctor,
feccfor
exainia-
iug.
Flour not
brauded as
mercbaot-
able by-
Inspector,
not to be
exported;
penalty.
Id.
Inspec-
tors may
enter on
board and
examine
vessels.
Tooonfls-
oate casks
of flour
not prop-
erly
branded.
Master of
vessel,
wbere
flour
found, to
be mulcted
Purchasers
of flours
for expor-
tation to
have same
inspected,
notwith-
standing
f>revlons
nspectioQ.
Disputes
with in-
spector,
how set-
tled.
unless the same be honestly and well packed in good strong casks well
made and of staves well seasoned and hooped and branded in the man-
ner herein before directed and the tare marked on each cask.
And be it further enacted by the authority aforesaid That if any flour
upon inspection is judged by the officer inspecting the same to be unfit
for exportation the owner or possesor thereof slwdl pay the inspector
one penny half penny per cask for every cask so rejected.
And be it further enacted by the authority aforesaid That no flour
whatsoever not branded as aforesaid by one of the said inspectors as
and for good and merchantable flour shall be shipped for exportation
out of the State under the ])enalty of forfeiture, and loss of the full value
of all such flour so shiped one half part thereof to be paid to the
treasurer of this State for the use of the people thereof and the other
half thereof to such person as shall inform and sue for the same in any
court of record in this State by action of debt or on the case.
And be it furt/ier enacted by the authority aforesaid That if any per-
son shall export out of this State any flour not inspected or branded by
one of the said inspectors, such exporter and the master of such vessel
carrying such uninspected or unbranded flour out of this State shall
upon conviction of such offence in any court of record in this State
severally forfeit the sum of forty shillings for every such cask so ex-
ported or carried out of this State to be recovered and applied in the
manner directed in the preceding clause of this act.
And be it further encuted by the authorihy aforesaid That the said
inspectors and every of them shall have full power and authority by vir-
tue of this act and without any further or other warrant to enter on
board any vessel whatsoever in the harbours of the city of New York
Albany or in any of the counties within this State to search for and
make discovery of any flour shipped or shipping on board any such
vessel for exportation immediately from thence out of this State. And
if the said inspectors or either of them shall on such searcti discover
any cask or casks of flour not branded as before directed the person or
persons so shipping the same shall forfeit all and every such cask and
casks of flour so shipped or shipping and not branded in the manner
before directed. And the master or commander of such vessel who
shall receive any such cask or casks of flour not branded as aforesaid
shall forfeit and pay for each cask so received on board his vessel
the sum of ten shillings. And if any person shall obstruct or hinder the
said inspectors or either of them in making such search as aforesaid
every person so offending shall forfeit and pay the sum of fifty pounds.
And be it further enacted by the authority aforesaid That all flour
purchased for exportation shall be inspected in the manner aforesaid at
or after the time the same shall be so purchased for exportation and
if any purchaser of flour for exportation shall not have the same
inspected as aforesaid at or after the time of such purchase, such
purchaser shall forfeit and pay for every such cask of flour the sum of
ten shillings although the said flour may have been inspected and
branded at any time before the said purchase.
And be it further encuted by the authority aforesaid That if any dis-
pute shall arise between the owner or possessor of any flour offered to
be inspected and the inspector or inspectors concerning the place where
such flour offered for inspection was manufactured, the owner or j>os-
sessor thereof shall prove by himself or one credible witness upon oath
(or if of the people called Quakers) affirmation before any justice of
the peace to the best of his knowledge and belief where such flour /w^as
manufactured.
Chap. 35.] EIGHTH SESSION. 69
And be it further enacted by the authority aforesaid That no inspector Casks to be
of flour shall brand or mark as inspected or cause to be branded or whS*^**^
marked any cask of flour wherever manufactured unless the initial let- initial let-
ter of the christian name and the simame at full length of the manu- mLvufac-
facturer be first branded thereon. turer be-
fore sub-
And be it further enacted by the authority aforesaid That his excel- pitied to
lency the governor by and with the advice and consent of the council Governor
of appointment shall from time to time appoint one inspector of flour to appoint
in the TC'spective cities of New York and Albany and as many inspectors to^carry"
of flour, and in each county within this State as to the said council shall jojo g^^ct
appear necessary. And that it shall be lawful for the respective inspec-
tors for the said cities of New York and Albany by writing under their Deputy in-
hands and seals to appoint as many deputies as they shall think neces- JS^p?" ^
sary to assist them m the execution of their offices, and to displace pointed,
them at their pleasure for whose faithful conduct they shall be respon-
sible and all acts of such deputies shall be performed in the name of
their respective principals.
And be it further enacted by the authority aforesaid That the inspec- inspec-
tors to be app>ointed in pursuance of this act before they enter upon the {^ke with,
execution of their respective offices shall take the following oath or
(if of the people called Quakers) affirmation before one of the judges
of the inferior court of common pleas, but if in the city or county of
New York before the mayor or recorder of the said city. I A. B. do Porm of
swear or (if of the people called Quakers) affirm that I will faithfully, ^^^'^^
truly, and impartially according to the best of my judgment skill and
understanding execute do and perform the office and duty of an
inspector and examiner of flour according to the true intent and mean-
ing of the laws of this State relative to the same so help me God.
Arid be it further enacted by the authority aforesaid That the proprie- Flour in-
ter or proprietors of any flour inspected in the city and county of iSJ2riw'*of
Albany, or in any of the counties within this State as by this act is di- state may
rected shall and may ship the same directly out of this State from the poi^.
place where the same was inspected without being obliged to have the
£ame reinspected.
And be it further enacted by the authority aforesaid That the inspect- Inspec-
ors to be appointed in pursuance of this act shall each of them provide cure^suita^
himself with a brand-mark in addition to those they are already by this ^le brand
act required to have to brand the word' superfine and they and each of superfine
them are hereby required and directed to brand the word superfine on *"^*
all such casks as they shall have inspected and which they shall judge
to be superfine flour and no other. And each of the said inspectors
shall, if they find any cask of flour marked by the proprietor or manu-
facturer with the word superfine and which upon inspection they shall
find not to be superfine, erase or cut out said mark.
And be it further enacted by the authority aforesaid That no inspector inspec-
of flour shall purchase any flour by them respectively condemned nor ^^n,^ *^
any flour whatsoever other than for their own particular and private flour*
use under the penalty of fifty pounds to be recovered by action of
debt-
And be it further tnacted by the authority aforesaid That if any inspector Penalty
of flour not then actually employed in the examination of flour accord- oflnspeo!^*
ing Xo the powers and authorities given by this act shall on application ^^*
to him made to examine and inspect any flour as aforesaid refuse neg-
lect or delay to proceed to such examination or inspection for the space
of ihr^t hours after such application so made every mspector so refus-
ing neglecting or delaying to make such examination and inspection
70 LAWS OF NEW YORK. [Chap. 36.
shall for each offence forfeit and pay the sum of twenty shillings to the
use of the person or persons so delayed.
Pflnaltj. And be it further enacted by the authority aforesaid That if any person
feitinff'^ or persons shall counterfeit or alter any of the aforesaid brand marks
brand- whether State or private, he she or they shall forfeit and pay for every
offence the sum of one hundred pounds.
Peniity And be it further enacted by the authority aforesaid That if any person
fngflour*^ or persons shall empty any casks of flour inspected and branded as
b'^ ded^ aforesaid in order to put in other flour for sale or exportation into any
cask so branded as aforesaid without cutting out the said brand marks
every person so offending shall forfeit and pay the sum of fifty pounds,
^speo- And be it further enacted by the authority aforesaid That the inspect-
for ponai"^ ors to be appointed in pursuance of this act and every of them are
arapiied?^ hereby authorized and directed to sue for all fines and forfeitures men-
tioned in this act (except such as are herein otherwise directed to be
recovered and applied which fines and forfeitures shall and may be sued
for and recovered together with costs in any court of record in this
State having cognizance of the same by action of debt, or on the case,
the one half of which said fines and forfeitures when recovered shall be
paid to the treasurer of this State for the use of the people thereof and
the other half thereof shall be to the use of the inspector or inspectors
that shall sue for and recover the same.
Act. when And be it further enacted by the authority aforesaid That this act shall
effect!* ^ot t)e in force until the rising of the legislature at the present meeting
and with respect to the size of cask shall not be in force until the first
day of October next.
CHAP. 36,
AN ACT to exempt Simeon Smeed and Niles Higginbottom
Daniel Piatt and Benjamin Piatt from paying any part or share
of the produce of the mines therein mentioned.
Passed the i6th of March, 1785.
Praambie. WHEREAS it is represented to the legislature by Simeon Smeed and
Niles Higginbottom that they have discovered a mine in the county of
Albany, and by Daniel Piatt and Benjamin Piatt that they also have dis-
covered a mine in Fredricksburgh precinct in the county of Dutchess.
Persons Be it enacted by the People of the State of New York represented in
lei"ed* "^ Senate and Assembly, and it is hereby enacted by the authority of the same
from pay- That the said Simeon Smeed and Niles Higgenbottom, Daniel Piatt and
State^any Benjamin Piatt, their heirs executors administrators and assigns, shall
"reduce of ^^ ^"^ hereby are exempted acquitted released and discharged of and
mines^y from paying or yielding to the people of this State, or to any commis-
coveiwir sioner agent collector or receiver for their use, any part share propor-
foraflred tion or dividend whatsoever of either of the said two mines in the
***' ^ ' county of Albany and county of Dutchess, the one discovered by the
said Simeon Smeed and Niles Higginbottom, and the other by the said
Daniel Piatt and Benjamin Piatt, until the thirty first day of December
A^OT time j^ the 'year of our lord, one thousand seven hundred and ninety six. —
m?Des Dot And be it further enacted by the authority aforesaid That neither the
worked said Simeon Smeed or Niles Higgenbottom, nor the said Daniel Piatt
until per- or Benjamin Piatt, or their or either of their heirs executors administra-
S>ta!ned. tors or assigns, shall presume to work or intermeddle with the said mines
Chap. 37.] EIGHTH SESSION. 71
or either of them after the day last mentioned, on any pretext what-
soever, until he she or they shall have previously obtained permission
from the legislature of this State for that purpose on such conditions
and limitations as the legislature shall deem just and expedient.
And in order to give the said Simeon Smeed and Niles Higginbottom,
and the said Daniel Piatt and Benjamin Piatt, respectively, and their
respective heirs executors administrators and assigns every advantage
arrising from the discovery of the said mines Be it further enacted by the
authority aforesaid^ That in all treaties with the legislature for the Patrtiet
working of the said mines the said Simeon Smeed and Niles Higgin- have^pref-
bottom their heirs executors administrators or assigns as to the mine erence in
by them discovered, and the said Daniel Piatt and Benjamin Piatt their contracts
heirs executors administrators or assigns as to the mine by them dis- f^Jmtnei.
covered shall have the offer of being a party and privy thereto, and-
shall on every offer have the preference of all other« persons whomso-
ever.
Provided always That nothing herein contained shall be construed to PtotIso :
give the said Simeon Smeed and Niles Higginbottom or Daniel Piatt J? unlf
and Benjamin Piatt or either of them or their heirs executors adminis- ownen.
trators or assigns or any of them> any right to dig or break up the soil
or ground of any private person or persons, bodies corporate or politic
whatsoever, or of the people of this State.
CHAP* 37.
AN ACT to alter the terms and continue the processes of the
inferior courts of common pleas and general sessions of the
peace in the county of Washington.
Passed the i6th of March, 1 785.
Whereas the inferior courts of common pleas and general sessions of Preambia.
the peace in and for the county of Washington are by law directed to
be held on the last Tuesday of February and on the first Tuesday of
November annually; and whereas it is found by experience that another
term is necessary
Be it enacted by the People of the State of New York represented in Couru in
Senate and Assembly and it is hereby enacted by the authority of the same^ JJS^°*'
That the next succeeding courts of common pleas and general sessions county,
of the peace in and for the said county shall be held at New Perth in ^'™* ^ '
the said county on the last Tuesday of May next and that all succeed-
ing courts of common pleas and general sessions of the peace in the
said county shall from and after the said last Tuesday of May next be
held on the first Tuesday of November the second Tuesday of Feb-
nary and last Tuesday of May in every year at New Perth aforesaid
any law to the contrary notwithstanding.
And whereas no courts have been held on the last Tuesday of Feb-
niary last in the said county by reason of the absence of the judges of
the said courts on public business.
Be it further enacted by the authority aforesaid That all suits and ^"^^J
processes depending in the said inferior court of common pleas and plea* j
court of general sessions of the peace in and for the said county shall SsSS"^^
be continued in like manner as if such courts respectively had been held; pro-
hdd in the said county on the last Tuesday in February last. That.all ^tinued.
72 LAWS OF NEW YORK. [Chap. 38.
processes and precepts issued out of the said courts respectively and
which were returnable on the said last Tuesday in February shall be
returned on the last Tuesday of May next in the said courts respec-
tively and that all persons who were bound by bail bonds or recog-
nizances to appear at the said courts respectively intended to have been
held in the said county on the last Tuesday of February aforesaid shall
be held and bound to appear by virtue of such bail bonds or recogni-
zances respectively at the next inferior court of common pleas or next
court of general sessions of the peace to be held in the said county
after the passing of this act and that all processes and precepts to be
issued out of the said courts respectively before the last Tuesday in
May next shall be tested on the twenty fifth day of February last
CHAP. 38.
AN ACT to amend an act entitled "An act for the better laying
out, regulating and keeping in repair all common and public
highways and private roads in the counties of Ulster, Orange,
Dutchess, Washington, Westchester, Albany and Montgom-
ery," passed the 4th day of May 1784; and to extend the same
to the county of Suffolk.
Passed the i6th of March, 1785.
Certain Be it enacted by the People of the State of New York represented in
act\herefn *^^^^^^ ^^^ Assembly^ and it is ?ureby enacted by the authority of the same^
named re- That the thirty third section of the act entitled "An act for the better
pealed. laying out, regulating and keeping in repair all common and public
highways and private roads in the counties of Ulster, Orange, Dutchess,
Washington, Westchester, Albany and Montgomery," passed the 4th
day of May 1784, be and the same is hereby repealed.
Act ex- And be it enacted by the authority aforesaid^ That the said act shall be
Suffolk ^ ^^^ hereby is extended to the county of Suffolk.
county. And whereas by the first section of the aforesaid act, it is made law-
Preamble; ful for the freeholders and inhabitants of the towns in the said several
muSonera counties at their annual meetings for electing town-officers to choose
way8*5n' ^^^ €iQc\ not less than five freeholders, in each respective town, to be
the manor commissioners to lay out and regulate the highways in such town — And
bui«h"^ «/^rr<?Af the inhabitants of the manor of Philipsburgh in the county of
Westchester, did, at their last annual town meeting, choose and elect
three persons commissioners as aforesaid, who were not freeholders ;
and will probably be under the necessity, at their next annual meeting
for electing town-officers, to choose and elect persons for commissioners
as aforesaid, who may not be freeholders-
Phiiiim- Be it further enacted by the authority aforesaid^ That the power
mias^nere ^"^ authority of the said persons, elected and choosen commissioners,
of hiifh- to lay out and regulate the highways in the manor of Philipsburgh afore-
nof be**** said, at their last annual town meeting, shall be and are hereby declared
freehold- to be as valid and effectual to all intents constructions and purposes
*'*' whatsoever, in doing and performing the duties required of them as
commissioners to lay out and regulate highways, as if the said commis-
sioners so choosen and elected as aforesaid, were respectively freehold-
ers; and that in case the commissioners to lay out and regulate the
highways to be choosen and elected in the manor of Philipsburgh, at
Chap. 39.J EIGHTH SESSION. 73
their next annual town-meeting for electing town-officers should not be
freeholders, their power and authority shall be equally valid in perform-
ing all the duties required of them as commissioners, as if they were
respectively freeholders.
* And whereas there has been an omission of recording in the county preamble;
record, the laying out of many of the public highways in Dutchess JJ,"unty**
county, by reason whereof several of the roads which have been used as highways
. public highways, have been stopped up, and it is expected, that the same corded.
will be done to others, to the great damage of the public; for preventing
whereof
Be it enacted by the authority afore$aid^ That all public highways. What
which have been used as such, for the space of twenty years last past, Dinc^his
shall be taken, deemed and adjudged in the law, to be public highways, S^""'£,
and be subject to be altered and amended in the same manner as other pSbi?o
public highways by the laws of this State, may be altered and amended, highways.
And be it further enacted by the authority aforesaidy That whenever it id.; how
can be proved by credible witnesses, that a public highway has been laid p'*'^^-
out within twenty years by the commissioners authorized by law to lay
out public highways, and that the same has been since used as a public
highway, and that the commissioners who laid out such public highway
are dead, the same shall be' taken deemed and adjudged to be a public
highway, although it may not have been recorded in the county records.
And be it further enacted by the authority aforesaid ^ That the persons Oommis-
hereafter to be chosen commissioners to lay out and regulate highways hlgSvSys'
.and roads, before they execute any of the powers mentioned in thetouike
hereby amended act, shall, instead of the oath prescribed in the twenty- ^*' '
third section of the said act, respectively take the following oath, that is
to say, I do solemnly swear (or if of the people called Quakers Form of
affirm) that I will to the best of my knowledge faithfully and impartially ®*''*"
execute the powers to me given and granted by an act entitled "An act
for the better laying out, regulating and keeping in repair all common
and public highways and private roads in the counties of Ulster, Orange,
Dutchess, Washington, Westchester, Albany and Montgomery. So help
meGoi
CHAP. 39,
AN ACT for the partition of lands.
Passed the i6th of March, 1785.
Whereas many tracts of land in this State are held by divers per- Preamble.
sons as joint tenants, tenants in common and coparceners, and such
tracts cannot by law be divided by reason of the absence infancy or
coverture of some of the proprietors, to the great detriment of the
owners, and the prejudice of agriculture.
Be it therefore enacted by the People of the State of New York repre- Partition
^ntid in Senate and Assembly and it is hereby enacted by the authority of Sotfoe*oi
the samcy That any one or more of the proprietors, of any tract or tracts propoaed
parcel or parcels of land which now are or hereafter may be undivided, to be pub-
incline to have partition thereof, may subscribe a writing and publish "shed.
the same in any one or more of the public newspapers printed in the
city of New York, and one or more of the public newspapers printed in
the city of Albany except the lands to be divided lie in the southern
great diistrict, in which case such advertisements may be published only
Vol. 2. — 10
74
LAWS OF NEW YORK.
[Chap. 39.
If ooipmla-
sioofln
Darned are
objeoted
to.
supreme
oourtto
appofDi.
dbmmfe-
sionen to
take oaths,
before en-
tering on
tbefr
duties.
Commis-
sioners,
bow to
proceed;
togiTe
notioe by
advertise-
in one or more of the newspapers printed in the city of New York
twelve weeks, directed in general to all persons interested in such tract
or parcel of land, specifying the bounds thereof, and giving notice that
threex commissioners not interested in such tract or parcel of land,
naming them and their places of abode are appointed to make suth
partition, and that they will meet at a certain day and place to be also
therein mentioned, and to be within ten days after the said twelve weeks
are expired to proceed to the partition of the said lands, and requiring •
all persons interested therein to attend then and there for that purpose,
either by themselves or their attornies ; and if no objection to any of
the said commissioners be oflfered in writing to any one of the judges
of the supreme court, or of the inferior court of common pleas of the
county in which the greatest part of the lands lie, and a notice of such
objection in writing served upon the subscriber or subscribers to the
notice so directed to be published, or any one of them, and within nine
weeks after the first publication thereof, then the commissioners so to
be named shall perform the duties required of them by this act ; but if
such objection and notice be made and given, the judge to whom it was
offered shall appoint the parties a day and , place within ten days after
nine weeks from the first publication of the notice are expired, and
then and there hear and determine such objections, and appoint other
fit and uninterested persons in the room of those he may think proper
to remove as unfit, and such persons so appointed shall thence forth be
the commissioners for executing the powers given to commissioners by
virtue of this act, and shall before they proceed to execute their offices, •
be severally sworn or if of the people called Quakers affirmed before
one of the judges of the said supreme court, or before any of the judges
of any inferior court of common pleas to perform the trust and services
required of a commissioner by this act, fairly and impartially, accord-
ing to the direction thereof, and the best of his skill and judgment ;
and a certificate of their being so sworn or affirmed from the person
administering the oath shall be filed with the rest of the proceedings as
hereafter directed.
And be it further enacted by the authority aforesaid^ That the same
commissioners so to be appointed shall afterwards publish a notice
or advertisement in one or more of the public newspapers printed in
the city of New York and one or more of the public newspapers printed
in the city of Albany except the lands to be divided lie in the southern
great district, in which case such advertisement may be published only
in one or more of the newspapers printed in the city of New York,
signifying their said appointment, and that at a certain day and place to
be mentioned, they will meet to proceed on the said^partition ; and that
they desire all persons concerned to attend accordingly, which said
notice shall be published six weeks before the day of meeting ; and
when the commissioners have ascertained who and how many the
patentees of the lands to be divided were, they shall as soon as conve-
niently may be, cause a survey to be made of the lands to be divided,
in their presence ; and having set apart such portion thereof as they
conceive to be sufficient to defray the expence of the partition, the
residue shall be divided into as many allotments as the commissioners
shall judge best, according to the quantity quality and situation of the
land to be divided ; after which they shall cause every allotment to be
divided into as many lots as they were patentees, as nearly equal as
possible, having due regard in the partition to the situation quantity
and quality thereof, so that the patentees and those holding their several
rights may have equal shares in value as near as may be. Prcvteied
Chap. 39.] EIGHTH SESSION. 75
alww/Sy that in such case where the patentees of any tract of land have Proviso;
added to the number of original owners thereof by conveying or dis- SeedingT
posing of such part or parts of their original undivided shares to any T&JT®^
other person or persons, whereby the said person or persons, and the sharo u
said patentees became severally owners of equally undivided shares of <**^*<^«<^
such tract of land, then and in such case the number of lots shall be
equal to the number of such patentees and other owners so vested with
equal shares with such patentees as aforesaid. And in case the bounds
or extent of any lands hereafter to be divided by virtue of this act, where
shall appear to be so much controverted that the true quantity of the {^^"i^*^
whole land to be divided cannot be ascertained clear of dispute, that §}*^®*^»,
then and in such case the said commissioners shall cause the undisputed an^undiB-
lands to be surveyed and run out distinctly and separately from such fioiw^tobe
part as shall be in dispute, and shall make distinct and separate allot- partitioned
ments and divisions of the said undisputed and disputed lands in such ^P*"^*y-
manner as that a proportionate share of each, as nearly as may be as well
in quantity as in quality may upon the balloting hereafter mentioned
be drawn to the name of each patentee.
And be it further enacted by the authority aforesaid^ That of all sur- Two field
veys & allotments to be made by virtue of this act, two true field ^m'tobe
books and maps specifying the bounds of every allotment and lot shall "h^'m^
be made, and the several allotments and lots laid down and numbered
on the said maps, and then signed by the said commissioners, one of
which said field books and maps shall be filed in the office of the clerk
of the county, where the greatest part of the lands lay, and the other in
the secretary's office of this State ; which when done the said commis-
doners shall cause an advertisement to be published for at lest six Notice of
weeks in one or more of the newspapers printed in the city of New J^bepuS-
York, and one or more of the public newspapers printed in the city of u«he<f
Albany, except the lands to be divided lie in the southern great district,
in which case such advertisement may be published only in one or more
of the newspapers printed in the city of New York, notifying the filing
of the field books and maps in the office, and appointing a particular
time and place on a day within twenty days after the expiration of the
said six weeks, and requiring all persons interested then and there to
attend to see the several lots balloted for ; and that the same may be
conducted in a just and impartial manner, one or more of the judges of Judge of
the supreme court of this State, or of the inferior court of common pleas SSurt"? of
of the county in which the greater part of the lands lie, not interested common
in the division, upon the request of the said commissioners in writing attend^t
under their hands, served six days before the time of meeting shall be *>»**o^*n«-
present to oversee the balloting so to be made ; at which day & place,
the said commissioners having then made as many tickets as there are
lots in each allotment, with one of the numbers of each lot on every Manner of
ticket, and as many tickets as there are patentees and proprietors, with fn^ba?"
the name of one of the patentees or proprietors on each ticket, the loUng.
tickets of names shall be put into a box, and the numbered tickets into
another box, and such person or persons as the commissioners shall
then appoint shall immediately proceed to draw a ticket of the names,
and then a ticket of the numbers, and so proceed until all the tickets
are drawn. And after drawing for the lots in one of the allotments,
they shall proceed in the same manner to draw for the lots in the other
allotment or allotments, if more than one, until the whole drawing is
completed And the lot in each allotment on the maps bearing the
number of the ticket drawn next after drawing the ticket with the name
of the patentee or proprietor, shall be the separate and divided share of
76 LAWS OF NEW YORK. [Chap. 39.
such patentee or proprietor, and of all persons holding under him or
her; of which balloting and all the proceedings in such partition, the
said commissioners shall make a full and fair entry and minute in a
book, one copy whereof, certified under their hands, or the hands of a
majority of them, and under the hand of the judge present, shall be
filed in the said secretary's office, and another, certified in like manner,
in the clerk's office of that county where the greatest part of the lands
lay; which same books or an exemplification under the great seal of this
State, shall be good evidence of such partition ; and which partition
shall be valid and effectual in the law to divide and separate the said
lands.
Sale of And be it further enacted by the authority aforesaid That the said
ipM^to^ commissioners 6r any two of them, shall within one year next after
defray drawing or balloting the lots aforesaid proceed to sell that part of the
pSStt^n? tract which was set apart to pay the expence of the partition, at public
vendue, to the highest bidder, whereof six weeks public notice shall be
previously given in one of the said newspapers ; and their deed to the
purchaser shall pass as good a title to such bidder for the separate
enjoyment of the same as if all the patentees or proprietors of the said
land had made and executed the same in due form of law. Always
Oommifl- proindedy that no commissioner or commissioners or any other person in
not"to'piir- ^^"st for him or them, shall become purchasers of the said land so to
cha»e be sold, or of any part thereof. And of the whole charge attending
such partition the commissioners shall keep and state a particular
^ Accounts account, and lay the same before one or more of the judges of the
" sioDere?*** supreme court or of the inferior court of common pleas of the county
how kept; where the greatest part of the lands lie, who are hereby impowered and
, auSted. required to appoint some proper person or persons to audit the same
after fourteen days notice given in writing by the said commissioners to
any three of the ; proprietors, of the time & place of auditing the said
accounts that they may be heard in objecting to the same; and out of
the monies arising by such sale the commissioners may retain so much
as the said auditor or auditors, or the major part of them shall certify
to be due to them for their services and disbursements in completing
the said partition; and the surplus, if any there is, shall be divided into
equal parts according to the number of patentees or proprietors as afore-
said, and be paid to them, or those holding under them; and the receipt
of the said patentees or proprietors as aforesaid, or of any person hold-
ing under a patentee shall be a sufficient discharge to the said commis-
sioners for the share of such patentees or proprietors.
Shares of And whereas joint tenants, tenants in common, and coparceners of
anto'may' particular lots or parcels of lands so divided, or of other lands held in
be parti- joint tenancy, coparcenary, or in common may be inclined to have par-
similar ° tition thereof ; Be it therefore enacted by the authority aforesaid^ That
manner, partition may be made thereof, and be as valid, and the expence of the
same defrayed in the same manner as the partition of other lands are
before directed, the proprietors in such further or other partition being
considered as the patentees are in the partition above prescribed.
Improve- And be it enacted by the authority aforesaid That in case on the parti-
landsfruie ^ion of any patents or tracts of land on which improvements have here-
in relation tofore been made by any owner or proprietor, or by any person or per-
titiou. ^^^' sons by consent of any owner or owners proprietor or proprietors of any
such patents or tracts of land, the person or persons to whose shares
such parcels of improved lands shall fall upon a partition of such pat-
ents or tracks of land, shall before he or they be permitted to the pos-
session of the same, pay the respective possessor or possessors thereof.
Chap. 39.J EIGHTH SESSION. ' 77
the value of the improvements made thereon; and in order to settle and
ascertain the value of such improvements, the said commissioners are
hereby fully authorized impowered and directed at the request of the
party or parties to whom such parcel or parcels of improved lands shall
upon such partition as aforesaid appertain, issue their precept to the
sheriff of the county in which the lands lie, commanding him to sum-
mon twelve freeholders having the proper and legal qualifications of
jurors to attend the said commissioners on the premises at a day to be
appointed in the said precept not exceeding thirty days after the date
thereof, to assess the value of such improvements, at which day and
place the said commissioners shall swear the said freeholders well and
truly to inquire into and assess the value of the said improvements, and
then shall proceed with their assistance in a summary manner to inquire
into and assess the same, and make duplicates of such their inquisitions
and assessments under their hands and seals, and the hands and seals of
the said freeholders, one of which said duplicates shall be delivered to
each of the parties. And in case the possessor or possessors of such
improved lands shall not within thirty days next after a tender to him
or them made of the assessed value by the person or persons to whom
the said improved lands shall upon such partition as aforesaid belong
peacably and quietly deliver up to him or them the possession of the
same ; the said commissioners or any or either of them shall upon proof
of such tender made before him or them or any or either of them by
the oath of one or more credible witness, issue a precept in writing,
under the hands and seals of them the said commissioners, or the hands
and seals or hand and seal of any or either of them to the sheriff of the
county in which such improved lands respectively lie, commanding him
to put the person or persons to whom such improved lands shall upon
such partition belong into full and peacable possession of the same.
Prcn'ided always that the costs charges and expences attending as well W.; rule
on such assessment as aforesaid, as on the putting of the party or par- H^qms.
lies into the possession of such improved lands, shall be estimated
according to the regulations herein after prescribed, and shall be paid
by the respective possess * or possessors of such improved lands, and
on his her or their refusal to pay the same shall be levied on his her or
their goods and chatties by warrant under the hands and seals of the
said commissioners, or the hand and seal of any one or more of them
directed to the said sheriff of the county wherein such improved lands
respectively lie, who is hereby required to perform that service. —
And inasmuch as the said commissioners in such further or other
partition may through the great number of proprietors and rights pro-
ceed upon a mistake either by supposing them too few or too many,
Be it therefore enacted by the same authority^ That if any lott or lots, shall Rule •■ to
be set off and drwan * for any person having no title to the lands to be bJftniStake
divided, such lot or lots shall be considered as lands still undivided ;
and if no lot or lots shall be set off and drawn for any person having
title, nothing herein shall be construed to defeat such title ; provided
fuvtrthiless^ that the partition shall be considered as fully completed to
all intents and purposes between all and every the other proprietors of
the said lands.
And be it further enacted by the authority aforesaid^ That if any of the 8urvl?ora
commissioners so to be appointed to make any partition by virtue of gfoneM^tlT
this act, shall die before the same is completed, their powers shall vest have power
in and be exercised by the survivors or survivor of them.
* So in orifi:ina1.
78 LAWS OF NEW YORK. [Chap. 39.
One com- And he it further enacted by the authority aforesaid^ That one of the
to^act^as' said commissioners shall be sworn as surveyor previous to the said sur-
one*?^*^' vey to be performed (or if of the people called Quakers shall make
dork. affirmation) to perform the same truly and impartially, and accordingly
execute the duties of surveyor, which said oath or affirmation, either
of the other two commissioners are hereby impowered to administer ;
and which oath or affirmation shall be entered in the minutes of their
proceedings, and certified by the other two commissioners; and that
one other of the said commissioners shall act as clerk, and as such shall
take minutes of all their proceedings. Provided always, and be it enacted
Where by the authority aforesaid. That in case the said commissioner being a
akmwact- surveyor as aforesaid shall die before the survey be completed, or through
ingassur- sickness or some other cause be rendered incapable to complete the
veyorts ai. ^ • 1. ^.t. • • • • • •
incapaci- same, that m such case the survivmg commissioner or commissioners,
oihOT*8ur- ^^^^ ^"^ "^^y thereupon nominate appoint and qualify another sur-
veyor to be veyor to carTy on and complete the same or in case either of the said
appointed, commissioners be a surveyor he shall & may be qualified & act as sur-
veyor, compleat the survey in like manner. Which said surveyor shall
have twenty eight shillings per day for his services. That the said
liate of commissioner acting as surveyor shall have twenty eight shillings per
Stfon." day, the commissioner acting as clerk twenty eight shillings per day,
and the other of the said commissioners twenty four shillings per day
while actually employed in the said service ; and each of the chainbear-
ers, and the flagbearer and marker (whenever the commissioner shall
think such flag bearer or marker necessary) shall have ten shillings
per day ; and the persons who audit the accounts twenty shillings per
day for their services; which allowances shall be in full for their serv-
ices and all expences attending the said survey ; but the auditors may
allow a reasonable sum for defraying the expence of the attendance of
the judges, the advertising and balloting herein before directed. —
Act. how And be it also enacted by the same authority. That nothing in this act
cabie;*cep- shall be construed to defeat prejudice or destroy the rights of the people
*»inj*'>^ of this State, or of any bodies corporate and politic, nor to extend or
fecte<L relate to any of the common and undivided lands of any of the said
bodies corporate and politic, nor of any such common & undivided
lands belonging to any township on Nassau island, or the township of
Schenectady in the county of Albany, or of Kingston Hurley Rochester
New Paltz and Marble Town in the county of Ulster, or the borough
of West Chester any thing herein to the contrary notwithstanding.
Bound- And be it also enacted by the same authority. That the out lines of every
each pat- patent so to be divided shall be surveyed previous to the division by
j^to'** the surveyor general or his deputy, provided that he do attend and per-
▼eyed by form such service, upon six weeks notice of the time and place when
genen?'" ^^^^ where the commissioners are to meet for performing the survey,
proceed- being given to him in writing under the hands of the commissioners ;
b'e^aiis to^ for which service he shall be allowed at the rate of twenty eight shillings
attend. p^^ day for coming to, attending on and returning from such survey ;
and shall be provided with chain bearers in the same manner, and to
be paid at the same rate, as other surveyors commissioners and chain-
bearers are by this act directed to be paid. But if the surveyor gene-
ral shall neglect to attend by himself or his deputy in the manner sSore-
said, then it shall be lawful for the eommissioner acting as surveyor to
perform the whole survey of the patent so to be divided.
And whereas there may arise doubts on the survey concerning the
limits of the tract so to be divided, as well on objections made by those
Chap. 39.] EIGHTH SESSION. 79
holding under the patents, as by the surveyor general or his deputy on
the part of the people.
Be it therefore enacted by the same authority That the commissioners Rule as to
may in such case run the limits in such manner as the said surveyor wheJ^**"*
general or his deputy shaH direct, and also in the manner directed [{^^Jj^'^
by the party or parties first sueing out a partition of the lands so to be disputed,
divided, and attending such survey for the partition thereof ; and shall
make a separate division of the lands so in dispute, and shall proceed
to the complete partition of the same in the manner before directed ;
and the lines run for the limits of the bounds of the patent shall always
be laid down on the map on which the division is made, and on those
to be filed in the secretary's office, and in the office of the clerk of the
county. Provided always^ and be it enacted by the authority aforesaid Vr6y\w\
That no survey of the outlines of any patent shall be made by virtue of 2? wlriev*'
this act, in any case where such survey has already heretofore been <>' bound-
made, by virtue of any former law of the legislature of this State while p2eut.
a colony, or at the instance or request of the patentees or parties inter-
ested in the said lands, unless the said commissioners shall conceive
such former survey of the outlines of any patent is not sufficiently cer-
tain to proceed to a partition and division as aforesaid.
And whereas many small estates held in common require a more easy PartitioD
and less expensive mode for the division thereof than that which is eita^*
hereinbefore provided heW in
Be it therefore enacted by the authority aforesaid That where any lands how nuSie.
tenements or hereditaments shall be held in common, it shall and may be
lawful for the court of common pleas in the county where such lands shall
be upon the application of one or more of the owners or proprietors of
such lands tenements and hereditaments for partition thereof, it being
proved to the satisfaction of the court that the value of the said lands
tenements and hereditaments do not exceed five thousand pounds to
appoint three reputable freeholders of the county, commissioners for
that purpose, affidavit being first made before the court by the person or
persons making such application that the other owners or proprietors
residing within the State or the guardians of such owners or proprietors as
are minors have had thirty days previous notice of his or their intention
of making such application; and the commissioners so to be appointed
after they shall have been duly sworn before one of the judges of the
court of common pleas in such county, honestly and impartially to exe*
cute the trust reposed in them respectively as commissioners for making
partition of the lands tenements and hereditaments as directed by the
court shall proceed to make partition of the said lands tenements and
hereditaments among the owners and proprietors thereof according to
their respective rights therein, which partition being made by the said
commissioners or any two of them, and a return being made thereof in
writing under their hands and seals to the court, particularly describ-
ing the lands allotted to each respective owner or proprietor, and men-
tioning which of the owners or proprietors are minors, if any such there
shall be, which return being acknowledged by the said commissioners
or any two of them, before one of the judges of such court, and accepted
by the court, and entered of record in the clerks office shall be a par-
tition of such lands tenements and hereditaments as are therein men-
tioned. Provided always that where any houses and lots are so circum- Provtoo;
stanced that a division thereof cannot be made without great prejudice JiUoiTcaS^
to the owners or proprietors of the same, and the commissioners °^***
appointed to make partition of the same shall so report to the court, if SLt prejo-'
it $ha]l then appear to the court that such houses and lot^ do not exceed ^*^*
80
LAWS OF NEW YORK.
[Chap. 40.
PtotIso;
no parCi-
tloo to be
made con-
trary to
terms of
any will.
Guardians
to be ap-
pointed for
minors, to
represent
tbem In
carrying
out the
provisions
of this
act.
in value the sum of three thousand pounds, the court shall thereupon
give orders to the said commissioners to sell such house and lot or
houses and lots of land at public vendue, and shall make and execute
good and sufficient conveyances to the purchaser or purchasers thereof,
which shall operate as an effectual bar both in law and equity against
such owners proprietors and all persons claiming under them, and the
monies arising therefrom to pay to the owners or proprietors of such
houses and lots of land, their guardians or legal representatives as shall
be directed in the said order, retaining in their hands for their services
and expences such sum as shall be allowed by the court ; and the said
commissioners on a division of lands tenements and hereditaments, by
order of the court as aforesaid shall be allowed such sum as the court
shall award for their services and expences to be paid by the owners or
proprietors of the lands tenements and hereditaments so divided in pro-
portion to their respective rights therein; and in case of the neglect or
refusal of any of the owners or proprietors to pay his her or their pro- *
portion of the sum so awarded, the court shall order so much of the
lands tenements and hereditaments allotted to such owner or proprietor
so refusing or neglecting, to be sold at public vendue as will be sufficient
to pay his or her proportion of the sum awarded by the court, together
with the costs of such sale. And provided also that no division or sale
shall be made by order of the court as above directed contrary to the
intention of any testator as expressed in his last will and testament.
And be it further enacted by the authority aforesaid That it shall and
may be lawful for the inferior courts of common pleas in the several
counties to allow of guardians who shall be chosen by minors of the
age of fourteen years, and to appoint guardians for such as shall be
within that age; and the court on allowing or appointing any guardian
as aforesaid shall take sufficient security of all such guardians for the
faithful discharge of their trust, and to render a just and true account
of such guardianship to the court when thereunto required. • And the
guardians of all minors so to be allowed or appointed as aforesaid, shall
be and hereby are respectively authorized and impowered on behalf of
the respective minors whose guardians they are to do and perforin any
act matter or thing respecting the division of any lands tenements and
hereditaments as is directed in the above preceding clause, which shall
be binding on such minor, and be deemed as valid to every purpose as
if the same had been done by such minor after he should have arrived
at full age.
Taxes In
New York
city, how
rated and
assessed.
CHAP. 40.
AN ACT for the more easy assessment of taxes, for prolonging
the terms of the court of general sessions of the peace, alter-
ing the mode of punishment in certain cases of petit larceny
in the city and county of New York ; and for the confinement
of vagrants and common prostitutes to hard labour.
Passed the i8th of March, 1785.
Be it enacted by the People of the State of New York, represented in
Senate and Assembly ^ and it is hereby enacted by the authority of the same^
That all taxes to be levied within the city and county of New York, by
virtue of any law hereafter to be made and passed, whether for the use
of the State or* for the maintenance of the poor, and defraying the con-
Chap. 41.] EIGHTH SESSION. 81
tingent charges within the said city and county, shall be rated and
assessed, by the assessors, now, or hereafter to be, chosen, for assessing
the taxes to be raised within the said city and county; and that the
power duty and authority of overseeing and providing for the poor, shall
be vested in the mayor aldermen and commonalty of the said city, in Poor,
common council convened, to be assisted by such commissioners as they SJJ^^Jf^^
have commissioned or appointed, or hereafter shall commission or overroe-
appoint for that purpose, except so far as relates to the taxes to be raUdT
raised by an act entitled "An act to enable the mayor recorder and
aldermen of the city and county of New York to raise monies by tax for
the purposes therein mentioned," passed the 26th of April last past.
And be it further enacted by the authority aforesaid^ That it shall and Ooonof
may be lawful, for the court of general sessions of the peace of and for JSwioSs
the city and county of New York, whenever in their judgment, the due of the
administration of justice shall render it necessary, and from time to time term^'may
in any of the terms appointed or to be appointed for holding the said JJmSS!
court, to prolong such term or terms for one or more days, not extend-
ing in the whole, beyond the Tuesday following the first day of each
terai inclusively and respectively.
And be it further enacted by the authority aforesaid^ That it shall and Mfsde-
may be lawful, to and for the mayor recorder and aldermen of the said jlJf^iSSJ*.
dty for the time being, in all cases, where by law they, or any of them P^^'J^J^
are authorized to inflict corporal punishment for any crime or misde- tutSi for
meanor, to substitute at their discretion, instead of such corporal pun- pun^JJE^
ishment, a confinement of the offender in the house of employment or ment.
bridewell, belonging to the said city, to be kept at hard labour therein,
or at any work or employment, within any part of the jurisdiction of the
said city and county, for a longer, or shorter period according to the
nature of the offence : And also to confine and set to hard labour in Disorderly
manner aforesaid, all idle and disorderly vagrants, not having visible 5S?£K'
means of a livelihood, and all common prostitutes, who now are, or "n®**^ <>'•
from time to time shall come into, or sojourn within the said jurisdic- PtotUo;
tk>n : Provided always^ that no person shall be confined in manner afore- tfon*of"'*'
said by virtue of this act, for any term longer than six months. improve-
CHAP. 41.
AN ACT to vest the estate of Daniel Bevief in trustees for the
purposes therein mentioned.
Passed the 21st of March, 1785.
Whereas it is represented that Daniel Bevier of the township of Preamble;
Rochester in the county of Ulster hath been a long time insane and Danie?^**'
deprived of his reason, and that there is no probability that the said Bevier.
Daniel Bevier will ever recover his reason ; and that the estate of the
said Daniel Bevier remaining unimproved doth not produce an income
sufficient for his support.
And whereas the heirs apparent and others the nearest of kin to the id.; peti-
aid Daniel Bevier have by their petition to this legislature prayed that fijlaij^^'**
the real estate of the said Daniel Bevier may be vested in trustees or ture.
commbsioners with power to sell the same to provide for the mainte-
nance of the said Daniel Bevier.
Vol. 2. — II,
82
LAWS OF NEW YORK.
[Chap. 41,
J of
Daniel
Bevier
▼estedin
trustees
forpur-
POMS
therein
muned.
ProTtsoiSs
to rights
of l^al
represen-
tation.
to file bond
Inchan-
ceiy.
Proviso;
00 estate
to vest In
trustees
until In-
sanity of
Daniel
Bevler
found by
inquest.
Be it enacted by the People of the State of New York represented in
Senate and Assembly and it is hereby enacted by the authority of the same.
That all the real and personal estate of the said Daniel Bevier be and the
same is hereby absolutely vested in Jacob Bevier, Johannis Bevier and Ben-
jamin Bevier, brothers, and Daniel Dubois and Abraham Bevier, nephews
of the said Daniel Bevier, their heirs and assigns who are hereby author-
ized and required to sell and dispose of the real estate of the said Daniel
Bevier in such manner, to such person or persons and for such consid-
eration as they may think fit, and may deem most conducive to the
interests of the said Daniel Bevier and his representatives ; and deeds
and conveyances thereof to seal and execute; which sale so made and
deeds or conveyances thereupon executed by the said Jacob Bevier
Johannis Bevier Benjamin Bevier Daniel Dubois and Abraham Bevier
or the major part of them, the survivors of them, or the major part of
such survivors are hereby declared to be good and eflfectual to all intents
and purposes in law and equity to vest in such purchaser or purchasers
the whole estate and interest which the said Daniel Bevier * has in the
said real estate, and every part thereof ; and upon the receipt of the
monies arising from such sale the said trustees or commissioners or any
two of them or the survivors of them shall put the same at interest on
good security, and apply the income or yearly product thereof to the
support and maintenance of the said Daniel Bevier during his natural
life, and from and immediately after the decease of the said Daniel
Bevier to be and remain in the heirs or legal representatives of the said
Daniel Bevier Provided always that nothing herein contained shall preju-
dice the persons who may be the heirs or legal represenatives of the said
Daniel Bevier, but that the monies arising from the sale of the real estate
of the said Daniel Bevier shall descend to his right heirs in the same
manner as the other personal estate of the said Daniel Bevier shall
legally descend; and that the personal estate of the'&aid Daniel Bevier
shall also be distributed among the legal representatives of the said
Daniel Bevier after his decease, as the same would have been done if
this act had not been passed. And provided also and be it further enacted
by the authority aforescUd that before the said Jacob Bevier Johannis
Bevier, Benjamin Bevier Daniel Dubois, and Abraham Bevier or either
of them take upon them the trust reposed in them by this act, they shall
duly execute a bond to such officer of the court of chancery in such
sum or sums, and with such surety or sureties as the chancellor of this
State shall direct and approve of with condition that such trustee or
trustees will well and faithfully from time to time apply the whole estate
of the said Daniel Bevier or so much thereof as shall be necessary for
the support of the said Daniel Bevier during his natural life, and after
his decease distribute and pay the surplus, if any there shall be, to and
among his legal representatives in such proportions as the same would
by law have been distributed if this act hjad not been passed; which
bond when executed shall be filed in the office of register of the said
court of chancery. Provided always^ that no estate shall be vested in,
nor shall any sale or sales be had or made in pursuance of this act by
the said Jacob Bevier Johannis Bevier Benjamin Bevier Daniel Dubois
and Abraham Bevier unless a writ shall be previously issued out of the
court of chancery to enquire of the insanity of the said Daniel Bevier,
and it shall be found by inquest, in due form of law that the said Daniel
Bevier is insane and unable to take care of his person and property.
Chap. 43.] EIGHTH SESSION. 83
CHAP. 42.
AN ACT to lay a tax on dogs in the city of New York.
Passed the aist of March, 1785.
Whereas it is found by experience, that the great number of dogs, preamble,
kept in the city of New York occasion an unnecessary expence and
ought to be considered as a public nuisance: For remedy whereof.
Bf it enacted by the People of the State of New Yorky represented in
Senate and Assembly^ and it is hereby enacted by the authority of the same
That every owner or keeper of a dog or dogs within the said city to the do^b, ux
southward of an east and west line to pass on the south side of the {j^iJ^' *°
dwelling house late of James Delancey Esquire, shall be and hereby is muts of
and are respectively made subject to an annual tax of eight shillings for JJt^ ^^^
each respective dog so from time to time to be kept within the limits
aforesaid ; which tax shall all be disposed of and applied for the sup-
port of the poor of the said city, or such public uses as the mayor
aldennen and commonalty of the said city shall from time to time order
and direct : provided always that every butcher and tanner within the SfbiJjSj^
limits aforesaid, shall be at liberty to keep one dog respectively without er's and
being subject to any tax for the same. doJS.*"^'
And be it further enacted by the authority aforesaid. That for the more Tax, how
easy collection of the said tax, it shall be the duty of the respective J*'^ *^*
assessors at the time when they shall rate and assess the tax for the
maintainance of the poor, and for other contingent charges within the
said city, to add to each of their respective assessment rolls, the tax
hereby directed to be levied upon the owners or keepers of dogs within
their respective wards, and the same shall thereupon be collected in the
same manner as the annual taxes for the support of the poor and other
contingent expences shall from time to time be directed by law to be
leried within the said city.
CHAP. 43.
AN ACT to appoint certain trustees therein named to sell and
dispose of the real estate of Elizabeth Richards deceased.
Passed the 31st of March, 17S5.
Whereas Henry Van Rensselaer of Claverack in the county of Preamble;
Albany surviving executor of last will and testament of Elizabeth Rich- Elizabeth
ards deceased and one of the devisees and legatees therein named Kicharda,
together with divers other persons parties in interest under the same **®*'***®**-
last will did present a petition to this Legislature at the last meeting
thereof setting forth in substance that from the remote and dispersed
sitoation of the devisees and legatees under the said will it was neces-
sary in order to effect a final settlement of the estate of the said Eliza-
beth Richards that trustees should be appointed with full power to sell
and dispose of the whole undivided real estate of the said Elizabeth
Richards deceased devised by her said will the said trustees when the
sales of the said real estate should be compleated to account with the
<ievisees for the proceeds of the same praying that Jeremiah Van Rens-
sdaer John De Peyster Ten Eyck and Jeremiah Lansingh of the city of
Albany gentlemen might be appointed trustees for the purposes aforesaid.
84
lAWS OF NEW YORK.
[Chap. 44.
Estate
vested In
trustees
for pur-
poses
therein
named.
Be it therefore enacted by the People of the State of NeiU York, repre-
sented in Senate and Assembly, and it is hereby enacted by the authority of
the same That the said Jeremiah Van Rensselaer, John De Peyster Ten
Eyck and Jeremiah Lansingh be and they are hereby constituted and
appointed trustees for the purpose of selling and disposing of, in such
manner and upon such terms and conditions as to them shall appear
most for the advantage of the parties interested therein all and every
part of such undivided real estate which was of the said Elizabeth
Richards deceased in her life time and to execute seal and deliver such
conveyances and assurances of the said premises, and of every part
and parcel thereof to the purchaser or purchasers, his her and their
heirs and assigns as .shall be needful and requisite for the perfect and
absolute conveying and assuring thereof, which conveyances and assur-
ances so to be by the said trustees made shall be to such purchaser or
purchasers according to the true intent and meaning thereof good and
effectual in the law to all intents constructions and purposes whatsoever
as fully as if made and executed by the said Elizabeth Richards in her
life time, or as if made and executed by the devisees and legatees of
the said Elizabeth Richards in her said testament and last will men-
tioned since her decease, and in case of the death or absence from the
State of one or more of the said trustees the survivors or survivor of
them or such as shall remain within the State shall be and are hereby
invested with the like powers and authorities which are herein before
given to the said trustees jointly, provided always and it is the true
intent and meaning of this act that the said trustees shall well and truly
account ivith the said devisees and legatees of the said Elizabeth Rich-
ards, or their lawful representatives for the proceeds of the said sales
so to be by them made as aforesaid and shall distribute and pay over
the said proceeds (after reasonable and necessary charges and expences
being deducted) to the said devisees and legatees or their lawful repre-
sentatives according to the interests proportions and shares to them
respectively devised bequeathed and given in and by the said testament
and last will of the said Elizabeth Richards deceased provided always
flie*bond^ that the said trustees before any sale or sales shall be made in pursu-
tn Chan- ance of this act shall enter into bond in such manner under such pen-
^^' alty and with such security as the Court of Chancery, or one of the
masters thereof shall direct for the faithful performance of the trust
hereby in them reposed.
Proviso, as
to ac-
counting
by trus-
tees.
Proviso;
CHAP. 44.
Preamble.
8uperTi»-
orsof
Queens
county to
lery tax
for build-
inir a court
house and
gaol.
AN ACT for building a court house and gaol in Queens county
and for repairing the court house and gaol in Suffolk county
and for other purposes.
Passed the 31st of March, 1785.
Whereas the court house and gaol of the county of Queens have
been destroyed.
Be it enacted by the People of the State of New York represented in Sen-
ate and Assembly and it is hereby enacted by the authority of the same That
the supervisors of the several towns and districts in the said county for
the time being shall and they are hereby authorized and required to
direct to be raised and levied on the freeholders and inhabitants of the
said county a sum not exceeding two thousand pounds for building a
court house and gaol in the said county with the additional sum of nine
Chap. 44.J EIGHTH SESSION. 85
pence in the pound for collecting the same; which said sum shall be
raised levied and collected in like manner as the other necessary and
contingent charges of the county are levied and collected.
And he it further enacted by the authority aforesaid That the said Meeting of
supervisors of the county of Queens shall meet for the purpose of direct- o^ff'^**"
ing the said sum of two thousand pounds to be raised and levied at the '^t^'^v^JJJ?
dwelling house of Benjamin Cheeseman at North Hempstead in the said ^
county on the first Tuesday in May next and it is hereby made the duty
of the clerk of the super\-isors of the said county to notify the said
supervisors of such meeting.
And be it further enacted by the authority aforesaid That the said sum Tax, when
of two thousand pounds, shall be collected and paid into the treasury [ected^d
of the said county of Queens in manner following that is to say the first p*^*^*
moiety thereof on or before the first day of July next and the other
moiety thereof on or before the first day of March next.
And be it further enacted by the authority aforesaid That the said court Court
house and gaol for the said county of Queens shall be erected and built ^o\^^^
at or near the house of Benjamin Cheesman in North Hempstead. ^^^ ^
And be it further enacted by the authority aforesaid That it shall be *^®'^^'^
lawful for the judges of the inferior court of common pleas for the said Court of
county of Queens or a majority of them, and it is hereby declared to be p?^to"
the duty of such judges for the time being to superintend and direct juperin-
the building of the said court house and gaol- in the said county by struction.
virtue of this act, in such manner as shall appear to them most eligible
consistent with good oeconomy and the interests of the said county, and
that the said judges or a majority of them shall and may contract with
workmen, purchase materials, and employ an overseer, or overseers of
such workmen, and from time to time to draw upon the treasurer of the
said county for such sums of money for the purposes aforesaid as shall
come into the treasury by virtue of this act, and the said treasurer is
hereby required out of the monies aforesaid to pay to the order of the
said judges the several sums of money to be by them drawn for, and it
is hereby made the duty of such judges to account with the supervisors
of the said county for the monies by them to be received when there-
unto required.
And be it enacted by the authority aforesaid That the inferior court of Courts,'
common pleas and general sessions of the peace for the county of heid^untu
Queens shall be held at such place in the township of Jamaica as the g^^^
judges of the inferior court of common pleas of the said county or the 00m-
majority of them shall determine until the court house aforesaid shall p^®'®^-
be built and fit for the purposes aforesaid.
And whereas it is necessary that the court house and gaol in Suffolk Preamble,
county should be repaired.
Be it further enacted by the authority aforesaid That the supervisors Supervis-
of the several towns and districts for the time being in Suffolk county suTiroik
shall be and they hereby are authorized at their next meeting or at any fevy^iaxto
other subsequent meeting within the present year to cause to be raised repair the
levied and collected off and from the freeholders and inhabitants of the S^uso and
said county a sum not exceeding three hundred pounds for repairing «»«* • ^o
the court house and gaol in the said county besides the expence of col- tru'S«w8 to
letting the same which said sum shall be raised levied and collected in the tSud"^"
like manner as the other contingent charges of the county are raised and repairs,
collected and be paid to the treasurer of the said county for the time being
and the said supervisors are hereby authorized and impowered to appoint
one or more trustee or trustees to cause the said court house and gaol
to be repaired in such manner as the said supervisors shall deem suf-
86 LAWS OF NEW YORK. [Chap. 45.
ficient and to inspect examine audite and pay all the accounts for work-
manship or labour done or any materials found or provided for repairing
the said court house and gaol and that the said county treasurer for the
time being shall pay to such trustee or trustees from time to time such
sum or sums of money as he or they shall require for repairing the said
court house and gaol not exceeding in the whole the sum of three hun-
dred pounds, and that the trustee or trustees to be appointed as afore-
said shall from time to time exhibit to the supervisors of the said county,
accounts of the expenditures of the monies which shall be by him or
them received from the county treasurer for repairing the said court
hous»e and gaoL
CHAP. 45.
AN ACT to confirm the several partitions of lands within the
patent of New-Paltz in the county of Ulster.
Passed the 31st of March, 1785.
Preamble; WHEREAS Edmond Andros Esquire Seigneur of Saus marez, Leuten-
nai patent ^^' ^^^ Governor General under his Royal Highness James Duke of
M New York and Albany, and of all his territories in America, by letters patent
or grant, bearing date the twenty ninth day of September one thousand
six hundred and seventy-seven, did give, ratify, confirm and grant unto
Lewis Du Bois and partners, that is to say. Christian Deyo, Abraham
Hasbroecq, Andries Lefevre, Jean Broecq, Peirre Deyo, Laurens Beverie,
Anthony Crespel, Abraham Du Bois, Hugo Frere, Isaac Du Bois and
Simon Lefevre, a certain tract of land situate in the county of Ulster
aforesaid, and which said tract of land is in the said letters patent
described as follows, that is to say, a certain piece of land at Esopus
lying on the south side of the Rondout creek or kill, beginning from the
high hills called Moggonck, from thence stretching south east near the
p-eat river, to a certain point or hook called the Jeufifrous Hook lying
in the Long Reach, named by the Indians Magaatramis, then north up
• along the river to an island in a crooked elbow in the beginning of the
Long Reach, called by the indians Raphoosten, west on to the high hills
to a place called Waratahoes and Tawarataque and so along the said
high hills south west to Moggonck aforesaid.
Id.; affree- And whereas Abraham Du Bois, Hugo Freer, Jacob Freer, Andre
t!?een rep- Lefevre, Samuel Bevier, Daniel Du Bois, Jacob Hasbrouck, Isaac Lef-
J«J2I»JJ- evre, Jean Lefevre Solomon Hasbrouck, Henry Deyo, Daniel Hasbrouck,
the orig!- Yan Een, Hugo Freer Junior, Abraham Bevier, Lewis Bevier, John
n^ patent- Teerpenning, Elizabeth Een, Sarah Een, Maria Magdalena Een, Mattys
Sleght Junior, Abraham Deyoe, Christian Deyoe, and Anthony Yelver-
ton, being then the whole, or a very great majority, both in point of
numbers and interest of the persons interested in the lands, intended to
be granted by the said letters patent, did make and under their hands
and seals exectute a certain instrument in writing as follows, to wit,
" To all Christian People to whom these presents shall come^ or in any ways
" may concern Greetings Whereas Edmond Andros Esquire Seigneur of
" Saus marez, late Governor General under his Royal Highness James
" Duke of York and Albany &c. of all his territories in America, by his
"letters patent bearing date the twenty-ninth day of September in the
" year of our Lord, one thousand six hundred and seventy-seven, did
"give, ratify, confirm and grant unto Lewis Du Bois and partners, that
Chap. 45.] EIGHTH SESSION. 87
"is to say, Christian Deyoe, Abraham Hasbroecq, Andries Lefevre, Jean
**Broecq, Pierre Deyoe, Laurens Bevier, Anthony Crispel, Abraham
** Du Bois, Hugo Freer, Isaac Du Bois, and Simon Lefevre, their heirs
''and assigns all that certain piece of land, lying on the south side of
"the Roundout creek or kill, beginning from the high hills called
"Moggonck, from thence stretching south east near the great river, to
^ a certain point or hook called the Jeuffrows Hook, lying in the Long
"Beach named by the Indians Magaatramis, then north up along the river
"to an island in a crooked elbow in the beginning of the Long Beach
" called by the Indians Raphoos, then west on to the high hills to a place
"called Waratahoos and Tawarataque, and so along the said high-hills
"south west to Moggonck aforesaid, to hold unto the said Lewis Du Bois
" and partners, their heirs and assigns, to the proper use and behoof of him,
" the said Lewis Du Bois and partners their heirs and assigns forever. And
" whereas the aforesaid pattentees in their life time^and since their decease,
"their several heirs or assigns, have severally according to their just rights
"and interests therein, held, enjoyed and improved some part of the afore-
"^d land and premises commonly^ known by the name of New Paltz,
"according to the several divisions and partitions that have been made
** between them by paroll without deed, and the other parts thereof yet
" remaining in common and undivided Now Know Ye, that we whose
"names are underwritten, and who have signed and sealed these presents
"being owners and interested in the aforesaid patent, for the good order,
" regulation, benefits and profits of the freeholders and inhabitants in the
" said patent, as likewise for the maintaining, preserving, defending and
" keeping whole and entire the full right, title, benefits, properties and
"advantages belonging or in anywise appertaining unto the aforesaid
"freeholders and inhabitants by virtue and authority of the abovemen-
" tioned patent and of the several conveyances and last wills and testa-
" ments of the aforesaid patentees and of their heirs and assigns, and
" for the making good and firm the aforesaid divisions and partitions
" made by the aforesaid patentees in their life time, and since their
"decease by their several heirs and assigns, and for making a further
" and more perfect division and partition of the undivided lands and
" premises now lying in common and undivided, and imimproved within
" the bounds of the aforesaid patent, have thought fit and convenient,
" and we do by these presents covenant and grant to and with each
"other, that there shall and may be, yearly and every year, forever
"hereafter, chosen and elected for the purposes abovementioned by
"the plurality of votes of the freeholders and inhabitants within the
"aforesaid patent, twelve good, able and sufficient men, freeholders and
"inhabitants who have an interest within the said patent representing
"the aforesaid twelve patentees, that is to say, out of every of us who
"are owners and occupiers, or hath a right in each of the aforesaid
"patentees shares respectively one, which election shall and maybe held
"yearly and every year att New Paltz aforesaid on the first Tuesday in
" April, and in case any of the freeholders being so chosen and elected
"as aforesaid, refuse, deny and will not serve, that then he shall provide
''one, who is likewise an owner and hath a right in the same patentees
"share in his stead, and place, who not being produced, or doth not
" appear within a fortnight after the election to be held as aforesaid ^hen
" the other elected men shall nominate and take one who is an owner
"and hath a right within the said patentees share, to act in his stead
" And we do by these presents, every of us severally in behalf of our-
" selves, our heirs executors administrators and every of them and not
"jointly, give grant and bequeath unto the aforesaid twelve men, or the
88 LAWS OF NEW YORK. [Chap. 45.
"major part of them, to be elected and nominated in manner as aforesaid
'* full power and authority to act and set in good order and unity, all com-
" mon affairs, businesses or things coming before them, belonging to or
"concerning the right title interest or property of the township of the
** New Paltz aforesaid, and commonalty within the said patent, accord-
** ing to law or equity, and to thp best of their knowledge and under-
** standing. And that if it should so happen that the aforesaid twelve
** men to be elected as aforesaid, should disburse any money for charges
. ** or other expences for defending and preserving the right title interest
" and property of the township of the New Paltz aforesaid, and the com-
" monalty within the said patent, that then we and every of us respect-
" ively according to our respective rights and interests m the aforesaid
" patent shall bear and pay an equal proportion of the aforesaid charges
" and expences so been at by the aforesaid twelve men or any of them
" and that they the said twelve men shall and may give deeds of par-
**tition or other proper conveyances in law for the confirmation and
** ascertaining each mans just share and devidend of the aforesaid divi-
** ded land and premises according to the aforesaid several divisions and
" partitions thereof made by the aforesaid twelve patentees in tlieir life
" time, and by their several heirs and assigns since their decease ; and
"we do by these presents further give and grant unto the aforesaid
" twelve men, to be elected and nominated as aforesaid, or the major
" part of them, full power and authority to make a further and more
"perfect division and partition of the aforesaid undivided land and
" premises or so much thereof as they shall from time to time see cause for,
" or think convenient, which division is to be made in manner and form
" following, that is to say, that the said undivided land and premises, or
" such part thereof as they, shall from time to time see cause for, or think
" convenient, shall be laid out in twelve equal shares and divisions, so
" that the one is not of more value than the other, and then the afore-
" said twelve shares or divisions, shall be numbered, and then the afore-
" said twelve men shall draw lots for the same, wid such share or divis-
" ion as falls to the lots of the aforesaid twelve men respectively, shall
" be and remain to the proper use benefit and behoof of us who are
"properly interested in the respective patentees share, they are so
"elected and chosen for according to our just shares and interests
" therein, for which the aforesaid twelve men are to give deeds of con-
" veyance for the same, and that the same shall stand and remain as a
" full and perfect partition and severance for the same, and that after
" such partition and allotment made in manner as aforesaid, we whose
"names are under subscribed, and who have signed and sealed these
" presents respectively and our heirs and assigns shall stand to and agree
" to the said partition and allotment so to be made in manner as afore-
" said, according to the true intent and meaning of these presents, and
" shall permit and suffer the same to stand, remain and abide, in its full
" strenght * and force forever, as if we ourselves had been present and
" consented thereto and gave deeds of partition for the same, and that
" the said twelve men, or such thereof as there shall be others chosen in
"their stead, at the end of the year shall be accountable to the new
" elected, and so yearly and every year forever hereafter, and so having
" faithfully served, they shall be duly and lawfully dismissed and dis-
" charged for their proceeding in behalf of the township and common-
"alty as aforesaid; and now for the true performance of all and singu-
" lar the articles covenants and agreements as aforesaid, so far as the
* So in Uie original.
Chap. 45.] EIGHTH SESSION. 89
"same are to be performed by us severally and respectively, each and
"every of us whose names are hereunder subscribed, do and doth sev-
**crally bind himself his heirs executors and administrators in the sum
"of fifty pounds current money of the province of New York, to be
"paid unto each and every the other of us his heirs executors and
" administrators upon the nonperformance of any of the articles cove-
" nants and agreements aforesaid, which on our several and respective
"parts are to be done and performed according to the true intent and
"meaning of these presents, In witness whereof we have hereunto of
"one assent and consent set our hands and affixed our seals this twenty-
"first day of April in the first year of his majesties reign Annoq. Dom.
"one thousand seven hundred and twenty eight."
And whereas in consequence of the said instrument in writing, the id. ; p«ti-
freeholders and inhabitants within the said patent, have annually from by JS™****
the time of the execution of the said instrument in writing, hitherto twelve
elected twelve persons in the manner and for the several purposes men- record
tioned in the said instrument in writing, and which said persons so **»«'«o^
elected, have generally been distinguished, by the appellation of the
twelve men, or the twelve trustees, and the said twelve men, so from
time to time elected, did meet and convene, and conceiving themselves
▼ested with sufficient authority for the purpose by virtue of the said
instrument m writing, did, at some of the said meetings, make partition
of different parcels of the lands contained with the said letters patent,
and minutes, or a journal of the proceedings of the said twelve men, so
from time to time covened, as far forth as such proceedings did relate
to the said several partitions, were entered in a book, which was always,
as a kind of record, deposited with a discreet freeholder within the said
patent to that purpose from time to time appointed by the said twelve
men, and which said book hath been submitted to an inspection and
examination by the legislature, and the same in order to preserve the
authenticity thereof and that the intent of this act may be carried into
effect, hath, lately by the twelve men, elected for the present year, been
deposited with surveyor general of this State, in whose custody the
same doth now remain.
And whereas Simon Du Bois, Jacobus Hasbrouck, Johannis Freer, Id.; peti-
Jacob Hasbrouck, Junior, Abraham Donaldson, Abraham Eltinge, iJ^ai^i^ * *
Petnis Hasbrouck, Samuel Bevier, Benjamin Deyoe, Isaac Lefever, *"^«
Mathew Lefever and Abraham Ein, the twelve men, elected for the
present year, have presented their petition to the Legislature, suggesting
several of the matters herein before recited, and further suggesting, that
no deeds of partition or other conveyances, having ever passed between
the several persons interested in the said patent, for vesting in them in
severalty, the several allotments which on the said several partitions fell
to their shares respectively, and the said book, and correspondent pos-
session, being the only evidence of the said several partitions, the
petitioners were advised, that the said several partitions wpre therefore
materially defective in law ; and farther suggesting that no controversy
liad as yet arisen between the several persons interested in the said
patent, with respect to their title in severalty to their respective allot-
ments, that the petitioners were nevertheless induced to apply to the
Legislature to confirm the said several partitions, least the interference
of the Legislature after such controversies had arisen, and suits com-
menced in consequence thereof, might appear to favour the claims of
one of the parties in preference to the other, the petitioners did there-
fore, in order to preserve peace among the inhabitants of the said
patcat, to promote the improvement and settlement of the same, and
Vol. 2. — 12.
90 LAWS OF NEW YORK. [Chap. 45.
finally to prevent the injurious litigation to which the petitioners, and
others interested in the said patent would be otherwise exposed ; pray
for a law to confirm the said several partitions.
And whereas the Legislature have taken the said petition into consid-
eration and have thought fit that the prayer thereof should be granted
therefore
Partitions Be it enacted hy the People of the State of New York represented in
New^lts Senate and Assembly and it is hereby enacted by the authority of the same^
made by That the Said several partitions, mentioned and specified in the said
meo^aod^^ book, shall be and hereby are ratified and confirmed ; and that where,
thetr^ook ^^ either of the said several partitions, any lots or parcels of lands
of miD- were allotted or fell to or to the respective parts or shares of the
SeSTand'' said several twelve original patentees, in the said Letters Patent
owa^lnned. named, the said several twelve original patentees shall be deemed,
. and hereby are declared, to have been seized, severally in fee simple of
the said lots or parcels of land respectively, as from and immediately
after the issuing the said Letters Patent, in like manner as if, imme-
diately after the issuing the said letters patent, deeds of partition had
in due form of law, for vesting the same in severalty in fee simple in
the said twelve original patentees respectively, been made and executed
by and between them the said twelve original patentees ; And that where
on either of the said several partitions any lots or parcels of land were
allotted, or fell to, or became the part or share of any person, not being
one of the said twelve original patentees, such person shall be deemed,
and hereby is declared, to have been seized in fee simple, as from and
immediately after such partition, of the lots or parcels of land which
was so allotted or fell to, or became the part or share of such person,
in like manner as if all the other persons, then having a right or interest
in such lot or parcel of land, had, immediately after such partition, by
conveyance made and executed in due form of law, granted, released
and conveyed in fee simple their respective rights and interests, of in or
to such lot or parcel of land, to the person to whom, or to whose part
or share, the same, on such partition was allotted or fell.
MlDuta And be it further enacted by the authority aforesaid^ That it shall and
the^weifo ^^Y t>€ lawful for the surveyor ^neral of this State, and he is hereby
"h°' tobe^^^**^'^^ ^^ retain the said book m his custody, until a convenient time
deroSted: after the passing of this act, and then, having first subscribed a certifi-
erkleSoe/ ^^^^ ^^ ^^ written in the said book, and purporting that the said book
is the book, meant and intended in and by this act, to deliver the same,
with his proper hand, to the clerk of the county of Ul^er, for the time
being, who is hereby authorized and required to receive and deposit the
same in the office of the said clerk, there to remain for ever; and that
the said book, or a copy thereof certified by the clerk of the said county
for the time being, and attested by a credible witness, who shall have
compared the same with the original, shall in all cases be admitted and
received as evidence of the several partitions therein specified or mcn-
ProTtoo. as tioned. Provided always^ that this act, nor any clause or thing therein
^KiSe by contained, shall affect or be deemed or construed to afiect the right title
v^^' interest or possession of any person or persons claiming or holding, by
virtue of any other grant or letters patent in anywise howsoever, pro-
Id.: partt- vided nevertheless that in all controversies between parries claiming under
ha^ same the partition hereby confirmed, and parties claiming under .any other
miSe In ^ g'^"*^ <>' letters patent, this act and the partidon hereby confirmed, shall
due ooune be deemed and adjudged to be as good evidence of an estate in sever-
oommoQ ^^y> under the said Paltz-patent, as if such partition had been made,
law. according to the course of the common law.
Chap. 46 J EIGHTH SESSION. 91
CHAP. 46.
AN ACT establishing and regulating ferries across the Elast
river, between the counties of Queen's and Westchester.
Passed the 31st of March, 1785.
Be it enacted by the People of the State of New York^ represented in Richard
Senate and Assembly, and it is hereby enacted by the authority of the sanie, ^©riJed'to
That it shall and may be lawful for Richard Sands of Cow-Neck in J^^'^J^JJJ
Qneen's county, his heirs executors and administrators, to set up, keep th?BiSt**
and maintain a ferry across the East river, from such place on the lands oJ^'^Keck.
of the said Richard Sands near Sands's Point at Cow-Neck aforesaid, as
shall be most convenient for the purpose for and during the term of
seven years from the time of the passing of this act.
And be it further enacted by the authority aforesaid. That it shall Ferries at
and may be lawful for the justice or justices of the peace resident in the SijNew*^
several townships of Oysterbay in Queen's county and New Rochelle ?^**?IJ®'
in Westchester county, and the overseers of the poor of (he said respec- h^**
tive townships, or a majority of them, to lease for any term not less «r"»*«<i'
than four nor exceeding seven years, the right and priviledge of setting
up, keeping and maintaining a ferry from their respective townships
across the East-river, to such landing places in the said two counties as
are herein aftermentioned ; that is to say, that the ferry-boat from the
township to Oysterbay shall and may land at such dock or landing-place
in the township of Rye in Westchester county, as the ferry in the said
township of Rye shall or may by law, be kept; and that the ferry-boat
from the said township of Rye shall and may land at such dock or land-
ing-place in the said township of Oysterbay, as the ferry in the said
township of Oysterbay shall by virtue of this act, be kept ; that the
ferry-boat which shall be kept by the before-mentioned Richard Sands,
his heirs executors or administrators, shall and may land at such dock
or landing-place in the township of New Rochelle, as the ferry in the
said township of New Rochelle shall by virtue of this act, be kept; and
that the ferry-boat from the said township of New Rochelle shall and
may land at such dock or landing-place at Cow-Neck aforesaid, as the
said Richard Sands his heirs executors or administrators, shall erect and
keep, as is herein aftermentioned. And that it shall and may be law-
ful for the justice or justices of the peace resident in the several town-
ships of Oysterbay and New Rochelle, and the overseers of the poor of
the said respective townships, or a majority of them, to lease for any
term not less than four nor exceeding seven years, to such person or
persons and at such yearly rent, as they shall deem proper, the right and
priviledge of setting up, keeping and maintaining a ferry across the
East-river to and from the respective townships before mentioned; and
the rent to be reserved as aforesaid, shall be applied towards the main-
tenance and support of the poor of the respective townships aforesaid.
And be it further, enacted by the authority aforesaid. That the said Richard
Richard Sands, his heirs executors and administrators, shall, if he or ^aitiona
they shall set up a ferry by virtue of this act, erect a convenient dock ^ hj fui-
or landing-place on such part of the lands of the said Richard Sands
near Sands's Point at Cow-Neck aforesaid, as shall be most suitable for
the purpose ; and shall by writing under hand and seal, covenant and
agree with the overseers of the poor of the township of North-Hamp-
stead in Queen's county, for the time being, that he the said Richard
92 LAWS OF NEW YORK. [Chap. 46.
Sands his heirs executors and administrators shall and will keep and
maintain a good and sufficient ferry, and will not take or receive nor
suffer to be taken or received any greater price or rate of ferriage than
are herein after allowed to be received or taken; and shall also pay to
the overseers of the poor of the township of North-Hampstead for the
time being, for the use of the poor of the said township; such annual
rents as shall previously be agreed on by and between the said overseers
of the poor for the time being, and the said Richard Sands. And that
the justice or justices of the peace resident in the said several townships
Oyster Bay of Oysterbay and New Rochelle, and the overseers of thfe poor of the
Swhefie, said respective townships, for the time being, or a majority of them, in
offran-*^"* the leases to be by them respectively made, shall covenant and agree
chis© for with the person or persons to whom they shall respectively lease the
ferry. j.jg|^^ ^^^ priviledge of setting up and keeping a ferry as aforesaid, that
such person or persons, shall during the term of his or their said lease,
keep support and maintain a sufficient ferry-boat, ready at all reasonable
times and seasons, to carry and transport the persons and articles fol-
lowing and at the rates following, that is to say; from the township of
Rate of Oysterbay to the township of Rye, and from the township of Rye to the
e age. township of Oysterbay, for each man and horse, six shillings; for a foot
passenger if one only, three shillings ; if more than one then each, two
shillings; for a horse and chair with travellers, eight shillings; for every
head of neat cattle, two shillings; for every sheep, calf or hog, six pence;
for a sled and two horses, with travellers, ten shillings, for a sled and
one horse with travellers, eight shillings ; and so in proportion for other
things; and from the ferry to be kept by the said Richard Sands his
heirs executors or administrators, to the township of New Rochelle, and
from the township of New Rochelle to the place at which the ferry shall
be kept by the said Richard Sands, his heirs, executors or administrat-
ors, for the persons and articles before enumerated at and after the rate
of one third less than is before affixed as the rates or prices of ferriage
for such articles and persons.
Penalty And he it further enacted by the authority aforesaid^ That if the above
fng*e]^»- mentioned Richard Sands, his heirs, executors or administrators, or any
give fer- ferry-man or person employed by him or them, or any other person or
**^ persons whatsoever to whom the right and priviledge of setting up and
keeping a ferry shall be granted in pursuance of this act, or the ferry-
man, or person employed by them respectively, shall take exact or
receive any greater or higher rates for transporting persons, goods and
chatties or other things whatsoever, than are herein before limitted and
established; he or they, or any of them, so offending, shall forfeit and
pay for every such offence, the sum of twenty shillings ; to be recovered
in any court within this State, having cognizance thereof, by any person
Proviso, as who shall sue for the same. Provided always^ that nothing herein before
wnera. contained, shall be construed to exclude any person or persons living
or inhabiting on the shores of the said East river within the cdunties of
Queen's and Westchester, from the right of carrying and transporting
themselves and their goods and chatties respectively in their own boats
without paying any rate of ferriage.
Penalty for And he it further enacted by the authority aforesaid^ That if any person
izedfer^'^ or persons shall set up, keep or maintain a ferry, or shall carry or trans-
ria«e. port any person, goods or chatties for hire or pay, across the E>ast-river
between the said counties of Queen's and Westchester, other than such
person or persons as shall be authorized to set up and keep a ferry in
pursuance of this act, and other than such person or persons as shall
keep and maintain a ferry across the aforesaid river, by virtue of any
Chap. 47.] EIGHTH SESSION. 93
patent or charter-right heretofore granted for the purpose and not since
annulled or vacated; such person or persons shall for every such offence,
forfeit and pay the sum of two pounds, to be recovered in any court
within this State, having cognizance thereof, by any person who shall
sue for the same.
And be it further enacted by the authority aforesaid, That at the expi- Cow Neck
ration of the term hereby granted to the said Richard Sands his heirs Shise'for"'
executors and administrators for setting up and keeping a ferry in the ^ expira-
manner aforesaid ; or if the said Richard Sands, his heirs executors or rijtht of
administrators shall sooner decline neglect or refuse to keep and main- fin^f*
tain such ferry, it shall then be lawful for the justice or justices of the
peace resident in the aforesaid township of North-Hampstead and the
overseers of the poor of the said township, or a majority of them, to
lease the right and priviledge of setting up and keeping a ferry from
the said township of North-Hamp5tead to the township of New Rochelle,
in like manner and under the same rules and regulations, as are herein
before prescribed for the townships of Oysterbay and New Rochelle.
Provided always, that nothing in this act contained shall be deemed or Proyiso, m
construed to extend to or affect any ferry or ferries now kept to the t^y®^®"
westward of the township of Flushing in Queen's county, or to the c^^ain
westward of Frog's Neck in Westchester county ; any thing herein before ™
contained notwithstanding.
Umlta.
CHAP. 47.
AN ACT for the punishment of persons, who shall in the city
and county of New York, by false pretences obtain any monies
goods, wares or merchandize from any person, with intent to
cheat or defraud such person.
Passed the 31st of March, 1785.
Whereas evil-disposed persons do frequently go to shops and stores Preamble,
in the city of New York, and purchase or take up goods, wares and
merchandize of various kinds, in the name of other persons without
their knowledge or consent.
Be it enacted by the People of the State of New York represented in obtaining
Senate and Assembly, and it is hereby enacted by the authority of the same, JSSe pre^
That any person who, from and after the passing of this act, shall tenses, an
knowingly and designedly, by false pretence or pretences, obtain from °'*^*®'
any person or persons, any monies goods, wares or merchandize or other
effects whatsoever, with intent to cheat or defraud such person or per-
sons of the same, shall be deemed an offender against this act, and shall
be punished in manner hereinafter directed.
And be it further enacted by the authority aforesaid. That the mayor, Offeudera,
recorder or either of the Aldermen of the city of New York, upon any hSndeS^'^
person's being charged on oath, with having committed an offence tried and
against this act, shall and may issue a warrant for the apprehending where* blii
such offender. And in case any person so charged as aforesaid, and '^^^ K^von-
being apprehended, shall not forthwith give good and sufficient bail for
bis or her appearance at the then next general quarter-sessions of the
peace Xoht. held for the said city and county of New York, then and
there to answer the offence or offences wherewith he or she shall be
charged, such person so charged shall be committed to the common
gaol of the said city and county : And in case any person shall be so
committed, and being kept in the said gaol for the space of forty eight
94 LAWS OF NEW YORK. [Chap. 48.
hours, from and after such commitment, shall not give such good and
sufficient bail for his or her appearance at the then next genersd quarter
sessions of the peace, to be held for the said city and county of New
York, then and there to answer for the offence or offences wherewith
he or she shall be charged ; then, and in such case, it shall and may be
lawful for the mayor, recorder and aldermen of the city of New York
for the time being, or any three of them, whereof the mayor or recorder
to be one, forthwith to hear and determine the offence or offences com-
mitted by such offender as aforesaid : and the said offender being con-
victed by confession on the oath of one or more credible witness or
witnesses, the said mayor, recorder and aldermen or the major part of
them, and if only three appear, any two of them agreeing, are hereby
authorized to give judgment against the said offender so convicted as
aforesaid, to have and receive such corporal punishment (not extending
to life or limb or exceeding thirty-nine lashes) as they in their discretion
shall think proper ; or to commit such offender to Bridewell pursuant
to an act passed at this present meeting of the Legislature, entitled "An
act for the more easy assessment of taxes, for prolonging the court of
general sessions of the peace, altering the mode of punishment in cer-
tain cases of petit larceny in the city and county of New- York and for
the confinement of vagrants and common prostitutes to hard labor ; '*
and after such offender or offenders shall have received such punish-
ment, he or she shall be immediately discharged without paying any fees.
Id.: when And be it enacted by the authority aforesaid^ That in case any person,
^en; trial ^^^ ^^ be charged with an offence by this act intended to be pun-
and pun- ished, and being apprehended for the same, shall within the time allowed
iBhmeDt. i^y ^j^jg ^^^ for^hat purpose, give good and sufficient bail for his or her
appearance at the then next general quarter sessions of the peace, to be
held for the said city and county, then and there to answer the offence
or offences, he or she shall be charged with ; then and in such case, the
said sessions shall take cognizance of the same, and on such offender or
offenders being indicted and convicted, shall give such judgment as the
said mayor, recorder and aldermen might have given in case the said
offender had been tried and convicted by them as before mentioned
which said judgment, the said court is to cause to be put in execution
in like manner as the judgment of the mayor, recorder and aldermen
is directed to be executed : and after the offender shall have received
his or her punishment, he or she shall be immediately discharged as
Hiphtof aforesaid. Savings nevertheless^ to the person or persons injured by
pnMenredf ^"^^ deceit, such remedy by suit at law, for the same monies goods,
wares, merchandize or effects so fraudulently obtained, as he or she
might have had if this act had never been made ; any thing in the same
contained to the contrary in any wise notwithstanding.
CHAP. 48.
AN ACT for the relief of John Thompson.
John
Thomp- Passed the 31st of March, 1785.
soQ, oer-
gjojo"^ Be it enacted by the People of the State of New York represented in
lands of Senate and Assembly, and it is hereby enacted by the authority of the same^
Bayard^to '^^^^ ^^ ^^ ^^^ "^^^ ^^ lawful for the commissioners of forfeitures of
be (jTanted the southern district of this State to give John Thompson of the city
uoM?"^*" of New York merchant the preemption of the estate late of William
CHAP.49.J EIGHTH SESSION. 95
Bayard in a house and lot or toft of ground in Queen street in the city
of New York forfeited to the people of this State by the attainder of
the said William Bayard and now in the occupation of the said John
Thompson and that the value of the said house and lot or toft of
ground shall be ascertained b^ the said commissioners provided that
2ie said John Thompson apphes for the purchase thereof within one
month after the passing of this act, that upon payment of the sum in
gold, or silver, or bills of the new emission only at which the said house
and lot or toft of ground shall be appraised it shall be lawful for the
said commissioners to convey to the said John Thompson all the right
of the people of this State to the said house and lot or toft of ground
which accrued by the attainder of the said William Bayard in like man*
ner as they are directed to convey other forfeited property. That in
case the sum at which the said house and lot or toft of ground shall be
purchased shall not be paid in gold or silver or bills of the new emission
only to the said commissioners within thirty days after such purchase
shall have been made the said commissioners shall proceed to sell the
said house and lot or toft of ground as they might have done before the
passing of this act and out of the monies arising from such sale to pay
to the said John Thompson such sum as he shall have advanced for
necessary repairs of the said house since the first day of December one
thousand seven hundred and eighty three.
CHAP. 49.
AN ACT to amend an act entitled "An act for the speedy sale
of the confiscated and forfeited estates within this State, and
for other purposes therein mentioned," passed the 12th of May,
1784.
Passed the 31st of March, 1785.
Whereas by the seventh section of the above said act entitled *' An rreambie;
act for the speedy sale of the confiscated and forfeited estates within mentfby
this State, and for other purposes therein mentioned/' it is required, puipch«»ew
that whenever the commissioners of forfeitures shall make sale of any fitted'
lands, tenements or hereditaments, by public vendue or private sale, the ••^*te«.
person or persons to whom such sale be made, shall immediately pay
unto the said commissioner or commissioners, one third part of the pur-
chase money, and the remaining sum due, on or before the first day of
June in the year one thousand seven hundred and eighty five; and it
appears that the aforesaid time of payment, may in many instances
prove too short and inconvenient.
Be it enacted by the People of the State of New York^ represented in Sen- One-third
«* and Assembly^ and it is hereby enacted by the authority of the same^ pSJ^hie
That in all sales of forfeited estates to be made by the commissioners money to
of forfeitures, to any person or persons whatever, after the passing of tilm^f **
this act, such person or persons so purchasing shall immediately pay to "^^i .^^
the said commissioner or commissioners, one third part of the purchase nine
naoney, and the remaining sum due, within nine months from the time ™ontht.
of such sale.
And be it further enacted by the authority aforesaid^ That with respect Preemp-
OQ such tenants on lands, who would by law be entitled to the pre- JlS^i
cmption of the right of soil in the lands in their possession respectively,
96 LAWS OF NEW YORK. [Chap. 50.
on an appraisement in the usual manner, if they could obtain the requis-
ite certificate, they shall nevertheless be entitled to such pre-emption,
notwithstanding such tenants shall not produce such certificate: pro-
Proviso; vided such tenants shall apply to the commissioners, to have the bene-
preemp'- ^^ hereby intended, within four months after the passing of this act:
tioQ lim- and provided also that such tenants shall not be permitted to make any
Id.; jroid payments for the lands purchased by them on such appraisement, in
or 'silver paper currency or in public securities; but shall make the whole of the
wceimL payments, in gold or silver only : and in the cases of such tenants, the
residue of the purchase money, after the first payment, shall be deemed
to bear an interest at the rate of seven per cent per annum, from the
date of the conveyance from the commissioners.
And for the better securing the payment in all cases, of the residue
of the said purchase money,
Bonds Be it further enacted by the authority aforesaid^ That on the delivery
g?ven for of the conveyance by the commissioners, the grantees shall respectively,
purohase^' execute a bond in the usual form, to the commissioners in their own
money, name, for the payment of the said residue of the said purchase money,
time'^of* ** and the commissioners shall endorse on such bond, a description of the
aa^ pro- lands, in payment for which the said bond shall have been taken:
to en?w)e and which bond shall contain a warrant of attorney in the usual form,
bonds. tQ confess a judgment thereon. And if default shall be made in the
payment of the principal sum specified in the condition of such bond
with the interest thereof, in cases where such principal sum shall be
deemed to bear an interest as herein before mentioned, it shall be the"
duty of the commissioners, to cause a judgment to be entred up on
such bonds in the inferior court of common pleas of the county where
the lands, in payment for which such bond shall have been given, shall
lie, and to proceed to execution on such judgment, and always in the
first instance, by fieri facias: and all conveyances or mortgages, made or
executed by the said obligors respectively, of the said lands conveyed to
them, and all judgments against the said obligors after the conveyance
to them from the commissioners, and before the whole of the monies
made payable by the said bonds respectively, shall be paid and satisfied,
as far forth as such conveyances, mortgages or judgments, may tend
to delay or defeat the payment of the said monies, shall be deemed and
hereby are declared to be fraudulent and void.
CHAP. 50.
AN ACT vesting the real estate of Benjamin Moore Senr late
of the city of New York sailmaker deceased in trustees for the
payment of his debts and for other purposes therein mentioned.
Passed the 31st of March, 1785.
Preamble; Whereas the aforesaid Benjamin Moore Senr at the time of his death
tore of^he ^^^ seised of a considerable real estate in the city of New York, which
estate of by his last will and testament he authorized and empowered his execu-
Benjamin ^^^^ ^^^ ^^ survivors and survivor of them and the executors and admin-
Sr°*eaied >strators of such survivor to sell and dispose of for payment of his just
have^one debts and to divide the remainder equally among his children and
enemy. '^* whereas John Moore the only surviving executor of the last will and
testament aforesaid and one of the children and devisees of the said
Chap. 50.] EIGHTH SESSION. 97
Benjamin Moore Senr deceased hath departed from this State together
with the widow and child of Benjamin Moore Junr deceased one other
of the said children and devisees and whereas it hath been represented
to the Legislature on the part and behalf of the other children and
devisees of the said Benjamin Moore Senr deceased, that the aforesaid
John Moore and Benjamin Moore Junr having gone over to the enemy
during the late war had possession of the said estate and either occupied
the same or received the rent's and profits thereof to their own use
leaving the debts of the said Benjamin Moore Senr unpaid, and his will
unperformed and that the interposition of the Legislature has become
necessary to invest the said estate in certain trustees who may account
with the said John Moore and the representatives of the said Benjamin
Moore Junr and sell the same estate for payment of the testators debts
and the performance of his last will and testament
Be it enacted by the People of the State of New York represented in
Senate and Assembly, and it is hereby enacted by the authority of the same.
That all and singular the real estate wheresoever and whatsoever of the vested la
said Benjamin Moore Senr deceased within this State shall be and it is J^*Jg^
hereby vested in fee simple in William Goforth James Beekman and purposes
Archibald Currie as joint tenants and their heirs in trust that they the ^J3S|5£
said William Goforth James Beekman and Archibald Currie and the
survivors -and survivor of them shall sell and dispose of the same estate
and every part and parcel thereof to the best advantage with in two
years from the passmg of this act, and apply the purchase money or
produce thereof in the first place to paying the just debts of the said
Benjamin Moore Senr deceased in such course and order as the same
would be payable according to the regular course of admin istation and
if there shall be any overplus after payment of such debts then in trust
to distribute the same to and among the children of the said Benjamin
Moore Senr and their lawfull representatives according to his last will
and testament.
And be it further enacted by the authority aforesaid, That the said Trustees
trastees or survivors or survivor of them shall within thirty day's after JJ^n^tSe
the parsing of this act cause an advertisement to be published in two or absent
more of the public new's paper's printed in the city of New York and J? 1ui*iS?
to be continued in the same papers at least eight weeks successively counting,
(mce in each week thereby requiring the aforesaid John Moore and the
executors or administrators of the said Benjamin Moore Junr to account
with them the said trustees or the survivors or survivor of them at the
expiration of six calender months from the date of such advertisement
for the use and occupation of the said estate and the rents and profits
thereof by them the said John Moore and Benjamin Moore Junr and
each of them at any time before had taken or received.
And be it further enacted by the authority aforesaid. That the said Trustees,
trastees or the survivors or survivor of them shall at the expiration of the ^^5,*^^?
said six months proceed to take an account of such sums as shall appear from no-
to be due from or chargeable to or against the said John Moore and the Sout^^to
representatives of the said Benjamin Junr respectively on account of the pJJ^^
use and occupation of the said estate and the rents and profits thereof, counting.
by them the said John Moore and Benjamin Moore Junr and each of
them so as aforesaid had taken or received which account shall be made
up in the presence of the said John Moore and the executors or adminis-
trators of the said Benjamin Moore Junr if they think proper to attend
and upon the examination of such papers documents and witnesses as
they the said trustees shall deem necessary ; and upon such account the
said stuns due or chargeable as aforesaid shall be debited to the said
Vol. 2. — 13
98 LAWS OF NEW YORK. [Chap. 51.
John Moore and the representatives of the said Benjamin Moore Junr
respectively and they shall be entitled to receive from the said trustees
no more of the purchase money or produce of the said estate then what
after such debits will make their respective shares of the said estate
equal with those of the other children and devisees of the said Benja-
min Moore Senr deceased.
Trustor to And be it further enacted by the authority aforesaid^ That the said
chancery." trustees shall before they exercise any of the powers to them hereby
given, file in the Court of Chancery a bond in such penalty and to such
person or persons as the chancellor shall think fit, conditioned for the
faithful discharge of the trust and powers in them hereby vested and to
render an account of the said estate when thereunto required.
Timeai- And be it further enacted by the authority aforesaid That the said
trustee to trustees or the survivors or survivor of them shall make a final settle-
complete ment of their said trust within two years and three months from the
their • r ^t.* a.
duties, passmg of this act.
CHAP, 51.
AN ACT enabling the sheriff and other peace officers df Dutch-
ess couhty to imprison and confine certain debtors and crimi-
nals in the gaol of Ulster county.
Passed the 4th of April, 1785.
Preamble; Whereas the gaol of the county of Dutchess was lately destroyed by
Dutchess f^rg^ and it is necessary that the legislature should interpose and make
jaU°de- some provision for the confinement as well of criminals as of such
stroyed by ^g^tQ^g who shall not or cannot give bail to civil process. Therefore —
Sheriff of Be it enacted by the People of the State of New Vorky represented in
^"*Sty" Senate and Assembly y and it is hereby enacted by the authority of the sanie^
may con- That the sheriff and other peace officers of the county of Dutchess shall
SnereVn" ^nd may imprison and confine in the gaol of Ulster county all and every
Ulster criminal and criminals, debtor and debtors which the said sheriff or any
jai"!**^ other of the peace officers of the said county of Dutchess lawfully
might or could have imprisoned and confined in the gaol of the said
county in case the same had not been consumed by fire as aforesaid.
Room In And te it further enacted by the authority aforesaid^ That the sheriff
bi®i^" ^ of the county of Ulster aforesaid, shall permit the sheriff and other
signed by peace officers of the county of Dutchess to imprison and confine such
oFuisSr* criminals and debtors in such one of the rooms of the said gaol of
county. Ulster county as the first judge of the inferior court of common pleas
of the said county of Ulster, or in case of his death any one other of
the judges of the said court shall assign for that purpose; and the said
judge to whom application shall be made by the said sheriff of Dutchess
for the purpose aforesaid shall and is hereby required immediately upon
such application to assign such room as aforesaid.
Imprison- And be it further enacted by the authority aforesaid That the imprison-
S wwtof* ment or confinement of all such criminals as aforesaid shall be at the
Dutchess charge and costs of the county of Dutchess aforesaid; and that all
risWor debtors and criminals imprisoned or confined as aforesaid shall be
sheriff. deemed to be imprisoned and confined at the risque of the sheriff of
Dutchess county aforesaid who shall be accountable for escapes in like
manner, as other sheriffs of any other of the counties of this State.
Chap. 52.] EIGHTH SESSION. 99
CHAP. 52.
AN ACT to g»ant to Isaac Van Wyck, and others an exclusive
right of keeping stage waggons on the east side of Hudsons
river between the cities of New York and Albany for the term
of ten years.
Passed the 4th of April, 1785.
Whereas Isaac Van Wyck, Talmagc Hall and John Kinney have, by Preamble.
their petition prayed that on account of the great expence and labour
attending the undertaking, an exclusive right of carrying on a stage
from the cities of New York and Albany might be granted them for the
tenn of ten years.
And whereas the erecting a stage as aforesaid will tend to promote
the ease and benefit of the people of this State.
Be it enacted by the People of the State of New York represented in Sen- Tsaao Vmn
ate and Assembly and it is hereby enacted by the authority of the same. That Jjera"**^
die said Isaac Van Wyck, Talmage Hall and John Kinney, and their fifivon sole
respective executors administrators and assigns, shall have hold possess Junning a
and enjoy and are hereby given granted and allowed the sole and exclu- Jjjfen jj^^
sive right, liberty and permission for the term of ten years, the same to York and
commence on the first day of June next to erect set up carry on and the eaat*°
<lrive at all time and times hereafter during the term aforesaid all and sj^e «>' **>«
every such stage waggon or waggons from the said cities of New York aity forin-
and Albany respectively to the other on the east side of Hudsons river Jjjjj,^%f
as they may judge sufficient for the purpose of accommodating such a their
number of passingers as may from time to time apply, and that it shall ©Slere.^^'
not be lawful for nor shall any other person or persons upon any pre-
tence whatever presume during the term aforesaid to erect set up carry
on .or drive any stage waggon or waggons or any other carriage or
carriages for the like purpose from the said cities respectively under the
penalty of two hundred pounds to be recovered by any person or per-
sons who shall prosecute for the same together with costs in any court
of record having cognizance of the same.
And be it further enacted by the authority aforesaid That the said Isaac Two stages
Van Wyck Talmage Hall and John Kinney their executors administra- Jates ?or*^'
tors and assigns shall furnish and provide at least two good and sufficient p*8»«n-
covered stage waggons to be drawn each by four able horses, for the 6awtaSe;
purposes aforesaid. And that the price for each and every passenger ouiff^*'^
therein shall not exceed four pence per mile including the liberty of
carrying fourteen pounds weight of baggage: that for every one hun-
dred and fifty pounds weight of baggage a like sum of four pence per
mile shall be paid for the same; and so in like proportion for every
greater or less quantity. And that such stage waggon or waggons shall
proceed at least once in every week during the said term of ten years
on the passage or journey aforesaid from the respective cities aforesaid,
onless the same are prevented by the badness of the roads or some
uncommon accident, provided always that in case the said Isaac Van
Wyck, Talmage Hall and John Kinney their executors administrators
or assigns shall neglect or refuse to do and perform the duties aforesaid
according to the true intent and meaning of this act, that in such case
this act shall cease and be null and void.
100
LAWS OF NEW YORK.
LChap. 54.
Treasurer
to pay sum
specified
into the
treasury of
the United
States;
partia
specie and
part in cer-
tiiloates.
CHAP. 53.
AN ACT directing the treasurer of this State, -to pay into the
treasury of the United States 147,734 9-90 dollars.
Passed the 4th of April, 1785.
Be it enacted by the People of the State of New York represented in
Senate and Assembly, and it is hereby enacted by the authority of the same.
That the treasurer of this State be and he is hereby required to pay into
the treasury of the United States, out of any monies which may be in
the treasury of this State unappropriated after the first day of May
next the three fourth parts of one hundred and forty seven thousand,,
seven hundred and thirty-four dollars, and nine ninetieths of a dollar
in specie, amounting to one hundred and ten thousand and eight hun-
dred dollars and fifty-one ninetieths of a dollar, and the one fourth
part of the said sum of one hundred and forty seven thousand seven
hundred and thirty- four dollars and nine ninetieths of a dollar, amount-
ing to thirty six thousand, nine hundred and thirty-three dollars, and
forty-eight ninetieths of a dollar, in certificates, agreable to the requisi-
tions of the United States in Congress assembled by their acts of the
twenty seventh and twenty-eighth of April, one thousand seven hun-
dred and eighty-four, and to charge the same to the United States: And
the treasurer of this State is hereby required from time to time to trans-
mit to the Continental Loan office within this State, all such logji ofi&ce
certificates, issued out of the said loan office, as now are or shall from
time to time come into his hands, and all other certificates of liquidated
debts of the United States, which by any law of this State, are, or may
be made receivable into the treasury, and to have the interest due
thereon settled and certified to the last day of the year one thousand
seven hundred and eighty-two, and to obtain from the loan-officer a
certificate or certificates for such interest, agreably to the aforesaid
acts of the United States in Congress assembled, and out of such cer-
tificates to pay the said sum of thirty six thousand, nine hundred and
ithirty three dollars and forty-eight ninetieth parts of a dollar, being
the one fourth part of the abovementioned requisition.
CHAP. 54.
Hawking
and ped-
dliDfr pro-
hibited;
penalty.
AN ACT to restrain hawkers and pedlars.
Passed the 4th of April, 1785.
Be it enacted by tJie People of the State of New York represented in Sen--
ate and Assembly and it is hereby enacted by the authority of the same^
That from and after the first day of July next no person or persons
shall or may use or exercise the profession or calling of a hawker or
pedlar in this State ; under the penalty of five pounds for each offence
to be recovered with costs in any court having cognizance lo try the
same; the one half of which said penalty shall go to the person or per-
sons who shall sue and prosecute for the same, and the other half to the
poor of the town manor district or precinct where the offence shall be
Chap. 55.] EIGHTH SESSION. 101
committed; provided always^ that this act shall not be construed to ProTieo ;
debar any person or persons from carrying conveying or selling any goods bar ^n»n
wares or merchandize of the growth produce or manufacture of this J^^™ •«"-
State or of any other of the United States of America; and that all duce'Sf
salts to be brought for any offence against the true intent and meaning s^to?**^
of this act shall be brought within thirty days after the offence shall be
committed.
CHAP. 55.
AN ACT to enforce the payment of certain monies assessed in
Queens county during the late war.
Passed the 4th of April, 17S5.
Whereas it hath been represented to the legislature that the justices Preamble;
and vestry in the several late parishes in Queens county did in the SJ^Se?*
course of the war proceed in pursuance of laws of the late colony to for the
direc^the assessing and raising sums of money for the support of the ^JSens
poor within their respective parishes. That assessments were made and 2^y«°*y*w
delivered to the several collectors. That many persons from motives war.*** *
of benevolence and humanity readily paid the sums assessed upon them
whDe others refused and have not yet paid any part of the sums due
from them according to such assessments. That debts were contracted
for supplies furnished to said poor which still remain unpaid. In order
therefore that equal justice may be done and the debts incurred fdr the
support of the p)oor aforesaid discharged.
Be it enacted by the People of the State of New York represented in .
Senate and Assembly and it is hereby enacted hy the authority of the satne m2uifn7"
That the supervisors of the several townships in Queens county shall as unpaid to
soon as conveniently may be after the passing this act deliver copies of ed and^p-
the assessments and issue their warrants to the several collectors of their piled to the
respective townships requiring such collectors to levy and collect such poor,
several sums as shall appear to the said supervisors to be due and unpaid
by the said several persons within their respective townships according
to such assessments as aforesaid made by the justices and vestry of the
parish within which such township then was during the late war. That
the several collectors shall proceed in levying and collecting the several
sums by them to be collected in like manner as is directed in and by
the act entitled "An act for the settlement and relief of the poor "
passed the seventeenth day of April one thousand seven hundred and
eighty four and shall pay the monies so by him to be collected into the
hands of the overseers of the poor of the townships to which such col-
lector shall belong.
And be it further enacted by the authority aforesaid That the supervis- Collectors
orsof the several townships in Queens county aforesaid shall and they are JjJi^afd^
^eby required to institute suits for monies received to the use of their overmon-
several townships, in any court having cognizance of the same against i^to^be*^*^
2117 person or persons who did during the late war collect and receive prosecuted
fny monies by virtue of any assessment or assessments made by the
Mces and vestry of any parish in the said county within which such
township then was and who did not pay such monies into the hands of
the then church wardens of such parish. And the monies so recovered
^ by the said supervisor be paid to the overseers of the poor of the
townships to which such supervisor doth belong.
102
LAWS OF NEW YORK.
[Chap. 56.
Overeeeni
of the
poor,
dutv of. In
applylog
monies
collected.
Proviso;
as to for
felted
estates.
And be it further enacted by the authority aforesaid That the over-
seers of the poor of the respective townships aforesaid shall out of the
monies to by them received by virtue of this act pay and discharge ali
and every sum and sums of money which shall be due and unpaid to
any person or persons within such respective townships either for
monies advanced or supplies furnished to or for the use of the poor of
the parish in which such township then was, at any time or times dur-
ing the late war upon such person or persons producing satisfactor}'
proof, of the justice of his her or their demand; and the remainder of
the monies (if any there shall be) shall be by them respectively retained
and applied to such further uses as the exigency of the poor of the said
township may require. Provided always that nothing in this act contained
shall extend or be construed to authorize, for the satisfaction of any
such tax, the sale of any lands tenements or hereditaments, or of any
personal estate forfeited to or vested in the people of this State by the
attainder or conviction of any person or persons whomsoever.
CHAP. 56.
Congress
may pro-
hibit com-
meroe with
foreign
States,
where no
treaty
exists.
Proviso,
as to con-
sent of
nine States
Proviso;
that no
duties shall
be laid by
OoDgress.
AN ACT to vest the United States in Congress assembled with
power to prohibit the importation and exportation of goods
wares and merchandize, agreably to their act of the 30th of
April 1784.
Passed the 4th of April, 1785.
Be it enacted by the People of the State of New York^ represented in
Senate and Assembly^ and it is hereby enacted by the authority of the sanUy
That the United States in Congress assembled be, and they hereby are
vested for the term of fifteen years with power to prohibit any goods
wares or merchandize from being imported into or exported from any
of the United States, in vessels belonging to or navigated by the sub-
jects of any power with whom these States shall not have formed treaties
of commerce, and also with power of prohibiting the subjects of any
foreign state kingdom or empire, unless authorized by treaty, from
importing into the United States, any goods wares or merchandize,
which are not the produce or manufacture of the dominions of the
sovereign whose subjects they are. Provided that to all acts of the
United States in Congress assembled in pursuance of the above powers
granted to them, the assent of nine States shall be necessary, and pro-
vided also, that this act shall not take effect or be binding on this State
until the different legislatures in the several States, shall have vested
the United States in Congress assembled with similar powers. And
provided also^ that nothing in this act contained, shall be construed to
enable Congress to raise or collect any revenue or duties within this
State without the sanction of the legislature, any thing in this act con-
tained to the contrary thereof notwithstanding.
Chap. 58.J EIGHTH SESSION. 103
CHAP. 5T.
AN ACT for granting certain privileges to the township of
Platsburgh.
Passed the 4th of April, 1785.
Be it enacted by the People of the State of New Yorky represented in Plattsburg,
Senate and Assembly ^ and it is hereby enacted by the authority of the same^ ereSed.'
That the several tracts of patented lands, lying on the west side of Lake
Champlain, at a place called Cumberland Bay and Cumberland Head .
in Washington county, bounded north by Beekmans patent, west by
unpattented lands, south by unpattented lands and a tract of land
granted to Peter Stuart, and east by Lake Champlain, be, and the same
are hereby made one township by the name of Platsburgh.
And be it enacted by the authority aforesaid^ That the freeholders and Freehold-
inhabitants of the said town of Platsburgh, shall be and hereby are J^oose
vested with power to chuse annually a supervisor, assessors, town clerk, t^n
collector, commissioners for laying out high- ways, overseers for keeping towameet-
m repair high-ways, overseers of the poor, fence viewers and pound- ***«*•
master. And the freeholders and inhabitants of the said township shall
meet together on the third Tuesday in June next, at the house of Charles
Piatt in the said township, and then and there, by plurality of voices,
elect the town officers above named, to continue in office until the first
Tuesday in April then next following, at which day a new election for
town officers shall take place, and the election thereafter for town offi-
cers, shall be held annually in the said township on the first Tuesday in
April at the place abovenamfid, until such time as a majority of the
freeholders and inhabitants thereof at any such meeting, shall agree
upon some other place of meeting for tjie following year; and then such
place so to be agreed upon, shall be the place of annual meeting for the
purposes aforesaid, until the same shall be altered in manner as aforesaid.
And be it enacted by the authority aforesaid. That it shall and may be ZephanfAh
lawful for Zephaniah Piatt Esquire and his associates to take as much fhoriwld to
ore out of the iron ore-bed on the west side of Lake Champlain near take ore
Crown Point, and reserved to the people of this State, as they shall have th^peopie
occation to manufacture in the said township for a term not exceeding gJa^^f
ten years, on such conditions as the commissioners appointed by the act
entitled "An act for granting certain lands promised to be given as
bounty lands by the laws of this State and for other purposes therein
mentioned passed the nth of May 1784," shall deem expedient.
CHAP. 58.
AN ACT supplementary to the act entitled " An act to empower
justices of^the peace, mayors, recorders and aldermen to try
causes to the value of ten pounds and under, and to repeal
sundry acts therein mentioned," passed nth of April 1782.
Passed the 4th of April, 1785.
Be it enacted by the People of the State of New York represented in Writs of
Senate and Assembly y and it is hereby enacted by the authority of the same JJJyoreri
That no writ of certiorari or writ of erroi, which after the passing of to review
this act, shall issue out of the Supreme Court of this State, in any suit, Kgsonn-
104
LAWS OF NEW YORK.
[Chap. 58.
feriorlo<;al
courts.
Proviso;
as to issu-
ance of ez-
eouttoD
where writ
of error or
certiorari
served.
Double
costs al-
lowed
where
writ of
error or
certiorari
dismissed.
Magis-
trates not
to try suits
in taverns ;
If done,
judgment
Persons
prosecut-
ing or de-
fending to
be sworn
as to com-
pensation.
Defendant
barred of
all counter
claims, if
not set up
in defense.
Proviso;
where bal-
ance ex-
ceeds ten
pounds.
Adjourn*
ments,
where
material
witness
absent.
or action, wherein a final judgment shall have been given by any magis-
trate by virtue of the. act entitled "An act to empower justices of the
peace mayors recorders and aldermen to try causes to the value of ten
pounds and under and to repeal sundry acts therein mentioned " passed
nth of April 1782, shall be deemed sufficient to stay execution in such
suit or action ; any law usage or custom to the contrary hereof in any
wise notwithstanding. Provided always^ that no execution on any such
judgment as aforesaid shall issue after such magistrate shall have been
served with a certiorari or writ of error, in such suit or action, unless
the party in the suit or action, in whose favour a judgment shall have
been obtained, shall have given such security as may be satisfactory to
the magistrate before whom the suit or action was tryed, to restore the
debt or damages for which such judgment had been obtained, with the
interests and costs, in case where such judgment shall be reversed.
And he it enacted by the authority aforesaid^ That Whenever any per-
son or persons shall bring a certiorari or writ of error, on any judg-
ment of a magistrate in any action commenced in pursuance of the said
act, if judgment shall be given in the court of errors against such per-
son or persons, so having brought a certiorari or writ of error, he or
they shall pay to the adverse party, double costs of such suit in error,
to be recovered by execution to be issued out of the said court of errors
for that purpose.
Be it further enacted by the authority aforesaid^ That from and after
the first day of May next, it shall not be lawful for any magistrate to
try a suit or action in a tavern by virtue of the aforesaid act. And that
any magistrate offending in the premises shall be deemed and adjudged
guilty of a misdemeanor, and his judgment in such suit or action shall
be void.
And be it further enacted by the authority aforesaid^ That no person
shall be permitted by any magistrate to prosecute defend or plead in
any suit or action to be tried by virtue of the said act unless such per-
son so offering or appearing to prosecute defend or plead as aforesaid
shall previously swear (or if of the people called Quakers affirm) before
such magistrate, that he has not received or taken, nor will directly or
indirectly receive or take any fee or reward for the same.
And be it furt/ier enacted by the authority aforesaid^ That in all civil
causes that may be brought in pursuance of the said act after the first
day of May next, before any magistrate, if the defendant or defendants
in such suit or action shall neglect or refuse to plead and give in evi-
dence his her or their account or demand, if any, he she or they have
against such plaintiff or plaintiffs, that in all such cases the defendant
or defendants so neglecting or refusing to plead and give in evidence
his her or their account or demand as aforesaid shall forever thereafter
be precluded from having or maintaining any action or actions against
such plaintiff or plaintiffs for the recovery of such account or demand
or any part thereof. Provided always, that where the ballance found to be
due to the defendants, exceeds the sum of ten pounds, that in every
such case, the defendant shall not be precluded or debarred from recov-
ering his account or demand against such plaintiff in any other court of
record having cognizance of the same.
And be it further enacted by the authority aforesaid, That in case the
defendant shall make oath, or if of the people called Quakers, affirma-
tion, that he cannot for the want of some material evidence and witness
safely proceed to trial, the magistrate shall in that case postpone the
trial for such reasonable time, as will enable the defendant, to procure
such evidence or witness, provided such time shall not exceed three
Chap. 59.] EIGHTH SESSION. 105
V
months. And provided also, that such defendant beforje he shall be Proviso;
entitled to have the trial postponed as aforesaid, shall previously give SJ^Jh™^
sufficient surety, to the said magistrate to appear and answer the said caae.
action, and to pay the debt or damages and costs in case a judgment
shall be given.
CHAP. 59.
AN ACT for giving relief to lessees deprived of the benefit of
their leases during the late war.
Passed the 5th of April, 1785.
Whereas divers persons who have held leases for terms of years. Preamble;
were by reason of the invasion of the late enemy compelled to abandon {|5j|^^,^'
the possession before the terms of such leases were expired, whereby possession
they were deprived of the use or profits of the houses lands or tene- SuruST^
ments so leased, and are liable to pay the rents or penalties reserved or **»« ^ar.
incurred thereby, and some such persons have been prosecuted and put
to expence by reason thereof. Therefore
Be it enacted by the people of the state of New York represented in Tenants of
Senate and Assembly^ and it is hereby enacted by the authority of the same, dii^h^E^ed
That all and every person and persons having taken a lease or leases for of all rents
houses lands or tenements before the fifteenth day of September one STtfeST'*'
thousand seven hundred and seventy six and having been necessiated
to abandon the same by reason of the invasion of the fleets or armies of
the king of Great Britain or his allies, and having not at any time since
voluntarily put him hec or themselves under the protection of the said
fleets or armies until a cessation of hostilities between the United States
of America and the said king of Great Britain and his subjects, shall be
exonerated released and discharged from the payments of such rents or
arrearages of rent or penalties reserved made payable or incurred by
such leases, while he she or they were out of the possession and did not
enjoy the benefit thereof.
And be it further enacted by the authority aforesaid That in all or Actions
every suit or suits which have been or shall be commenced and prose- j2n^"how
cuted on such lease or leases for rent or arrearages thereof or penalties defended,
which have arisen accrued or been incurred on the same, while he she
or they were out of the possession, and did not enjoy the use or benefit
thereof by reason aforesaid, all and every such person and persons
lessees as aforesaid, who now are or hereafter shall be prosecuted on any
of the said leases, may give this act and the special matter in evidence
in his her or their defence.
And be it further enacted by the authority aforesaid That wheresoever No execu-
a judgment has already been obtained on any such lease as aforesaid, i^ued un-
00 execution shall issue until the plaintff or plaintiffs in such suit or tii scire
action shall previously have issued a scire facias against the defendant 8uedU)^e-
or defendants in such suit or action, to shew cause why he or they J^"^^^
should not pay the debt or damages recovered in such suit or action ; cause; de-
aad on which scire facias the defendant may give this act and the may then
special matter aforesaid in evidence, in manner and form mentioned in interpose
/ ,. , ' defense
toe preceding clause. as above.
And be it enacted by the authority aforesaid That the lessors, (and their Lessees to
^ representative or representatives respectively) shall have the like rilhts*"*
wacdy against the occupiers their heirs executors or administrators against
Vol. 2. — 14
106
LAWS OF NEW YORK.
[Chap. 6o.
occupiers respectively of the lands and tenements so by them leased to the said
M ownera lessees, the objects of this law, as the respective lessees would have had
against during the continuance of such leases respectively.
CHAP. 60.
Preamble;
monies due
on loans
made by
the State
when a
colony.
Parts of act
mentioned
repealed ;
loan offi-
cers to pro*
ceed under
act speci-
fied.
Loan offi-
cers, to
whom to
account.
KEiyor.
etCnOr
New York
to certify
AN ACT to enable persons to discharge debts due to this State
for monies loaned while this State was a colony.
Passed the 7th of April, 1785.
Whereas sundry persons are still indebted unto this State in conse-
quence of loans of money made by the Loan officers of the late Colony
of New York by virtue of an act entitled " An act (for emitting the sum
of one hundred and twenty thousand pounds in bills of credit to be
put out in loan and to appropriate the interest arising thereon to the
payment of the debts of this colony, and to<such public exigencies as
the circumstances of this colony may from time to time render neces-
sary/' passed the i6th February 1771,
And whereas it would be proper to l^eceive in payment of the monies
due on the mortgages given by the Tespective persons to whom the
monies were loaned, such certificate and certificates as are made receiv-
able on the sale of lands sold by the commissioners of forfeitures at
public vendue by the fifth sectidh of the act entitled " An act for the
speedy sale of the confiscated estates within this State and for other
purposes therein mentioned," passed the 12th May 1784.
I. JBe it enacted by the People of the State of New York represented in
the Senate and Assembly^ and it is hereby enacted by the authority of the
same That the second and third clauses ot the act entitled " An act for
the indemnification and further direction of the Loan officers in the
several counties in this State," passed 9th April 1782, be and they are
hereby repealed ; and that the respective loan officers in the several
counties in this State, and the several persons who may be appointed
loan officers, in case of a vacancy of such officers, are hereby directed
and required respectively to proceed in transacting and completing the
business required of them in and by an act entitled **An act for emitt-
ing the sum of one hundred and twenty thousand pounds in bills of
credit to be put out on loan, and to appropriate the interest arising
thereon to the payment of the debts of this colony, and to such public
exigencies as the circumstances of this colony may from time to time
render necessary" passed the i6th of February, 1771.
II. And be it further enacted by the authority aforesaid That the loan
officers of the respective cities and counties within this State and the
persons who may be appointed to such offices in case of vacancy are
hereby directed and required to render an account of all their proceed-
ings relative to the duties assigned to them by the act last mentioned
to the mayor recorder and aldermen of the city of New York or the
major part of them, and to the judges of the inferior court of common
pleas in the several counties in this State, or any one or more of them
and the supervisors or the major part of them respectively under oath
whenever required by the said persons to do the same.
III. And be it further enacted by the authority aforesaid That the said
mayor recorder and aldermen of the city New York or the major part
of them, and the said judges and supervisors as before mentioned, shall
Chap. 6o.] EIGHTH SESSION. • 107
and they are hereby directed and required to certify the monies due moniesdue
from the city of New York and counties in this State respectively, to state*
the treasurer of this State, on or before the first day of October next, treasurer.
IV. And be it enacted by the authority aforesaid That it shall be law- whatmon-
ful for the respective loan officers, and the persons, in case of vacancy iiSoatesto
who may be appointed to those offices, to receive from the respective ^I^*^®*
persons who are or may be indebted unto this State for monies loaned charge of
by virtue of the act aforesaid at any time and place the said loan offi- {j^iS ™i^
cers may appoint for that purpose before the first day of October next, Colony of
gold or silver, or such certificates as are made receivable on the sale of ^^ *^^
lands sold by the commissioners of forfeitures at public vendue, by the
fifth section of the before mentioned act passed 12th May 1784; and
that it shall not be lawful for them to receive any other kind of money
or certificates in payment or discharge of the monies due as aforesaid. —
Provided always that in case the monies are not paid as aforesaid, on or JJJ^ji!?'
before the said first day of October next, the said loan officers shall sell mentatobe
the premises mortgaged for the monies loaned in the respective loan ocw)be/
offices, for gold or silver only, and shall give conveyances for the same, fl»t, or
in the mode prescribed in and by the aforesaid act. lo^aofd.
V. And be it further enacted by the authority aforesaid That the said Loan offl-
loan officers and persons who may be appointed in case of vacancy of Sfuu^8*to
those officers respectively, shall pay to the treasurer of this State the JSwIePeb.
monies and certificates received by them on or before the first day of ruary first.
Febraary next and in case of neglect or refusal they shall be respect-
ively liable to the penalty of five hundred pounds to be recovered by
the treasurer of this State in his own name for the use of the people
thereof in an action of debt in any court of record having cognizance
of the same, with costs of suit.
VI. And be it further enacted by the authority aforesaid That it shall ^*"J®\
be lawful for the respective loan officers or the persons who have acted coimt wtt'h
as loan ofiicers to pay to the treasurer of this State the monies they 1""^?""
have received in the same species of money received by them, and they species of
shall respectively take an oath, and if of the people called Quakers an ^Yv^by"
affirmation, well and truly to do the same: And in case of death of any them.
of the loan officers or the persons who have acted as loan officers
respectively, it shall be lawful for the legal representative or representa-
tives of the said persons to pay the same kind of money that their
respective testators or intestates received, on taking an oath,, or if the
people called Quakers an affirmation, that to the best of their knowledge
and belief the said species of money was received by their respective tes-
tators or intestates. Provided that it shall not be lawful for the treasurer
to receive from the said persons respectively any paper money received
by them after the ninth day of April one thousand seven hundred and
eighty two.
VII. And be it further enacted by the authority aforesaid^ That it shall ComTOnsa-
be lawful for the loan officers to retain out of the monies and certificates officers,
respectively to be received by them, or the person or persons who may
be appointed to execute these offices at and after the rate of two pounds
ten shillings on every hundred pounds and no more.
VIII. And be it further enacted by the authority aforesaid. That in every Certain
case where lands tenements and hereditaments have been sold since the foatf oi-
ninth day of July one thousand seven hundred and seventy six, by any S5"oid?*'^
loan officer in the southern district of this State for default of payment
of money due on loan from any person or persons who left the southern
district of this State by occasion of the invasion of the late enemy, and
remained withou* the same during the late war, that the said sale or sales
108 LAWS OF NEW YORK. [Chap. 6o.
shall be null and void, and the said persons respectively may pay the
monies so loaned by them in the money and certificates made payable
by this act —
Mayor. IX. And be it farther enacted by the authority aforesaid^ That the
New York mayor recorder and aldermen of the city of New York or the major
tS certain^ P^^^ ^^ ^^^"^ ^^ \i2,\t. the same powers as are given to the justices and
poweiB. vestry of the city of New York in and by the said act passed the i6th
day of February 177 1. —
InJ^««ton X. And be it further enacted by the authority aforesaid That any estate
ixiortfrases mortgaged to the loan officers on which the houses and buildings have
abated. \i^^n bumed or destroyed in the course of the late war, the interest due
on any such mortgages by such citizens of this State as have not during
the war resided within the enemies power and lines shall be abated from
the fifteenth day of September one thousand seven hundred and seventy
six, until the nineteenth day of April next. —
Jacobus XI. And be it further enacted by the authority aforesaid^ That Jacobus
and John* X^n Zandt and John Targe who have offered in payment loan office
ceraing^'*' bills, for the discharge of their respective mortgages in the loan office,
loans to. b« permitted to pay the amount of the sums so by them respectively-
offered in the said bills, and that they be discharged from the mortgages
given by them respectively to the amount of the sum so offered in pay-
ment as aforesaid, provided that it shall be proved by the oath of the
said Jacobus Van Zandt and John Targe respectively that such bills
were offered in payment as aforesaid before the ninth day of April one
thousand seven hundred and eighty-two.
John Peter XII. And be it further enacted by the authority aforesaid That John
exonerated Peter Testard shall be and is hereby declared to be exonerated and dis-
tain^mort- ^^^^ged of and from the debts and interest due from him to this State,
crafiree. as an acknowledgment and compensation for his pay and rations, and
the services he has rendered to the United States; and that the mort-
gages he has given to the loan officers for such debts are hereby declared
to be vacated annulled and discharged.
Loanoffl. XIII. And be it further enacted by the authority aforesaid That the
uin ooun^' loan officers of the counties of Suffolk Kings Queens and Richmond be
nifled fo™ ^"^ ^^^ ^^^ hereby declared indemnified for and on account of having
acts spec!- received in payment for monies due to this Stale in the year one thou-
*®^* sand seven hundred and eighty two and before the first day of May one
thousand seven hundred and eighty three the bills of credit emitted and
made receivable in pursuance of the herein before mentioned act, passed
on the sixteenth day of February one thousand seven hundred and sev-
Proviao; enty one; provided that the loan officer or officers, or person or persons
to be?nade acting as loan officer or loan officers shall declare and subscribe on oath,
bythem. or if the people called Quakers on affirmation, that the said money
was well and truly within the time aforesaid received by him or them,
without any favor or affection, and without any previous notice or
knowledge of the act entitled "An act for the indemnification and fur-
ther direction of the loan officers in the several counties within this
State" passed 9th April 1782.
Preamble: And whereas it is represented to the legislature that Jeffrey Smith,
J^ffrey^** who acted as a loan officer of Suffolk county, was robbed of, or had
foan'oiBcer ^^''^^^^7 taken from him in the year one thousand seven hundred and
for Suffolk eighty three a large sum of money which he had received in pursuance
county. Qf ^j^g gg^j^ ^^j passed the sixteenth day of February one thousand seven
hundred and seventy one, and it is deemed unreasonable that he should
sustain the loss occasioned by such robbery. Therefore
Chap. 6i.] EIGHTH SESSION. 109
Be it further enacted by the authority aforesaid That the said Jeffrey Jeffrey
Smith shall be, and he is hereby declared to be exonerated and dis- cSaln^**"
charged of and from the payment (into the treasury of this State) of the from lia-
said sum of money of which he has been so robbed as aforesaid ; pro- monef olr
mied that he shall prove by sufficient and satisfactory evidence to one ^J^^^J^b^^
or more of the judges and to the major part of the supervisors of the
said county, that he the said Jeffrey Smith lost or was robbed of the
said money in the manner aforesaid ; and provided also that the said >
Jeffrey Smith shall also make oath that the sum of money of which he
was so robbed as aforesaid was the same money which he received into
the loan office aforesaid, and that the same was not, nor had any part
thereof been exchanged for any other money whatsoever.
CHAP. 61.
AN ACT to appoint the place of holding the supreme court of
judicature of this State in future and to prolong the terms
thereof, and for other purposes therein mentioned.
.Passed the 7th of April, 1785.
Whereas by the laws of this State it is-ordained that the supreme Preamble;
court of judicature shall begin sit and be held in the city of New York Jfn^ofthe
at the four several times following to wit, on the third Tuesdays of supreme
January, April and October, and on the last Tuesday of July in every ^^^
year; and that the said several terms or sittings of the said court should
be held and continue as follows to wit the terms of October and April
from the times of their commencement aforesaid every day (except
Sunday) until the end of Saturday in the next ensuing week.
And whereas by law the person administring the government of this
State for the time being is empowered to appoint the place for holding
the said supreme court in pursuance of which law the governor did by
proclamation appoint the city of Albany to be the place for holding the
said court
And whereas for the more equal distributioh of justice to the citizens
of this State it is now become necessary that two of the said terms or
sittings should be in future at the said city of Albany, and two of them
at the city of New York,
And whereas the continuance of the said terms or sittings during the
short spaces of time aforesaid is attended with great delay of justice.
Therefore ;
Be it enacted by the PeMe of the State of New York represented in Two olt-
^enate and Assembly and tt is hereby enacted by the authority of the same; hei?eaoh*
That for the future the said supreme court shall begin sit and be held year in
it the city of Albany at the two several times following, to wit, on the twoin^
last Tuesday of July and the third Tuesday in October in every year New York
and at the city of New York the two several times following to wit^ on
the third Tuesday of January and April in every year.
And be it further enacted by the authority aforesaid. That the said Duration
sercral terms or settings of the said court shall in future be held and SJi^terSia.
continued during the spaces of time following to wit, the terms of Octo-
ber and April from the times of their commencement aforesaid every
<iay (except Sunday) until the end of the Saturday in the third week
next ensuing, and the terms of January and July from the times of
110 LAWS OF NEW YORK. [Chap. 62.
their commencement aforesaid every day (except Sunday) until the end
of Saturday in the next ensuing week; provideJiYisX whenever the busi-
ness of the court shall be completed the court may adjourn until the
next term without sitting until the end of the term.
Next term And be it further enacted by the authority aforesaid That the next
fn^Tpru*^ supreme court of judicature to be held on the third Tuesday of April *
Albany. next shall be held at the city hall of the city of Albany any thing in
this act to the contrary thereof notwithstanding,
i^h day And be it further enacted by the authority aforesaid That each and
be^rSum every day of the said terms or sittings (except Sunday) shall be a
day- return day.
Office of And be it further enacted by the authority aforesaid That the office
in^New***® of the clerk of the said supreme court shall be kept and held in the
deputy to ^^^^ ^^ ^^^ York and that the said clerk shall appoint a deputy clerk
be appoint- of the said court which said deputy shall keep and hold an office in the
Aibwiy. ^**y ^^ Albany wherein writs, process, pleadings papers and records of
Proviso; the said court shall and may be filed. Provided nevertheless the said
f^r'toN^^w ^^^^^ process pleadings, papers and records which shall be filed in the
York of all office of the said deputy as aforesaid shall once in every six months be
Pn iSbwIy? removed from the office of the said deputy, and lodged in the office of
the clerk of the said supreme court in the city of New York aforesaid.
Amount of And be it further enacted by the authority aforesaid, That the sum of
tain <»sm" twenty pounds in the first clause of an act entitled "An act to amend
Increased, the practise of the law and to regulate the giving of special bail passed
the twenty-ninth day of November one thousand seven hundred and
forty-five, shall be and is hereby increased to the sum of one. hundred
pounds.
Costa In And be it further enacted by the authority aforesaid. That if any per-
wbere less SOU or persons after the passing of this act, shall commence any suit or
isreoov?^ action in the said supreme court, or by habeas corpus or other writ
ered. remove any suit or action into the said court, and ^all obtain a judg-
ment in such suit or action in his her or their favour, for a debt or sum
which (exclusive of costs) shall not exceed one hundred pounds, he she
or they so commencing or removing such suit or action shall not recover
more costs than he she or they would have been entitled to, if such suit
or action had been commenced and determined in any mayors court or
^^***title ^°"^^ ^^ common pleas in this State. Provided that this act shall not
to land extend to any case where the title to lands shall or may in any wise come
^uS.tfo'5. in question.
Mayor's And be it further enacted by the authority aforesaid, That the terms of
\ew*York ^^ mayors courts of the cities of New York and Albany are by this
and act lengthened and extended to three days ; provided nevertheless, that
terms^' whenever the business of the said courts shall be completed the said
lengthened court may adjoum until the next term, without sitting until the end of
the term.
CHAP. 62.
AN ACT for the relief of Thomas Vardell.
Passed the 9th of April, 1785,
Preamble; WHEREAS Thomas Vardell was indebted unto James Jauncey late of
pro^rty ^^ ^i^X ^^ New York on the twenty sixth day of March one thousand
mortgaged seven hundred and sixty seven in the sum of eighteen hundred pounds,
Jaun^!* to secure the payment of which, the said Thomas Vardell gave a bond^
Chap. 62.] EIGHTH SESSION. Ill
and a mortgage on the said twenty sixth day of March one thousand
seven hundred and sixty seven to the said James Jauncy upon two
houses and lotts of ground in the said city, the one situated on Golden
hill in Cliff street, and the other in Water street ; which said mortgage
is recorded in the clerks office of the said city in Book number (2) of
register of mortgages, page (184).
And whereas the said Thomas Vardell in full discharge of the interest id ; sale of
then due on the said bond and mortgage and fifteen hundred pounds of fand mort-
the principal of his aforesaid debt did on the twenty sixth day of Jan- gj^^j^f
uary one thousand seven hundred and eighty one grant ^nd convey in siooen of
ffee simple unto the said James Jauncey the aforesaid house and lott of 'o'^®*^»«'««-
ground in Cliffs street so mortgaged as aforesaid ; by reason of whifih
said last mentioned conveyance, the house and lott of ground in Cliff
street aforesaid hath been since sold by the commissioners of forfeited
estates for the southern district, for the consideration of fifteen hun-
dred pounds.
And whereas Thomas Vardell notwithstanding the sale by the com- Id.; liabii-
missioners of forfeited estates of the house and lott of ground in Cliff ^^i™°^'
street aforesaid for the consideration aforesaid, is still liable to pay off
the full amount of the said mortgage to the people of this State without
the aid and assistance of the legislature. Therefore
Be it enacted by the People of the State of New Yorky represented in Sale by
Senate and Assembly; and it is hereby enacted by the authority of the same, guJnere le-
That the sale of the said house and lott of ground in Cliff street afore- **^'J?^^
said so made by the commissioners of forfeited estates for the southern tion money
district as aforesaid be good and sufficient in the law to all intents and f^J^to*^***
purposes whatsoever. And that the consideration money for which the Thomas
said house and lott' of ground sold, be considered as legally paid to the Jb* mori^"
people of this State by the said Thomas Vardell in part payment of ««««
the bond and mortgage so given as aforesaid by the said Thomas Var-
dell to the said Jam^ Jauncey, and which by law is now the property
of the people of this State by virtue of the attainder of the said James
Jauncey.
And be it further enacted by the authority aforesaid That it shall and How mort-
may be lawful for the said Thomas Vardell (in such manner as the law Sfdaud*
directs) to pay into the treasury of this State such sum or sums o^ oJ^^^Jj^^^^
money as shall or may be certified to be still due on the said mortgage
by any one of the judges having authority to take proofs and acknowl-
edgments of the due execution of mortgages within the said city and
county after deducting the said fifteen hundred pounds. And further
that the said judge having ascertained the ballance due on the said
mortgage shall certify under his hand and seal to the treasurer of this
State and to the clerk of the said city and county the ballance which
shall so appear to him to be justly due thereon. And upon producing
such certificate to the treasurer & tender in the manner which the law
directs of such ballance: The trea^rer shall, and he is hereby authorized
and directed to receive the same ; and to sign a certificate of such
receipt, which Certificate being acknowledged by him or proved by the
oath of at least one credible witness, and filed in the office of the clerk
of the said city and county where the aforesaid mortgage given by the
said Thomas Vardell to the said James Jauncey is recorded, it shall and
may be lawful for the said clerk, and he is hereby required to enter in
the book of mortgages a minute of the said certificate, which minute so
entered shall opperate as a full and absolute bar to and discharge of the
aforesaid mortgage, to all intents and purposes whatsoever.
112 LAWS OF NEW YORK. [Chap. 64.
CHAP. 63.
AN ACT acceding to the recommendation of Congress of the
1 8th of April 1783, relative to the eighth article of confed-
eration and perpetual union of the United 'States of America.
Passed the 9th day of April, 1785.
Part of Be it enacted by the People of the State of New York^ represented in
article of Senate and Assembly^ and it is hereby enacted by the authority of the same,
JJl^'tS®**' That so much of eighth of the articles of confederation and perpetual
tion re- ., it« /•*• 'i*!
yoked. union, between the thirteen states of America, as is contained m the
words following, to wit, " all charges of war, and all other expences that
shall be incurred for the common defence, or general wellfare, and
allowed by the United States in Congress assembled, shall be defrayed
out of a common treasury, which shall be supplied by the several
States, in proportion to the value of all land within each State, granted
to or surveyed for any person, as such land and the buildings and im-
provements thereon, shall be estimated according to such mode as the
United States in Congress assembled, shall from time to time direct
and appoint," shall be, and the same is hereby revoked and made void,
so far as the same extended to this State.
Amend- And be it further enacted by the authority aforesaid^ That it shall and
™|hth^ ™^y he lawful for the delegates for the time being representing this
article of ^ State, in the Congress of the United States, or any three of them, and
tion pro- * they are.hereby required, to subscribe and ratify the following as part
gj™^^ of the said instrument of union, and in place of the part revoked and
ratified; ' made void as aforesaid, to wit, " that all charges of war, and all other
scribed'by expences, that have been, or shall be incurred for the common defence,
to'2o^^-^ or general wellfare, and allowed by the Unitec^ States in Congress
gresB. assembled, except so far as shall be otherwise provided for, shall be
defrayed out of a common treasury, which shall be supplied by the
several States, in proportion to the whole number of white and other
free citizens and inhabitants of every age, sex, and condition, including
those bound to servitude for a term of years, and three fifths ■ of all
other persons not comprehended in the foregoing description, except
Indians, not paying taxes in each State," which said alteration when so
subscribed and ratified, shall be deemed and held, to be as sufficient
and valid for the purposes therein mentioned, as the part herein before
revoked and made void, was, or ought to have been, before the revo-
cation and disannulling thereof.
CHAP. 64.
AN ACT for the relief of the executors of David Hunt, deceased.
Passed the 9th of April, 1785.
Preamble; Whereas Lydia Hunt, by her petition to the legislature, hath prayed
fefcvid^' relief against the conveyance of a certain farm or parcell of land and
Hunt, late tenements situate at the West-farms in the borough and town of West-
FftrroT^de- Chester, in the county of Westchester, lately made by her husband David
^*®**®*- Hunt deceased, to Edmond Ward late of the township of Eastchester in
Chap. 65. J EIGHTH SESSION. 113
the county aforesaid ; and that the same majr be disposed of in like
manner as the estate of the said David Hunt is, by his will, directed to
be disposed of : And whereas it is conceived to be reasonable and just,
to grant relief in the premises.
Be it enacted by the People of the State of New York^ represented in CoDvey.
Senate and Assembly y and it is hereby enacted by the authority of the same^ J^S® '**^'
That the grant and conveyance made by the said David Hunt to the **^J^^^
said Edraond Ward, of the premises above mentioned, bearing date how*dfik
sometime in the year' one thousand seven hundred and seventy seven, posed of.
shall be and the same is hereby declared to be null, void and of no
effect; and that it shall be lawful for the executors, named and appointed
in and by the last will and testament of the said David Hunt deceased,
to sell the said certain farm or parcell of land and tenements, and to
make such disposition of the monies arising from such sale, as is directed
to be made of the personal estate of the said David Hunt, in and by his
said last will and testament : any conviction of the said Edmond Ward,
whereby his estate is become forfeited to the people of this State in any-
irise notwithstanding.
And whereas at the time of the grant and conveyance aforesaid, from Preamble;
the said David Hunt to the said Edmond Ward, the said Edmond W^ird there^by
did execute a mortgage of the same premises to the said David Hunt ^^J"^
bearing date the twenty second day of September in the year one thou-
sand seven hundred and seventy seven, for securing the payment of
three hundred and fifty pounds with interest until [paid, at the rate of
five per cent per annum, being part of the purchase money agreed to be
given.
Be it further enacted by the authority aforesaid^ That the aforesaid ^<»^ir^
mortgage and bond accompanying the same, and every matter and thing vjfa?'*^
therein contained, shall cease and the same are hereby declared to be
cancelled and void.
CHAP. 65.
AN ACT for the relief of George Smith of Suffolk county.
Passed the 9th of April, 1785.
Whereas the suspension of the licence of George Smith of Suffolk Preamble;
county attorney at law, was in the term of October last past in pursu- Jn^^niS*^
ance of the act, entitled "An act to amend an act passed the ninth of ^rge
of October one thousand seven hundred and seventy nine relative to an'i^to?
attomies soUicitors, and cuncellors at law " removed : And whereas the ^^^'
said George Smith was prevented from taking the oath prescribed by
the said act within the time therein limitted, through a want of sufl&cient
notice. Therefore
Beit enacted by the People of the State of New Yorky represented in Senate George
^ndAssemblyy and it is hereby enacted by the authority of the same^ That mTt^'tT
the said George Smith is hereby fully permitted and authorized to take f"^*^^!^
and subscribe the oath by law required of him as an attorney at law, at and prao-
any time within two months from and after the passing of this act, and J^jJS.***
^ upon taking of and subscribing to the said oath, it shall and may
be lawful for the said George Smith as an attorney at law, to plead and
practice in all and every of the courts within this State in which he
jHall have been licenced or admitted to practice.
Vol. 2. — 15
114
LAWS OF NEW YORK.
[Chap. 66.
CELiP. 6(6.
Preamble;
in^atad-
▼aDtacesto
be derived
to the State
by the set-
tlement of
the waste
and unap-
propriated
lands.
Aot refer-
red tore-
pealed.
Preamble ;
Indian
lands.
Commis-
sioners to
procure
frrants of
ands from
all Indians
willing to
sell to the
State.
Oommis-
sioners of
the land
office,
board
created.
AN ACT to facilitate the settlement of the waste and unappro-
priated lands within this State and for repealing the act therein
mentioned
Passed the nth of April, 1785.
Whereas it is the interest of this State to accelerate the settlement of
the waste and unapropriated lands within the same and whereas there
is reason to apprehend that the mode prescribed in and by the act enti-
tled "An act to encourage the settlement of the waste and unappropri-
ated lands within this State " passed the tenth day of May one thousand
seven hundred and eighty four, would be attended with great delays in
the execution thereof, and not answer the salutary purposes intended
thereby.
Be it enacted by the People of the State of New York, represented in
Senate and Assembly ^ and it is hereby enacted by the authority of the same,
That the above recited act shall be^ and the same is hereby repealed.
And whereas no legal settlement can be made on the lands now claimed
by the native Indians, and not heretofore by them ceded to the people
of this State, until a title from the said Indians be had or obtained
Be it further enacted by the authority aforesaid^ That it shall be the
duty of the commissioners appointed by an act entitled "An act to
appoint his excellency the governor of this State or person administring
the government thereof for the time being, and the commissioners
therein designated, to superintend Indian affairs, passed the sixth day
of April one thousand seven hundred and eighty-four, and they are
hereby required, on or before the first day of October next, to obtain a
cession or grant, to the use of the people of this State, of such lands
within this State now holden or claimed by the native Indians as such
Indians shall be willing to dispose of on reasonable terms: and the said
commissioners are hereby authorized to apply the sums appointed by
the nineteenth section of an act entitled "An act for the payment of
certain contingent expences, and for other purposes therein mentioned,
passed the twenty-ninth day of November, one thousand seven hundred
and eighty four, or such part thereof as may remain unapropriated, for
the purpose of obtaining such grant or cession.
And be it further enacted by the authority aforesaid That his excel-
lency the governor or person administring the government the govern-
ment of this State for the time being, the lieutenant governor, the speaker
of the assembly the secretary of the State, the attorney general, the
treasurer, and the auditor of this State respectively for the time being,
shall be and they are hereby appointed commissioners of the land office
to direct the disposing and granting of the waste and unapropriated
lands within this State, and according to such powers and directions as
shall from time to time be prescribed by the legislature \ and all and
every the powers and trusts to be vested in them by this or any future
act, shall and may be lawfully executed by any three or more of them,
the governor or person administring the government to be always one;
and that the secretary ex officio shall always be the secretary of the com-
missioners of the land office.
And in order that as far as possible an equal opportunity may be
afforded to all persons for obtaining patents or grants of lands
Chap. 66.] EIGHTH SESSION. 115
Be it further enacted by the authority aforesaid That the said commis- Oommia-
sioners shall with all possible dispatch after the passing of this act cause fiuyoSic^
adverisements to be published in the several news papers printed within to adver-
this State giving notice that upon and after a certain day therein to be locations,
specified not less than two, nor more than three months from the time
of publishing the said advertisements, that locations upon the lands so
described in the said advertisements will be received in the office of the
surveyor General of khis State. And if it should happen that two or
more locations should be made on the same parcel of land, on the same
day the surveyor general shall determine by lott which of the said loca-
tions shall be preferred and intitle the person or persons making the
same to a warrant of survey for the same. And as often as a cession or
grantshall.be obtained from the Indians of lands now holden or claimed
by thena, it shall be the duty of the said commissioners to advertise the
same, and proceed to direct the receiving locations and for the commis-
sioners to make grants in the manner hereinbefore directed.
And be it further enacted by the authority aforesaid That if any per- Locationa,
son having made a location in manner aforesaid shall not within one l^oortifl-
month from the date thereof apply for a warrant of survey, or having <»t^
received a warrant of survey shall not within one month from the date time in
thereof apply to have the tract of land therein described surveyed, or JlJ*app|7ed
if upon the execution and return of such survey and certificate thereof for: when
from the surveyor general shall not within three months from the date ^^ ® *
of such certificate apply for letters patent for the same and pay the fees
established by this act, and the act entitled " An act for granting certain
lands promised to be given as bounty lands by laws of this State, and
for other purposes therein mentioned " passed the eleventh day of May
one thousand seven hundred and eighty four, such person or persons
shall in either case forfeit his or their right in the said lands.
And be it further enacted by the authority aforesaid That no other Who may
persons than such as are entitled to grants of lands by virtue of the acts ^^^^ *^*"
recited in the second enacting clause of the last mentioned act, shall
have the right to locate the quantity of lands to which they are respect-
ively so entitled, on the lands intended to be granted by virtue of this
act, in the manner in and by the said act is directed.
And be it further enacted by the authority aforesaid^ That any person Locations
whatever shall have the priviledge of making a location in the surveyor thanfwo
generals office for a tract of land not exceeding fiyt, hundred acres with acrea, rate
an allowance of five per cent for high ways, and receive a grant for ^^^ *°'^®*
the same, upon paying into the treasury of this State a sum of money
at the rate of four shillings per acre, for the lands so located.
And be it further enacted by the authority aforesaid^ That all lands to Lands, how-
he granted by virtue of this act shall be laid out in equilateral squares ^^*^ ^"*"
whose sides shall be north, south, east and west lines, or as nearly so as
apropriated lands or principal waters will admit.
And be it further enacted by the authority aforesaid^ That any lands Lands pur-
legally purchased from the native Indians prior to the fourteenth day indfSna^'
of October one thousand seven hundred and seventy five shall not be prjor to
liable to be granted by virtue of this act : but all persons claiming by beffranted;
virtue of such Indian purchases who have not already exhibited their g'*]j"ex-^'
claims by virtue of the act herein before repealed, may exhibit their hrbited.
respective claims to the said commissioners before the tenth day of
^y next. And all such claims not exhibited before the said tenth day
<« May are hereby declared to be void and the lands so claimed liable
to he located and to be granted as herein before directed and the said
commissioners are hereby authorized to hear and determine such claims
116
LAWS OF NEW YORK.
[Chap. 66.
Clalros to
lands,
when to
be deter-
mined.
Proviso,
only citi-
zens may
maintain
claims.
Lands
granted
to be ex-
empt
from taxa-
tion b/
State for
seven jears
Payment
for lands,
what to
be re-
ceived in.
Pees to
governor,
secretary
and sur-
veyor gen-
eral, on the
issuance of
grants, etc.
Townships,
grants or;
allowances
for public
uses.
upon the application of the respective claimants on principles of equity
and good conscience and if such decision shall be against such claim-
ant, the lands so claimed may be located and granted as by this act is
before directed.
And to the end that delays may not be occasioned by pretended claims
Be it further enacted by the authority aforesaid That any person hav-
ing located lands so claimed shall have the right upon application to
the said commissioners to have the said claims determined upon a day
to be appointed by the said commissioner^ not less than two months nor
more than three months from the day on which such application shall
have been made.
Prmnded always that the priviledge of exhibiting claims to any of
the aforesaid lands by virtue of Indian purchases under the former
government of this State while a Colony, shall be only extended to
such person or persons as are citizens of this State, or some other of
the United States.
And be it further enacted by the authority aforesaid^ That all lands to
be granted by virtue of this act, shall be and they hereby are exempted
until the expiration of seven years from the passing of this act, from all
taxes hereafter to be imposed upon the inhabitants of this State, except
county or district taxes : •
And be it further enacted by the authority aforesaid That the treasurer
of this State for the time being, shall receive in payment for the lands
to be located and granted by virtue of this act, gold or silver and the
paper securities directed to be received in payment of forfeited estates,
by the act entitled " An act for the speedy sale of the confiscated and
forfeited estates within this State, and for other purposes therein men-
tioijed " passed the twelfth day of May one thousand seven hundred
and eighty four, at their nominal value, with the interest which at the
tim^ of such payment shall be due thereon.
And be it further enacted by the authority aforesaid^ That the Governor,
the, secretary and the surveyor general of the State, shall respectively
be entitled to the following fees for the services by them to be per-
formed by virtue of this act, that is to say, the Governor for his attend-
ance on signing and affixing the great seal to the Letters Patent, the
sum of sixteen shillings, for every grant not exceeding five hundred
acres ; the secretary for preparing and recording Letters patent for the
like quantity of five hundred acres, or less, the sum of sixteen shillings;
and the surveyor general for every warrant of survey the sum of twelve
shillings ; for filing every return of survey, for his certificates therefor,
and filing a copy thereof, the sum of eight shillings ; and for making
the surveys maps and all other business belonging to his office at and
after the rate of twenty four shillings per day, together with reasonable
allowance for the hire of chain bearers and their subsistence, while
necessarily employed ; which fees and no other, they shall be entitled
to demand from the person to whom letters patent shall have been
respectively issued as aforesaid ; except where a patent or grant shall
be made a township or any quantity of lands exceeding five hun-
dred acres, in which case the fees shall be double the several sums
above mentioned, except the surveyor generals fees for performing the
surveys aforesaid which shall only be twenty four shillings per day.
And be it fiirther enacted by the authority aforesaid That when a
sufficient number of persons shall join in making a location for a town-
ship of twenty three thousand acres they shall be allowed besides the
fi\^ per cent for high ways four hundred acres for the use and support
of a minister of the gospel, and eight hundred aores for the use and
Chap. 66.] EIGHTH SESSION. 117
benefit of a school or schools, within such town or towns respectively,
to be laid out in some convenient place or places in the same for
that purpose, and each respective town shall receive such grant, shall
be allowed to hold and exercise the same incorporated priviledges that
the other districts do hold and exercise that are in the county where
such lands lie, and for which township they shall pay to the treasurer
of this State one shilling per acre, exclusive of the allowance for high
trays, and other public uses.
XV. And be it further enacted by the authority aforesaid That when any when tea
ten persons or more shall join in making a location for lands they shall P^i'^JJ^
be allowed beside five per cent for high ways,r such a proportion of land location;
for the use and support of a minister and for the use and benefit of a *"<*^*°<5*«
school or schools, in such location, as the number of persons joining in
sach location shall bear to the number making a location for a township
as aforesaid, and the number of acres allowed to such township for the
use and support of a minister of the Gospel, and for the use and benefit
of a school or schools ; and for which land they shall pay to the treas-
urer of this State the sum of two shillings per acre exclusive of the
aflowance for high ways and other public uses. And in either of these
cases a location made on the same day shall have a preference for such
lands to a location made for a less number of acres : and in all cases
where more than one person or persons shall join in a location it shall
be at their option to take a grant in common or seperately as it shall
best suit them.
XVI. And be it further enacted by the authority aforesaid That all Condition
grants or patents for land made by virtue of this act, shall contain a con- JJ^t^tofe
dhion of having a settler actually settled on every five hundred acres in inserted in
three years from the date of the letters patent thereof. And on failure *'*'*
of such settlement; the lands so unsettled shall revert to the people of
the State, and be liable to be granted in the same manner as if no such
former grant had been made.
XVII. And be it further enacted by the authority aforesaid. That the
letters patent to be given by virtue of this act, shall be in the words and
form following '—
The people of the State of New York, by the grace of God free Form of
and mdependent, to all to whom these presents shall come, know {SJJ|5L
ye that we have given granted and confirmed and by these presents do
give grant and confirm unto his heirs and assigns, the tract
of land comprehended in the following boundaries, vizt. with
an the appurtenances and priviledges to the same belonging or in any
^ appertaining (excepting and reserving to ourselves all gold and
silver mines, and salt mines and salt springs within the same, to have
^d to hold the above granted premises, as a good and indefeasible
^e in fee simple for ever ; on condition nevertheless that the
said heirs or assigns do settle or cause some person to be
settled on the same in years after the date of these presents,
ptherwise these our letters patent to be void in testimony whereof we
flave made these our letters patent, and caused the great seal of our
State to be affixed witness governor of our said State, done
^ the day of in the year of our Lord and
:a the year of our independence.
And in case the grant shall be for a tract of land that will intitle the Id.; where
F«itees to an allowance for public uses, then the following shall be fil?J2biiS
i'^scrted. On condition that the said do set apart acres {J^^^j*
^ some convenient part or parts of the said tract for the use and bene-
^ of a minister of the Gospel, and acres for the use and benefit
118 LAWS OF NEW YORK. [Chap. 66.
of a school or schools therein ; and also on condition that they settle or
cause to be settled as many families on the said land in three years from
the date of these presents as there are five hundred acres within the
same, such part therof as shall be granted for public uses excepted.
Sufficiency And be it further enacted by the authority aforesaid That the foregoing
patent!" grant or letters patent shall be fully sufficient both in law and equity to
vest such grantee or grantees, or any person or persons holding under
him or them to an estate in fee simple to the land included within the
same.
Preamble; And whereas it is suggested that there are. persons who have equit-
to Unds"" ^^^^ claims to grants for lands acquired under the laws.of the late col-
aoQuired ony of New York which they were prevented from obtaining merely on
o? the late account of the circumstances which preceded the late change of gov-
Coiooy. emment ; and it is just and right that such equitable claims should be
allowed and confirmed by this legislature.
Coromis- Be it therefore enacted by tho authority aforesaid^ That the commis-
?and*offlce sioners aforesaid shall have power to hear and determine the claims of
mfne^*'**^" ^ persons for grants of lands to which they were intitled under the
claims. government of the late colony of New York, and to grant letters patent
for such lands to all such persons as shall be found to have a fair and
Proviso, as equitable claim or title thereto: Provided that nothing in this act shall
cat?oDii of be construed to enable any person to hold lands and obtain such grants
Stc!"*****^ who are not already qualified by the laws of this State to hold the same.
And provided such claims are exhibited to the said commissioners or
any one or more of them before the tenth day of May next, provided
that no such claim shall be^allowed or affect any lands lying without the
line of cession established in the year one thousand seven hundred and
sixty eight by the treaty at Fort Stanwix. Provided also that no such
claim shall be allowed to any lands in virtue of any mandamus issued
by the king of Great Britain, while this State was a colony ; except such
mandamus shall have been granted as a reward for services actually
done and performed within the then colony (now State) of New York,
and was vested in a citizen previous to the ninth day of July one thous-
and seven hundred and seventy six, who had located and obtained from
the government of the then colony of New York an order to survey the
same, and who hath taken an active part with the United States during
the late war.
Where And be it further enacted by the authority aforesaid^ That the claims
fowS^oon- so allowed and grants made in consequence thereof shall be paid for at
which* ^^ ^^^ same rate or rates, and held on the like conditions and limitations
mnu as the other lands directed to be granted by this act.
8 ttT ^''^ ^^ '^ further enacted by the authority aforesaid^ That no person
iand^S° or persons shall or may settle on the said lands, nor shall any person or
S'aliegf-** persons who shall actually settle on the said lands have a legal title to
ance. the same, or any part thereof, unless he or they shall before one of the
judges of the supreme court, or a majestrate of any of the counties in
this State, previously take the oath of allegiance and abjuration pre-
scribed by a law of this State entitled " An act for the better securing
the independence of this State and to that end requiring all public
officers and electors within this State to take the test oath therein con-
tained" passed 26th March 1781 a certificate whereof shall be filed in
the clerks office of the county where the lands lie.
And for facilitating the business to be done by virtue of this act
generaf to ^^ it further enacted by the authority aforesaid That the surveyor gen-
Jljjjove his eral may and is hereby directed to remove his office on or before the
Albany. first day of June next to the city of Albany.
Chap. 67.] EIGHTH SESSION. liy
CHAP. 67.
AN ACT for building a court house and gaol in the county of
Dutchess and for other purposes therein mentioned.
Passed the nth of April, 1785.
Whereas the court house and gaol of Dutchess county have been Preamble,
lately consumed by fire.
Be it enacted by the People of the State of New York represented in Supervto-
Stnate and Assembly and it is hereby enacted by the authority of the same ^^S^Xaen
That the supervisors of the several precincts in the said county for the county to
time being shall be and they are hereby authorized and required to iSbuUdthe
direct to be raised and levied on the freeholders and inhabitants of the ^^"
said county the sum of one thousand five hundred pounds for building gaol,
a court house and gaol in the said county with an additional sum of
nine pence in the pound for collecting the same which said sums shall
be raised levied and collected in like manner as the other necessary
and contingent charges of the county are levied and collected.
And be it further enacted by the authority aforesaid That the said Superria-
snpervisors of the county of Dutchess shall meet for the purpose of 2J^ where
dividing the said sum of one thousond five hundred pounds to be raised to meet,
and levied at the dwelling house of Stephen Hendrickson at Pough-
keepsie in the said county on the first Tuesday in June next. And it
is hereby made the duty of the clerk of the supervisors of the said
county to notify the said respective supervisors of such meeting.
And be it further enacted by the authority aforesaid That the said Tax, when
sum of one thousand five hundred pounds shall be collected and paid i^ted^and
into the treasury of the said county of Dutchess on or before the first paid.
Tuesday in November next Court-
And be it further enacted by the authority aforesaid That the said Jaoi^tobe
court house and gaol for the said county of Dutchess shall be erected erected at
and built at the town of Poughkeepsie in the said county. kee^ie.
And be it further enacted by the authority aforesaid That it shall and Commls-
may be lawful for Cornelius Henfrey Peter Tappen and Gilbert Living- named to
ston or a majority of them and it is hereby made the duty of the said superin-
Cornelius Henfrey Peter Tappen and Gilbert Livingston to superintend itrucSon.
and direct the building and erecting the said court house and gaol in
the said county by virtue of this act in such manner as shall appear to
them to be most eligible consistent with good oeconomy and the interest
of the said county and that the said Cornelius Humfrey Peter Tappen
and Gilbert Livingston or any two of them shall and may contract
with workmen purchase materials and employ an overseer or overseers
of such workmen and from time to time draw upon the treasurer of the
said county for such sums of money for the purposes aforesaid as shall
come into the treasury by virtue of this act. And the said treasurer is
hereby required out of the monies aforesaid to pay to the order of the
said Cornelius Humfrey Peter Tappen and Gilbert Livingston or any
two of them the several sums of money to be by them drawn for and it
B hereby made the duty of the said Cornelius Hunrfrey Peter Tappen
and Gilbert Livingston to account with the supervisors of the said
county for the monies by them to be received when thereunto required. cheSter
Andi^ be it further enacted by the authority aforesaid That the Inferior ^oSru of
Courts of Common Pleas and general sessions of the peace of the common
county of Westchester shall be lield at the Presbyterian meeting house Jineraf *^
iithe township of Bedford in the said county until a court house shall 8€«8ion»,
lie built within the county, or until the further order of the Legislature. ^SlSd.
120 LAWS OF NEW YORK. [Chap. 68.
CHAP. 68.
AN ACT granting a bounty on hemp to be raised within this
State, and imposing an additional duty on sundry articles of
merchandise, and for other purposes therein mentioned.
Passed the 12th of April, 1785.
Hemp Be it enacted by the People of the State of Ne70 York represented in
withUi this Senate and Assembly y and it is hereby endcted by tlie authority of the same^
Stote, That for every hundred weight of good merchantable hemp which shall
gnmted on be raised within this State after the passing of this act, and brought to
the city of New York on or before the first day of January one thous-
and seven hundred and eighty eight shall be allowed and paid by the
treasurer of this State out of any monies which may he in the treasury
unappropriated a bounty of eight shillings per hundred to any person .
or persons who shall bring such hemp to the city of New Yoric, and
produce a certificate of the weight thereof and that it is good and
Inspectors merchantable, from Thomas Ivers and William Arnold or either of
appoin&d. them, who are hereby appointed inspectors of all hemp on which a
bounty is to be allowed, which said inspectors shall receive for their
trouble from the person who shall employ them at the rate of six pence
per hundred weight and no more.
Inspectors, And be it enacted by the authority aforesaid That the inspectors ap-
offlM^'f. poiJ^ted by this act before they enter upon the execution of their office,
shall before the mayor recorder or one of the aldermen of the said city
take and subscribe an oath in the words following vizt. ' I do solemnly
swear that I will faithfully discharge the duty of an inspector of hemp
for the city of New York, and that I will not give a certificate to any
person or persons for a greater quantity than I actually inspect and for
none but such as is merchantable : a copy of which oath sworn to and
subscribed by the said inspectors respectively shall be filed with the
treasurer of this State.
Oath to be And be it further enacted by the authority aforesaid, That besides the
^JJ^y certificate to be given by the inspectors of hemp or one of them the
raising person who raised the same shall (before the said bounty shall be paid)
*™^* make oath or if of the people called Quakers affirm, before some magis-
trate in this State, that the quantity of hemp for which he has obtained
certificates as having been inspected, was raised in the county of
in the State of New York in the year . and that no bounty has
yet been paid for the same or any part thereof to the best of his knowl-
edge or belief ; and that he will not receive or cause to be received, or
attempt to receive any greater or other bounty for the same than is
allowed by this act.
And in order to encourage the raising of hemp and the manufacture
of cordage and of lintseed oyl
Additional Be it enacted by the authority aforesaid That an additional duty be
on oordie ^^^^ ^n the enumerated articles following that shall be brought into this
aj^iin- State by land or water after the first day of November next ; that the
amount of such duty to be applyed towards the payment of the bounty
given by this act on hemp to be raised in this State, that is to s^y, for
every hundred weight of foreign cordage four shillings, for every hun-
dred weight of foreign white rope or yams four shillings, for every
hundred weight of foreign hemp two shillings, for every gallon of
foreign lintseed oyl four pense ; for every pair of shoes sixpence, and
Chap. 68.] EIGHTH SESSION. 121
for every pair of boots two shillings to be collected and paid as is
directed by an act entitled *' An act imposing duties on certain goods
wares and merchandize imported into this State'* passed i8th Novem-
ber 1784.
And be it enacted by the authority aforesaidy That all goods wares Additional
and merchandize brought or imported into this State by any foreigner ou'^ijlSls
and not consigned to a citizen of this State shall be subject to pay one consigned^
and an half j)er cent more than such goods wares or merchandize ere.*^" *^°"
imported by the citizens of this State or of any of the United States ;
which additional duty of one and an half per cent shall be collected
and paid as is directed by the preceeding clause. —
And he further enacted by t/ie authority aforesaid, That if any negro Negroes,
or other person to be imported or brought into this State from any of 5| ]^^*
the United States or from any other place or country after the first day E^^'^J?**^
of June next, shall be sold as a slave or slaves within this State, the
seller or his or her factor or agent, shall be deemed guilty of a public
offence, and shall for every such offence forfeit the sum of one hundred
pounds lawful money of New York, to be recovered by any person who
will sue for the same in an action of debt, in any court in this State
having cognizance of the same, together with costs of suit; the one
half of the said forfeiture to be paid to the treasurer of this State for
the Use of the public thereof, and the other half to the person who
M have sued for the same. —
And be it further enacted by the authority aforesaid That every such Neffro bo
person imported or brought into this State and sold contrary to the true J?aredTree.
intent and meaning of this act shall be freed.
And be it further enacted by the authority aforesaid That when any Slav«>g,
person or persons 'hereafter shall be disposed to manumit his her or J?on of?*^
their slave or slaves, and shall previous thereto procure a certificate proceed-
signed by the overseers of the poor (or the major part of them) of the °^
town manor district or precinct together with two justices of the peace
of the county where such person or persons shall dwell or reside, and
if in the cities of New York or Albany then from the mayor or recorder
any * any two of the aldermen certifying that slave or slaves appear to be
under fifty years of age, and of sufficient ability to provide for them-
selves, and shall cause such certificates of manumission to be registered
a the office of the clerk of the town manor district or precinct, in
*hich the master or mistress may reside, that then it shall be lawful for
SQch person or persons to manumit such slave or slaves without giving
or providing any security to indemnify the town manor district err pre-
cinct; and such slave or slaves so manumitted shall be demed taken and
^judged to be free ; and the clerk for registering such certificate shall *
he entitled to two shillings and no more.
And be it further enacted by the authority aforesaid, That if any Slaves
person by his or her Igist will and testament shall give his or her slave tS'bjrwm.
or slaves their freedom such slave or slaves being at the death of the
testator or testrtrix under fifty years of age and likewise, of sufficient
^ity to provide for themselves, to be certified in manner aforesaid,
such freedom given as aforesaid, shall without any security to indem-
^y the town manor district or precinct be deemed taken and adjudged .
^ he good and valid to all intents and purposes, any law usage or
CQstom, to the contrary notwithstanding. —
* So In orlffinal.
Vol. 2. — 16
122 LAWS OF NEW YORK. [Chap. 69.
Biaveflto And he it further enacted by the authority aforesaid That all negroes,
jury'for ' and Other persons of any description whatsoever commonly reputed and
o^oMB deemed slaves shall forever hereafter have the privilege of being tried
by a jury in all capital cases according to the course of the common
law.
CHAP. 69.
AN ACT to enable the mayor aldermen and commonalty of the
city of Albany for the time being or the major part of them to
order the raising a sum not exceeding one thousand pounds
for the purposes therein mentioned.
Passed the 12th of April, 1785.
Albany, Be it enacted by the People of the State of New York represented
^\S\i^in Senate and Assembly and it is hereby enacted by the authority of the
for '^atch- same That the mayor aldermen and commonalty of the city of Albany
ing'th/ *" for the time being or the major part of them be and they are hereby
Btreet8,eto. empowered and authorized to order as soon as conveniently may be
after the passing of this act the raising a sum not exceeding one
thousand pounds, by a tax upon the estates real and personal lying and
being within that part of the said city herein after mentioned of all and
every the freeholders, freemen inhabitants residents and sojourners,
living between the north and south boundaries or limits of the said city
within half a mile westward from Hudsons river to be applied to the
payment of so many watch-men as the said mayor ildermen and com-
monalty in common council convened shall think necessary for guard-
ing the said city, to the purchasing of oil, providing of lamps and repair-
ing and altering the lamps which now are or hereafter may be erected
within the said city and to be applied for the payment of making repair-
ing and maintaining the public wells, pumps, docks, bridges and streets
within the said city, and which sum shall be rated and assessed, by the
assessors of the said city in like manner as the contingent charges of
the said city and county of Albany are rated and assessed. That the
said assessors as soon as they shall have compleated the assessment,
shall deliver the same to the chamberlain of the said city who shall
thereupon issue a warrant under his hand and seal directed to the col-
lector of the said city and which collector shall forthwith levy and col-
lect the same and from time to time pay the monies so by him collected
into the hands of the said chamberlain, retaining in his hands three
pence in the pound for his trouble in collecting and paying the same. —
Penalty for And be it further enacted by the authority aforesaid That if the
dufy^y ' assessors or collector of the said city or either of them shall deny refuse
assessors or delay to do perform and execute all or any of the powers authorities
fwjtor. ^"^^ duties by this act given and required to be done performed or exe-
cuted by them or either of them, every of them so refusing or neglecting
shall forfeit and pay the sum of one hundred pounds to be sued for and
recovered by and in the name of the chamberlain aforesaid with costs
and applied to the same uses and purposes as the sum of one thousand
pounds aforesaid.
Tax, col- And be it further enacted by tlie authority aforesaid That if any per-
!^*en-°'' son or persons shall neglect or refuse to pay the several rates and
foroed. assessments wherewith he or they shall be rated or assessed by virtue of
this act upon the request or demand of the collector aforesaid that
Chap. 70.] EIGHTH SESSION. 123
then and in every such case it shall and may be lawful for such collec-
tor and he is hereby required on non payment thereof to distrain upon
the goods and chattels of the person or persons so refusing or neglect-
ing to pay and the distress so taken to carry away, and the same to
expose to sale within the said city for the payment of the rate or assess-
ment and the overplus (if any there be after paying the charges of
taking carrying away and exposing the same distress to sale) shall be
returned to the owner or owners.
CHAP. 70.
AN ACT more eflTectually to compel Abraham Lott late treas-
urer of the Colony of New York to account to the treasurer
of this State for such sums of money as the said Abraham
Lott has received while he was treasurer of the said Colony
and for which he has not accounted.
Passed the i8th of April, 1785.
Whereas in and by an act entitled an act for the payment of the Preamble;
salaries of the several officers of government and certain contingent ,JJ^J*^®g^'J2
cxpences and for other purposes therein mentioned passed 12th May from Abra
1784, it was among other things recited, that Abraham Lott late treas- {Se ueas^
nrer of the late Colony of New York did owe and was accountable to gJJ^ o' ^^^
the people of this State for divers sums of money which came to his NewlTork.
hands as treasurer as aforesaid.
And whereas it was among other things by the said act enacted that
the treasurer of this State for the time being should without delay
call the said Abraham Lott to an account of all his acts and transactions
rebtive to the public treasury of the said colony while he was treasurer
thereof, and to receive from him for the use of the people of this State
all such sum and sums of money as should appear to have been due
from him to the said colony, and that upon the said Abraham Lotts
neglect or refusal so to account and pay the said sum or sums of money
as aforesaid to commence and prosecute to a final judgment and recov-
ery a suit for the penalty of the bond mentioned in the said in part
recited act, or to take such other effectual remedy either in law or
equity to compel the said Abraham Lott to such account and payment
as aforesaid as by the attorney general shall be advised.
And whereas the Said Abraham Lott has not paid or accounted for
the monies due from him to this State as aforesaid by means whereof
the penalty of the said bond is and is hereby declared to be forfeited.
And whereas the said Abraham Lott hath presented a petition to the id.; peti-
Legislature setting forth among other things, that his estate is fully xgJi^am
sufficient to discharge the debt aforesaid, and all other just demands Lott.
against him, but praying a reasonable time to be allowed to enable him
to pay into the treasury a certain annual sum so as to sink the whole in
a few years, and further praying that he may be enabled to pay the same
in certain public securities ; and also praying that a suit lately brought
^inst him in the Supreme Court on the said bond may be stayed
And whereas Isaac Roosevelt Esquire and others who were sureties id.; peti-
for the said Abraham Lott have petitioned the Legislature to be released ^{SlJyL^**
from the said bond, and it is also suggested on behalf of the said sure-
ties that it would be unreasonable that they should continue any longer
bomid if the Legislature should prolong the time for the said Abraham
124 LAWS OF NEW YORK. [Chap. 71.
Lett's paying the debt he owes the State and for which they stand bound
as aforesaid.
8uit Be it enacted by the People of the State of New York, represented in
5SrSam Senate and Assembly^ and it is hereby enacted by the authority of the same
proaecuted '^^^^ ^^ ^^^^ ^"^^ commenced and depending in the said Supreme
»to judg- Court against the said Abraham Lott shall be prosecuted to a final
menb. judgment and execution ; and the attorney general of this State is
hereby authorized and required to prosecute the said action with all
•possible dispatch for the recovery of the said debt, together with inter-
Provlflo; est thereon at the rate of seven per cent per annum. Provided ftever-
tion^o'" theless that no execution shall issue on the said judgment if the said
issue if Abraham Lott shall on or before the first day of May next, execute a
given for bond together with such sureties, as the Governor Treasurer and auditor
of JS^j?* of this State for the time being or any two of them shall deem sufficient
mentwith- in the penalty of thirty thousand pounds in specie, payable to the said
specSed. Treasurer, with a condition underwritten to pay the debt or ballance
and interest now due to this State by the said Abraham Lott in manner
following, to wit, the one moiety thereof in specie on or before the
twenty fourth day of November next with interest at the rate of seven
per cent per annum, and the other moiety in specie on or before the
fourteenth day of November one thousand seven hundred and eighty
six with like interest
CHAP. 71.
AN ACT for regulating the fees of the several officers and min-
isters of the courts of justice within this State.
Passed the i8th of April, 1785.
Pees of Be it enacted by the people of the State of New York, represented in
officered ^^f^te and Assembly, and it is hereby enacted by the authority of the same.
Justice; That all and every officer and officers, person and persons, who shall at
exaoting*''^ any time after the passing of this act, exact demand or ask any greater
^duuiegai. ^^ Other ffee for or in respect of any services herein after mentioned
' other than such as shall hereafter be by law allowed shall be liable to
be suspended or turned out of his said office or offices ; and also be
liable to be indicted for an offence against the people of this State ; and
upon conviction fined in such sum as the court shall in their discretion
think proper to inflict — vizt.
IN THE COURT OF CHANCERY.
Chancellor's Fees.
Chanoei- For the seal to every common writ three shillings,
tor's fees. 'p^ exemplifications twenty shillings.
Every decree two pounds.
Every opinion or order on a petition or motion, controverted and
argued in court, twenty shillings.
Appointing a guardian ten shillings.
Master's Fees.
Master's For every summons, three shillings.
'••"• Copies of all charges and discharges brought in before the master,
scheduling writings, and other things, for each sheet containing fifteen
lines, and six words to a line nine pence.
Chap. 71.] EIGHTH SESSION. 125
Every report or certificate to be made in pursuance of an order made
upon hearing the cause, one pound.
Every other certificate or report made upon petition or motion only
five shillings.
The masters fees for drawing every report or certificate^ one shilling *
and six pence per sheet.
Copy thereof nine pence per sheet.
Every affidavit one shilling.
The acknowledgment to every deed to be recorded four shillings,
lease and release to be considered one deed only.
An examination fee, two shillings and sixpence.
Every exhibit signed by a master, and .every person shewn to him,
for both two shillings.
The caption and writing of every recognizance three shillings.
Every bill of costs to be taxed by a master for the plaintifif not put-
ting in his bill or not proceeding to reply, or for the defendants not
appearing in due time or any other matter for which costs are to be
taxed before pronouncing the decree in the cause three shillings.
For taxing every bill of costs after a decree obtained six shillings.
The Registers Fees.
Drawing all order per sheet, one shilling and six pence. Regtetei'i'
Entering a fair copy per sheet nine pence. ****
All orders by consent of parties without motion, petition or hearing,
(half to be paid by complainants & half by defendants) per sheet one
shilling and six pence.
Reading or filing every report petition or other paper one shilling
each.
Copies of all orders and reports per sheet nine pence.
Fihng every affidavit one shilling.
Registering the same per sheet nine pence.
Copying every affidavit per sheet nine pence.
The register or deputys hand to every copy affidavit order &c. one
billing.
Every certificate with the register or deputys hand to it, two shillings.
Entering a cause for hearing one shilling.
Making notes of the causes that stand for hearing, for grounding the
the subpoena to hear judgment, each cause nine pence.
Drawing every decree per sheet one shilling and sixpence.
Every decree examining and signing, seven shillings and sixpence.
Every dismission four shillings. ,
A search in the books for any order or decree, for every year six-
pence.
Entring all attachments and proclamation for each person nine pence.
All rules of court to answer, reply, produce witnesses and for publi-
cation &c. each nine pence.
Entry o^ all special rules by consent, per sheet, one shilling and six-
pence.
Entry of all amerciaments one shilling and sixpence.
Entry of all appearances in contempt two shillings.
All copies of attachment, proclamations, commissions of rebellion,
rules &c for each per sheet, nine pence.
Entry of all demurrers or pleas one shilling.
Exemplifying depositions &c. for every sheet nine pence.
Poundage on all deposit money three pence for every pound.
126 LAWS OF NEW YORK. [Chap. 71.
The Clerk's Fees.
Clerk's For every attachment five shillings.
ihaDcery* Entring appearance one shilling.
Every supersedeas five shillings.
Every petition for a homine replegiando, custody of an infant, or
other matter where there is no cause depending, for attendance on the
. chancellor &c. five shillings.
Every special certiorari ad procedendum, corpus cum causa, or
habeas corpus, five shillings.
Every bail upon every writ of corpus cum causa, or matter of privi-
ledge two shillings.
All manner of procedando's or certiorari's of course three shillings.
All copies of all bills, answers or other pleadings whatsoever as also
of all certificates and examinations made or taken by virtue of any com-
mission put of this court, and of the interrogatories therewith returned,
and also of all declarations and pleadings by English bill, or according
to the course of the common law; and for copies of records rolls or evi-
dence brought to be copied or remaining in the said court, & exempli-
cations, deeds &c. per sheet six p^nce, ninety words per sheet.
Drawing every injunction per sheet one shilling and sixpence.
Engrossing the same per sheet, nine pence.
Every subpoena for one or more persons, four shillings.
Every commission of rebellion ten shillings.
Every commission to take an answer or examine witnesses, seven
shillings and sixpence.
Every special commission upon order of the court, draft one shilling
and six pence per sheet.
Copy nine pence.
Meeting to settle commissioners, at joining in a commission five
shillings.
Every writ of execution upon an order, draft one shilling and six
pence per sheet. Copy nine pence.
Examining and signing every decree, or dismisssion eight shillings.
The custody of every bond taken in the clerk's name by order of the
court one shilling.
Every sequestration or writ of execution upon a decree per sheet
nine pence.
Every certificate that pleadings are filed, costs of contempt paid, or
other matter necessary to be certified one shilling.
Every attachment five shillings.
Filing every bill, answer, replication, rejoinder, or other pleading one
shilling.
Entring rule to answer in the rule book or other rule of court, copy
thereof and serving on defendants clerk four shillings.
Entring receipt of rule to answer &c in rule book, copy thereof and
serving the same on solicitor four shillings.
A writ of ne exeat six shillings.
A search in the books for any bill answer &c for ever year sixpence.
Attending master with rule book on taxing every bill of costs two
shillings.
Attending at the hearing before the chancellor whether the pleadings
be read or not five shillings.
Writ of assistance to put a defendant into possession, draft one shil-
ling and sixpence per sheet; copy nine pence.
Poundage on all deposit money threepence for every pound.
Chap. 71.] EIGHTH SESSION. 127
The Examiners Fees.
For examination of every deponent to be paid by the party on whose Bzamin-
side he is examined per sheet one and sixpence, if he travels, a milage *'* '®®^
ffee of one shilling a mile, out only.
Certifying of any deed or other writing shewed to the deponent at his
aumination two shillings.
Copies of depositions and interrogatories per sheet nine pence.
Attending court with depositions five shillings.
The Counsels Ffees.
For retaining ffee in any cause one pound ten shillings. Oounaei's
Perusing and signing bill, answer, plea, demurrer or any other spec- o^^ry.
iai pleadings interrogatories or exceptions one pound.
Every motion of course before the chancellor five shillings.
Every special motion ten shillings.
Arguing every plea or demurrer thirty shillings.
Arguing before the master upon exception or any other matter one
pound.
Arguing before the chancellor upon petition when necessary one
pound.
Arguing upon final hearing of every cause forty shillings.
Counsel fees upon special matters, where their advice is necessary
and not herein before provided for to be allowed by a master in like
proportion.
No fees to be taxed for more than one counsel.
The Sollictors Fees.
For retaining ffee in any cause twenty shillings. Solicitor's
Drawing every bill, answer, plea, demurrer interrogatory &c per sheet J|SlK»ry.
one shilline & sixpence.
Engrossing thereof per sheet nine pence.
Every copy thereof on paper per sheet sixpence.
Sollicitors fee for every term being three months five shillings.
Drawing every petition per sheet one shilling and sixpence.
Copy thereof per sheet six pence.
Drawing every affidavit per sheet one shilling & sixpence. Copy
thereof per sheet sixpence.
Fee for attending in getting every petition answered five shillings.
Attending upon hearing petition five shillings.
Attending the court upon the final argument or demurrer ten shillings.
Attending the register upon drawing every decretal order five shil-
Attending the chancellor upon every common motion four shillings.
Upon every special motion wherein is an argument six shillings.
Serving every order three shillings.
Giving notice of and attending the examination of every witness
either before examiner or master three shillings.
Drawing instructions to the examiner or master per sheet one shilling
aad sixpence.
The abbreviating every bill answer and all other proceedings and
<icpositions per sheet three pence.
Drawing brief for counsel per sheet one shilling and sixpence.
Copy thereof per sheet sixpence.
128
LAWS OF NEW YORK.
[Chap. 71.
8erff«ant-
at-anns*
fees In
ohaDoery
Drawing charge or discharge or other matter before the master per
sheet one shilling & six pence.
Copy of every order upon refference to a master per sheet sixpence.
Serving the master therewith three shillings.
Attending the master upon every summons five shillings.
Attending the master to file the same one shilling and sixpence.
Drawing every bill of costs to be taxed per sheet one shilling and
sixpence.
Drawing the masters report thereof per sheet one shilling and six-
pence.
Fee in attending for the report five shillings.
Drawing notice of every motion, copy thereof and service three shil-
lings.
The Serjeant at Arms Fees.
For taking a prisoner into custody eight shillings.
Mileage for each mile going out only nine pence.
The return of an order one shilling.
Every hearing three shillings if he attends.
Serving every summons to attend a master one shilling.
Every person in contempt before being discharged of his contempt
shall besides other fees pay to the sergeant at arms six shillings and
eight pence.
The service of every subpoena or other process four shillings.
Every mile going out only, nine pence.
Taking bail upon every attachment or ne exeat six shillings.
Judges of
the su-
preme
court,
fees of.
The Judges of the Supreme Court.
For allowing a writ of error & marking the roll that a writ is allowed
five shillings.
Every supersedeas three shillings.
Taking bail three shillings.
Filing every bail piece or recognizance one shilling.
Searching for bail first term one shilling. Every term after sixpence.
Signing every writ of priviledge, habeas corpus, procedendo, certiorari
or prohibition, three shillings.
Confession of a judgment out of court three shillings.
Acknowledgment of satisfaction out of court three shillings.
Acknowledging a deed four shillings.
Admitting an infant by his guardian four shillings.
Taking an affidavit one shilling.
Admitting an attorney one pound ten shillings to be paid to the
judge or judges present at the admission.
The judge licenceing an attorney ten shillings.
Taxing a bill of costs six shillings.
Signing judgment roll two shillings.
In every cause to be paid on the first motion, unless criminal five
shillings, to be divided amongst the judges attending.
Attending on balloting or striking a jury or both ffive shillings.
Every attendance on motion or argument or special matter at his
chambers and on examining a witness five shillings.
Every certificate or order upon an act for relief of insolvent debtors
three shillings.
Every warrant order report or certificate upon the act relative to
absenting debtors three shillings.
Every appointment of trustees three shillings.
Chap. 71.] EIGHTH SESSION. 129
The Attorney General's Ffees in the Supreme Court.
Entring every cessat processus or nolo prosequi for each defendant Attorney-
five shillings. frS''t'h,
Every process on indictment or other common writ per sheet one JJPJJ™*
shilling and sixpence; engrossing on parchment one shilling.
Drawing every indictment, or information general, six shillings.
Copying and ingrossing the same four shillings.
Drawing all special indictments and pleadings ^ sheet seventy two
words to a sheet one shilling and sixpence.
A copy thereof per sheet as aforesaid nine pence.
Every motion in court five shillings.
Fee on tryal demurrer special verdict or in error or on pleas con-
fessed twenty four shillings.
Every warrant to acknowledge satisfaction on record six shillings.
All other proceedings the like ffees as are herein after allowed for the
Kke services to attomies in the supreme court.
The Attornies Fees in the Supreme Court.
For retaining fee ;^i., 9s., od. But where several suits are brought Attorney's
upon one bond or note no more than one retaining fee shall be allowed. iSSreme
Warrant of attorney two shillings and three pence. court
Drawing all processes and returns admissions by guardians or next
friend and recognizance of bail, each sheet seventy two words in a
^eet one shilling and sixpence.
All engrossments on parchment each sheet one shilling.
Every term fee five shillings, but no more than three to be allowed
unless the party caused that terms delay for which it is charged.
Drawing bonds to prosecute, affidavits, pleadings, adjournments sug-
gestions and other necessary entries each sheet of seventy two words
one shilling and sixpence.
Copies on paper sixpence per sheet and ingrossments on parchment
one shilling.
Every motion five shillings.
Every attendance before the court of errors in order to make a motion
whether made or not, or to oppose a motion ten shillings.
Arguing every special motion ten shillings.
Fee on trial or inquest or in error twelve shillings.
Service of a declaration in ejectment the same as service of process
by sheriff.
Fee for arguing of demurrer, or special verdict, such sum as shall be
allowed in the discretion of the judge who shall tax the costs.
A brief and copy or copys thereof nine shillings.
Drawing up the judgment six shillings.
Entring the judgment on the roll three shillings.
Every continuance on the roll one shilling and sixpence.
Drawing a nolo prosequi or retraxit three shillings.
Entry thereof on the roll one shilling and sixpence.
Every notice and copy two shillings and sixpence.
Attendance on balloting or striking jury, or both five shillings.
On examining a witness four shillings.
On taxing a bill two shillings.
On giving or excepting to bail two shillings.
Attending a judge or other ordinary service two shillings.
Service of notice, every notice or rule one shilling and sixpence.
Vol, 2, — 17
130 LAWS OF NEW YORK. [Chap. 71.
Service of copy of the declaration and rule to plead one shilling and
sixpence.
Copy bill of costs to be taxed, delivered to the opposite party three
shillings ; . if before issue joined or judgment. If after six shillings.
Counsels Fee Where Counsel is Actually Employed and no
Costs to be Taxed More Than One Counsel.
OouDsei's For perusing and amending special pleadings and entries ten shillings.
supreme^* Assisting on demurrers, special motions and other special proceedings,
court. ten shillings.
Fee on trial one pound ten shillings.
Traveling charges on the circuits for every day thirteen shillings and
four pence.
The Clerk of the Court of Error's Fees.
Oierk'8 For reading and filing the writ, return and record three shillings,
court of ^'^ Filing every affidavit or other proceedings one shilling,
errors. Entring every rule and every copy thereof one shilling and sixpence.
On every writ in error two shillings and three pence.
Entring every appearance one shilling; entring every judgment or
dismission two shillings and three pence.
Copies of the records, pleadings and other proceedings by the sheet
each containing ninety words nine pence.
The Clerks Fees of the Supreme Court in Civil Causes.
Clerk's For sealing a writ, entring the same, filing tickett and entring on the
suprem?* docket two shillings and three pence,
court, civil Filing a declaration one shilling.
^^^^^^^ Entring an appearance one shilling.
Filing all other pleadings each one shilling.
Entring every rule one shilling and sixpence.
Swearing and impannelling a jury two shillings and three pence.
The return of a writ and filing same one shilling.
Swearing each witness sixpence.
Swearing a constable sixpence.
Reading each writing or evidence one shilling.
Filing the roll one shilling.
Taking the jurys verdict and entring the same in the minutes one
shilling and sixpence.
Special verdicts drawing or engrossing one shilling per sheet.
Entring judgment two shillings and three pence.
A retraxit or discontinuance one shilling.
Copies of records or other pleadings per sheet, each sheet containing
seventy two words one shilling.
Attending and striking a special jury and delivering a copy thereof
to each party six shillings.
Filing an affidavit or other paper on request nine pence.
Entring satisfaction on record one shilling and sixpence.
Searching the records within a year one shilling and sixpence.
Every year back sixpence,
idtcrim- In criminal causes where the services are done at the request of
inai cauaes ^y^q defendant or where he enters a nolo contendere or on voluntary
Chap. 71.] EIGHTH SESSION. 131
composition has his fine mitigated or where the service is for the ease
and advantage of the defendant or prisoner, or by order of the court
For every appearance one shilling.
The discharge of any person upon bail one shilling.
Every imparlance to an indictment one shilling.
Drawing process against any person upon an information or other
process three shillings and sixpence.
The plea to an indictment or information sixpence.
Reading the indictment information or record sixpence.
Swearing every witness on trial sixpence.
Engrossmg judgment on information one shilling and sixpence.
Respiting every recognizance ninepence.
Taking a recognizance four shillings and sixpence and entring thereof.
Copies of all indictments informations and pleadings per sheet each
sheet 72 words one shilling.
Relinquishing a plea one shilling.
A submission one shilling.
Judgment thereon one shilling.
A copy of the traverse one shilling.
Every subpoena for four witnesses or under two shillings and three
pence.
Every witness more sixpence.
Every order or rule of court one shilling and sixpence.
A copy of a rule of court one shilling.
Taking and copying every special verdict per sheet each sheet con-
taining seventy two words one shilling & sixpence.
For the allowance and recording a warrant of nolo prosequi or cessat
processus four shillings.
Fees for the Clerk of the Circuit Courts.
For entring in the judges book every cause to be tried three shillings, clerk's
Filing every nisi prius record three shillings. Srouit ^^*
Entering every rule one shilling and sixpence. court.
Swearing and impanelling jury two shillings and three pence.
Entering confession of lease entry and ouster one .shilling and sixpence.
Swearing each witness and swearing a constable each sixpence.
Reading every deed or piece of written evidence one shilling.
Filing a bill of exceptions or demurrer each one shilling.
Copies thereof nine pence per sheet.
Calling plaintiff and entering his default or appearance one shilling.
Taking a verdict and entring in minutes two shillings and three pence.
Returning every postea six shillings.
Entering every nonsuit one shilling and sixpence.
Entering default of juror and discharge of others one shilling and
sixpence.
Travelling charges eight shillings per day.
In criminal causes the same fees as iare before allowed to the clerk id • crim-
of the supreme court, and under the same restrictions ; and if he prose- *°~ causes
cutes for the people the like fees as are before allowed to the attorney
general, and traveling charges at thirteen shilling and four pence ^ day.
That all traveling charges shall be computed from the place of abode
of the attorney counsellor or clerk, and shall be computed after the rate
of thirty miles per day going and returning.
fee« In the Every mile from his abode sixpence to be computed from the sheriflfs
132 LAWS OF NEW YORK. [Chap. 71.
The Sheriffs Fees in the Supreme Court.
SheriflTs Serving a writ four shillings and sixpence.
fee« In t?*'" — - -
Bupreiue ^ , _ ^ _
court. place of abode except where it is otherwise fixed by law.
Bail bond three shillings.
Returning a writ one shilling.
Summoning a jury eight shillings.
Serving an execution, for or under one hundred pounds, per pound
six pence ; every pound more three pence.
The poundage on fieri facias, or other writs, for levying monies to be
taken only on the sum actually levied.
That where any sheriff shall levy or receive any debt or damages and
costs previous to or without an actual sale of the lands goods or chatties
seized or taken, he shall be entitled to no more than one half of the
poundage fees mentioned in this act, in all cases where such debt or
damages and costs shall exceed the sum of one hundred pounds.
Serving a writ of possession without the aid of the posse comitatus
ten shillings.
With the aid of the posse comitatus thirty shillings.
Every mile from the place fixed by law six pence.
For summoning a grand jury twenty four shillings.
Executing a criminal sixty shillings.
Making a list of freeholders to strike a jury one pound ten shillings.
Serving a scire ffacias and return five shillings and sixpence.
Every person committed to prison three shillings.
The discharge of every person out of prison being committed three
shillings.
Bringing up a prisoner by habeas corpus in civil cases, twelve shillings.
Every mile from the place of taking him sixpence.
Executing writ of inquiry and returning twelve shillings.
Attending a view in the same county per day fifteen shillings.
The like in a foreign county fourteen shillings per day.
Attending with a prisoner before a judge on his being surrended by
his bail and for receiving the prisoner into custody eight shillings.
For summoning a jury on forcible entry and detainer one pound ten
shillings.
Serving writ of restitution besides a mileage fees of sixpence per mile
fifteen shillings.
Copy of every writ one shilling and sixpence.
Serving warrant of attachment, taking in custody &c. so much as the
judge who issued the warrant shall certify.
The Cryers Fees in the Supreme Court. '
CJrier's For calling every action nine pence.
Spi^m?* Calling a jury one shilling,
court. Swearing a witness sixpence.
Calling every verdict ninepence.
Discharging every person by proclamation ninepence.
Calling the plaintiff on non suit nine pence.
Calling a defendant on recognizance nine pence.
Calling a default nine pence.
Ringing the bell, each action in court one shilling.
Chap. 71.] EIGHTH SESSION. 133
Jury's Fees in the Supreme Court.
Every juryman for each action on which he is sworn as a juror two Jury's
shillings except jury's of inquiry in the city of New York or city of 'Sprem?*
Albany each one shilling. c^^rt-
Every juror coming to and attending a view and returning per day
six shillings.
Every juror attending court from a foreign county coming and return-
ing per day four shillings and sixpence.
The Fees to be Allowed for Witnesses Summoned in the Sev-
eral Courts and Charges for Summoning them.
Each witness attending in his own county on trial two shillings per witneesee*
^y* . courts.
Attending from a foreign county and coming and returning per day
four shillings and sixpence.
Each witness subpoenaed in the county and detained from a foreign
county per day four shillings and sixpence.
Serving subpeena on each witness one shilling.
To a witness on a duces tecum coming from a foreign county attend-
ing and returning per day four shillings & sixpence except for the
jodge of probates, the secretary of the State, or clerk of a court, attend-
ing in a foreign county with wills records or other paper evidence, on
subpoena, thirteen shillings and four pence per day.
Surveyors Fees.
For going to and returning from a view per day ten shillings, thirty Surveyop't
miles per day. '*®**
His actual service per day on the view twelve shillings.
For going to, attending the court on trial, and returning per day ten
shillings.
The Judges and Justices Fees in the Courts of Common
Pleas and Mayors Courts.
For all actions in the court of common pleas three shillings. Judfeeand
Signing every judgment of court one shilling. Jees in"
Recorders ffees in the mayor's court, on first motion in every cause court* of
-:. tMT ^ common
ax shillings. pleas^SSd
Admittance of guardian one shilling and sixpence. SurtL'
Taking bail two shillings.
Acknowledging satisfaction on record ninepence.
Attending on shewing cause of action on other special matter at his
chamber two shillings.
Taxing and signing a bill of costs two shillings.
Proof or acknowledgment of a deed before the mayors of the respect-
ive corporations or in the counties before the judges of the court of
common pleas and not the assistant justices three shillings.
For admitting and licenceing an attorney half the fees in such cases
^flowed to the judges of the supreme court.
The Justices Ffees in or out of Sessions.
For every warrant in criminal cases, one shilling and sixpence. Justice's
On every trial of forcible entry or detainer twenty shillings — Every oti^o?^'^
P^ept in forcible entry or detainer three shillings. sessions.
134 LAWS OF NEW YORK. [Chap. 71.
Every bond or recognizance two shillings.
Administring an oath one shilling.
Making up and certifying record according to the act for preventing
trespasses one shilling per folio each folio seventy two words, copy
thereof sixpence per sheet.
Every certificate or order upon an act for relief of insolvent debtors
three shillings.
Every warrant order, report or certificate upon an absconding act
three shillings.
Every appointment of trustees three shillings.
The Attornies Fees in the Court of Common Pleas
& Mayors Courts.
Attoniej*fl Retaining fee one pound ; but where several suits are brought upon
cSurt"of ooc obligation or note, no more than one retaining fee to be allowed,
^eaaw^ Warrant of attorney one shilling,
mayor^ Every necessary motion two shillings.
court. Drawing every declaration and all other pleadings per sheet each
sheet containing seventy two words at one shilling.
Every copy thereof sixpence per sheet.
Drawing every notice of tryal copy and serving two shillings and three
pence.
Copy for the judge and serving one shilling and three pence.
Brief for trial and copy six shillings.
Fee on trial or inquest sixteen shillings.
Drawing bill of costs and copy three shillings.
Attending a judge on taxing costs or other necessary business two
shillings.
Fees for the Clerk of the Sessions.
aerk*8 For taking a recognizance and drawing it up in form three shillings
aaealooa^^ to be paid to the clerk or other person who does the service.
Drawing every indictment and ingrossing the same four shillings and
sixpence.
Receiving filing and reading the same one shilling and sixpence.
Subpoena for each witness sixpence.
A venire or other writ one shilling and sixpence.
Entering defendants appearance nine pence.
An execution two shillings.
Making up the record one shilling per sheet.
Copy thereof sixpence per sheet at seventy two words.
Every order on rule of court nine pence.
Entering a nolo prosequi or cessat processus one shilling and six pence.
A venire for a jury to enquire of riots forcible entries detainers &c
two shillings.
Drawing and ingrossing inquisition and returning same six shillings.
Filing record one shilling.
Entring the pannel and swearing the jury two shillings.
Swearing witness and constable each six pence.
Reading each evidence or petition in court sixpence.
Taking and entring verdict one shilling.
Entring judgment and the ffine one shilling and three pence.
Entring defendants confession one shilling and three pence.
Copies of indictments and pleadings if required, each sheet of seventy
two words sixpence.
Chap. 71.J EIGHTH SESSION. 135
Receiving reading and filing every town order or other order brought
to be allowed at the court of sessions and entring the confirmation and
recording the same as in other cases per sheet of seventy two words
one shilling.
Fees for the Clerks of the Common Pleas and Mayors Courts.
For every writ of capias entring action and seal two shillings and Cierk'i
*u,^^ ^^^^J 1-0 o fees In the
three pence. court of
A bond given by the plaintiff when he is not a freeholder three shil- Jf^^
lings. t mayor's
Filing declaration sixpence. ^*"**
Copy of a declaration or other pleading if required per sheet each
sheet containing seventy two words sixpence.
A discontinuance or retraxit one shilling.
Altering the declaration in ejectment and admitting a defendant one
shilling and three pence.
Entripg every motion and rule thereon one shilling.
Copy of every .rule when required one shilling.
Bringing a particular record into court two shillings.
Receiving and entring verdict one shilling.
Entring satisfaction on record two shillings.
Entring judgment one shilling and three pence.
Reading and entring allowance of every habeas corpus, writ of error
or certiorari, and the return, two shillings.
An execution two shillings and three pence.
Transmit of the record in error and returning it with the writ every
sheet of seventy two words six pence.
Every writ of inquiry sixpence per sheet,
Entring defendants appearance sixpence.'
Drawing and filing special bail in or out of court, one shilling and
sixpence.
Filing every plea, replication, rejoinder or other pleading, sixpence.
A venire two shillings and three pence.
Receiving and entring the pannel and swearing the jury one shilling
and six pence.
A habeas corpra juratorum two shillings and three pence.
Subpoena for each witness six pence.
Reading every evidence in court sixpence.
Swearing each witness sixpence.
Swearing constable sixpence.
Making up and entring a record of judgment one shilling per sheet.
Engrossing sixpence.
Copy of a record of a judgment when required, six pence per sheet,
of seventy two words.
Searching the records, within one year one shilling. Every year back
sixpence.
Copies of records per sheet of seventy two werds each, sixpence.
The Sheriffs Ffees in the Courts of Common Pleas and Mayors
Courts.
For serving a writ and taking into custody three shillings. fsM^ioi the
Every mile as fixed by law sixpence per mile. co"rt of
Every bail bond three shillings. pleas and
Returning a writ nine pence. SmrtJ!*
136
LAWS OF NEW YORK.
[Chap. 71.
Summoning a juiy six shillings.
Attending a view per day eight shillings.
Going and returning eight shillings per day.
Serving and returning scire facias three shillings.
. Serving an execution for every pound under one hundred pounds
six pence, every pound more three pence.
Serving a writ of possession with the aid of a posse commitatus
twenty shillings.
Every mile from his abode six pence.
Serving such writ without the aid of the posse comitatus ten shil-
lings.
Every person committed to the common prison three shillings.
The discharge of every person out of common prison three shillings.
Executing a writ of inquiry and drawing inquisition and returning
the same with the writt twelve shillings.
Serving a summons one shilling.
For attending with a prisoner before a judge on his being surrendered
by his bail, and for receiving the prisoner into custody four shillings.
In criminal matters the like ffees in the respective courts as for the
like services in civil causes to be allowed only where the defendant enters
a nolo contendere or on voluntary composition hath his ffine mittigated
or where the services are done at the request of or for the ease or
advantage of the defendant or prisoner or by order of the court.
Crier's fees
lo seseloos,
oommoo
pleas aod
mayor's
court.
The Cryers Fees in the Courts of Sessions, Common Pleas or
Mayors Court.
For calling a jury in each cause one shilling.
Calling and swearing every witness sixpence.
Calling every verdict nine pence.
Calling every action nine pence.
Ringing the bell for every action nine pence.
Discharging every person by proclamation nine pence.
Jury's
feeiL In
sessioiiSi
common
pleas and
mayors*
court.
Coroner*8
fees.
The Jury's Fees in the Courts of Sessions, Common Pleas or
Mayors Courts.
Every juryman sworn in each action two shillings except in the
mayors court of New York and Albany one shilling.
Every juror attending a view per day four shillings.
The Coroners Fees.
For the view of each body twenty four shillings, except in the cities
of New York and Albany twelve shillings.
Each juryman that sits on the body one shilling.
For witnesses the same allowance as in the supreme court
Serving writs in all cases the same as is herein before allowed to the
sheriff for the like service.
That the fees of the coroners inquest shall be certified by at least one
of the supervisors and paid by the treasurer of the county.
That in the city of New York such fees shall be paid by the Chamber-
lain on a certificate of the mayor or recorder provided that in Rich-
mond county the coroners fees shall be no more than twelve shillings
Chap. 71.] EIGHTH SESSION. 137
Fees of the Probate Office.
For administing an oath one shilling and sixpence. Probate
For all copies of each folio consisting of one hundred and twenty t^ot.
eight words one shilling and sixpence.
For seal six shillings.
For filing one shilling and six pence.
For a search one shilling and sixpence.
For a citation exclusive of seal, four shillings.
For a letter of administration one pound.
Taking and filing a renunciation and taking proof of a renunciation,
and which proof the Judge of Probates or any one of the surrogates is
hereby authorized & required to take four shillings.
Where a will or administration is contested, for hearing and deter
mining, sixteen shillings.
The judge of probate is not to charge for any thing done or charged
by any surrogate unless when the said judge acts as surrogate.
Surrogates Fees.
Ffor proving a will, indorsing certificates, conveying it to the office Surro-
&c one pound. *^**'* '•^^
For qualifying administrator taking bond and writing certificate
twelve shillings.
For a citation when they issue it, four shillings.
For filing caveat one shilling and sixpence.
For proving a codicil, if proved separately twelve shillings.
For examining and proving an inventory or account eight shillings.
For granting admistration with the will annexed one pound.
Secretary and Clerks Ffees for Recording.
For recording mortgages ^s by law directed the fee instead of three Reoordin^
shillings one shilling & sixpence per sheet one hundred and twenty t2ry anS'^
eight words per sheet. clerks.
Recording a bill of sale one shilling and sixpence per sheet one hun-
dred and twenty eight words in each sheet.
For recording all deeds one hundred and twenty eight words per
sheet one shilling and six pence.
Copies of all ];ecords and deeds per sheet one shilling.
Secretary's Fees for Issuing Commissions.
For a judge of Supreme Court twenty four shillings. Seoretanr'B
For a first judge of an inferior court twenty four shillings. guiSffcom- •
For the other judges of an Inferior court eight shillings. misaionB.
For each justice whose name is inserted in a commission four shil*
lini
or a collector of the Customs twenty four shillings.
For each of the other officers of the Customs sixteen shillings.
For each delegate to Congress twenty-four shillings,
^or a sheriff twenty four shillings.
For a coroner six shillings.
I^or a mayor twenty-four shillings.
For a recorder sixteen shillings.
For a clerk of a county twenty four shillings.
Vol. 2. — 18.
13« LAWS OF NEW YORK. LChap. 72.
For a commissioner of forfeiture twenty four shillings
For entring a caveat one shilling and sixpence.
Miutanr For military commissions,
•loD™ For each field officer sixteen shillings.
For each captain eight shillings.
For each subaltern four shillings.
Other com- Other commissions not above enumerated as follows.
missious Y\x%\. those of profit sixteen shillings.
Those of no profit eight shillings.
Act ex- And be it further enacted by the authority aforesaid That this act shall
aSTa^ooa t>e construed to extend to all suits or actions already commenced and
cMtenot ^i^P^'^^^^g ^^ ^^y courts of record in this State and wherein the bills
yettiuLed. of costs are not already taxed.
AH bills of And be it further enacted by the authority aforesaid That the judges
tSed M^ of the respective courts herein before mentioned shall allow all bills of
Si^iS?.^ costs arising within their respective courts according to the table of fees
herein before established and no otherwise.
Eveiy per- And be it enacted by the authority aforesaid^ That all and every person
proeSsute ^^^ persons shall be allowed to carry on defend and try his her and
or defend their suit or action in any court of record in this State.
^^s^ ^^^ ^^ ^^ f^^^^^^ enacted by the authority aforesaid That for any ser-
noteo^ vices actually performed which are not enumerated or provided for by
iobetaxed this act the judges shall certify or tax so much for such services as the
tSon'o?^ same are really worth and no more.
Judge.
CHAP. 72.
AN ACT authorizing the freeholders and inhabitants of the town-
ship of Westchester to choose trustees for the purposes therein
mentioned.
Passed the i8th of April, 1785.
West- Be it enacted by the People of tne State of New York represented in
towBo/ Senate and Assembly^ and it is hereby enacted by the authority of the same
trustees* to That it shall and may be lawful for the freeholders and inhabitants of
of oom^ the township of Westchester in the county of Westchester, to assemble
mon lands, at the usual place of holding town meetings, on the first Tuesday in
May next, and on the first Tuesday in April in every year thereafter,
and then and there in the usual manner of electing town-officers, to
choose six freeholders, who shall be resident in the said township, for
trustees: which trustees when so chosen, or a majority of them, shall
and may order and dispose of all or any part of the undivided lands
' within the said township as fully and amply to all intents constructions
and purposes whatsoever, as trustees have used and been accustomed to
do, undej any patent or patents charter or charters heretofore given or
Perry to granted to the freeholders and inhabitants of the said township. And also
riw t?*^ that it shall and may be lawful for the trustees to be chosen and elected
Flushing, by virtue of this act, to lease out the right and priviledge of setting up,
keeping and maintaining a ferry across the East river from t!ie said
township of Westchester to the township of Flushing in Queens county,
in like manner and under the same rules and regulations, and for the
like purposes as are prescribed for the township of Oyster-Bay and
New Rochelle, in and by an Act establishing and regulating ferries
across the East river between the counties of Queens and Westchester"
Chap. 73,] EIGHTH SESSION. 139
passed at the present meeting of the legislature: provided always that Proviso, «•
the rates of ferriage to be demanded received or taken at such ferry, to fSiSiS©^
be kept from the said township of Westchester to the township of
Flushing «hall not exceed the three fourth parts of the rates of ferriage
, for the like persons and articles, by the said act allowed to be taken and
received at the ferry to be kept from the township of New Rochelle*.
And be it further enacted by the authority afores\iid That the district West-
formerly called and known by the stile of the borough and town of boroifgfi
Westchester, shall henceforth be called and known by the name of the Jhan^Si to
township of Westchester. towi?oi.
CHAP. 73.
AN ACT for the relief of Thomas Clark, and for other purposes
therein mentioned.
Passed the 20th of April, 1785.
Whereas the undivided moiety of twelve thousand acres of land Preamble;
situate in New Perth in the county of Washington lately known by the }JSd in'
name of Charlotte county hath become vested in the people of this Waahinflf-
State by the attaind of Oliver De Lancey who held the same in com- by"cS?vw '
mon with Peter Du Bois. And whereas the said Peter Du Bois was also J®i^"^^
attainted and the said Oliver De Lancey and Peter Du Bois before their DuBofs to
attainder granted the said twelve thousand acres of land to Thomas ciMk\*Bet-
Clarke in fee reserving a yearly rent of one shilling an acre forever and tiement oi
afterwards the said Thomas Clarke granted the said lands to a number * •"*"••
of persons in severalty in fee reserving the same rent on each respective
grant, and whereas the said Peter Du Bois before his attainder mortgaged
his estate in the said lands for a considerable sum of money to Jonathan
Mallet and afterwards that is to say on the twentieth day of December
in the year of our lord one thousand seven hundred and seventy hav-
ing become insolvent did grant and convey among other things all his
estate in the lands above mentioned to certain trustees therein named
and to their heirs and assigns to be converted into money, and after
discharging the above mentioned mortgage to be distributed among his
creditors named in a certain schedule annexed to the indenture purport-
ing such conveyance as aforesaid, and whereas the said Peter Du Bois
is since dead, and the said Thomas Clarke hath by his humble petition
to the legislature prayed leave to surrender his estate in the said lands
on being released from the covenants entered into by him with the said
Oliver De Lancey and Peter Du Bois and that he may receive a com-
pensation for procuring settlers on the said lands by his industry and
exertions agreable to certain engagements entered into with him by
the said Oliver De Lancey and Peter Du Bois and the trustees of the
creditors of the said Peter Du Bois having signified their desire that
the said Thomas Clarke shall make such surrender and be discharged
from the covenants entered into by him as aforesaid so far as respects
the moiety vested in them under the said Peter Dubois and that they
may also be more effectually enabled to accomplish the said trust which
from the attainder of one of the said trustees is embarressed with diffi-
culties and the legislature being willing to comply with the petition of
the said Thomas Clarke so far as the said lands are vested in the people
of this State, and in order that the embarrassments attending the exe-
cution of the said trust should be removed. Therefore
140 , LAWS OF NEW YORK. [Chap. 73.
Interest of Be it enacted by the People of the State of New York ref resented in
cuSk In Senate and Assembly and it is hereby enacted by the authority of the same
lands re- That the estate right title rents issues profits reversions and remainders
vested, the of and in the said tract of land and premises whereof the said Thomas
In ihe^peo- ^^^^^ ^^ in any wise seized or entitled by virtue of or under the grant •
pie, the and conveyance so to him thereof made by the said Oliver De Lancey
mihe*^**' ^^d Peter Du Bois in manner aforesaid, and all and every indenture
m^tees of covenant grant agreement and reservation to him made and entered
DuBois, into with the said Thomas Clarke for or in respect of the said tract of
land by all and every his grantees and undertenants to whom he hath
granted and conveyed the same or any part or parcel thereof shall be
and hereby are fully and absolutely transferred and vested in manner
and form following (that is to say) one full and equal undivided moiety
or half part thereof in the people of this State, and the other full and
equal undivided moiety or half part thereof in such of the surviving
trustees of the creditors of the said Peter Du Bois as are or may be
capable in the law to execute the said trust and on or before the twelfth
day of August next shall take an oath faithfully to account to the peo-
ple of this State for the surplus of the monies arising from the moiety
of the said land and premises which shall remain in their hands after
paying the debts in the said schedule mentioned if any surplus there
shall be which oath shall be administerd by one of the judges of the
supreme court and filed in the secretery's office. And it shall and may
be lawful! for the people of this State, and for such of the trustees of
the creditors of the said Peter Du Bois as aforesaid respectively to have
and maintain seperate suits and actions in their own name severally for
the recovery each of the equal moiety of all or any of the said lands
and tenements, and the rents, issues, and profits thereof or reserved
thereupon which at and immediately before passing of this act were
vested in or forfeited or due and in arrear to the said Thomas Clarke
or which thereafter shall or may become forfeited or in arrear as fully
and amply as the said Thomas Clarke might or could have sued for or
recovered the same had this act never been passed.
Oommis- And be it further enacted by the authority aforesaid That it shall and
forfeUures "^^ly ^e lawfuU for the commissioner of forfeitures for the eastern dis-
Jo »«" ^be trict of this State and he is hereby authorized and required to grant sell
the State and dispose of the estate right and interest of the people of this State
iand8*re- ^^ ^^^ ^^ ^^ moiety of the said lands and the rents issues and profits
ferred to. thereof in the same manner as by law he may or ought to grant and
convey other lands and tenements belonging and forfeited to the people
within the said eastern district, and in like manner it shall be lawful!
for such trustees or trustee of the creditors of the said Peter Du Bois
to grant sell and dispose of the moiety of the right estate and interest
so vested in them of and in the said lands and tenements and the rents
Proviso; issues and profits thereof provided cUways that no act or deed grant or
toa^t Ui- release action or suit judgment or execution to be made executed sued
trustee of ^^ prosecuted on the part of the people of this State with respect to the
Peter said lands and tenements or the rents and profits thereof shall in any
DuBois. ^jgg affect the moiety thereof so vested in the trustees of the creditors
of the said Peter Du Bois or prejudice or bar any action or suit by
them to be commenced or prosecuted respecting the same and that no
act or deed grant or release action or suit judgment or execution to be
done executed sued or prosecuted by or on the part of the trustees for
the creditors of the said Peter Du Bois with respect to the moiety of
the said lands and premises or the rents issues and profits thereof so
vested in them shall in any way affect the moiety thereof vested in the
Chap. 74.J EIGHTH SESSION. 141
people of this State or bar any action or suit by or tor them to be
commenced or prosecuted respecting the same, but until partition shall
be made thereof the people of this State their grantees and assigns
shall be entitled to and have recover and receive one equal moiety of
the rents issues and profits reserved on and payable out of the said
lands and premises and the trustees of the said Peter Du Bois their
grantees and assigns the other equal moiety thereof provided always Proviso;
that the said trustees of the creditors of the said Peter Du Bois shall JfJ^n {f;f^
faithfully account to the treasurer of this State for any surplus which trustees of
may remain in their hands after paying and satisfying the debts men- S?°id*o^
tioned in the schedule annexed to the deed of trust from the said Peter Jjj| ^f
Du Bois and also such proportion or dividend of the said estate as is or vested in
may be due to Henry White Isaac Low and John Tabor Kemp three ***®™-
of the creditors of the said Peter Du Bois named in the said schedule
their estate being forfeited to and vested in the people of this State by
attainder which proportion or dividend may be paid by the underten-
ants of the said Thomas Clarke proportion ably in such certificates^ as
are receivable by law in the purchase of lands forfeited to the people
of this State.
And be it further enacted by the authority aforesaid That as a com- OntoKr
pensation for the services and expences of the said Thomas Clarke in aiSce SS?
promoting the settlement of the said lands the treasurer of this State w^ces
pay to him the sum of fifty pounds in specie and grant to him a certifi- ^n^ln
Gate or certificates for one hundred and fifty pounds which shall be ?I?/i^£5^5»
... 1,^ i- i * -rx . -, 1 , settlement
receiveable in payment on the sale of confiscated estates. Provided always of the
that the said Thomas Clarke shall previously pay to the said commis- ^^^
sioner such of the rents and arrears of rents as the said Thomas Clarke as to '
has received from any of the tenants aforesaid and which he has not JS^T^omas
paid or for which he has not accounted to the said Oliver De Lancey aarke and
and Peter Du Bois and provided also that the said Thomas Clarke do pre- counud
viously pay to the said commissioner such sum or sums of money as he '®^'
shall or may have received in consequence of his sale of any of the said
lands on account of the tenants not paying their rents or not perform-
ing any of the covenants or agreements contained in any of the leases
granted to the said tenants. And that in such case the said Thomas Thomas
Clarke his heirs executors and administrators shall be finally discharged chwg^d l5
from the covenants by him entered into with the said Oliver Delancey ail itabuity
and Peter Dubois respecting the said lands. out of "ease
toiiiiii.
CHAP. 74.
AN ACT for the relief of Ram Hertenburgh and John Carpenter.
Passed the 20th of April, 1785.
Whereas Ram Hertenburgh of Oyster Bay in Queens county, hath ^JJj^Jli
by his petition to the legislature, set forth that on the thirtieth day of of lands ia
March one thousand seven hundred and eighty-one, he did sell and bounty by
convey unto Jeromez Bennet, a certain messuage and farm in the said ^romez
county, that in part of the consideration money, he took a mortgage of Ra?? Hei^
the said Jeromez Bennet, on the said premises, situate, lying and being ^"J^jJe&y
between Wolver-hallow and Mill River-hallow, butted and bounded as waters,
fdlows vizt : Beginning at a stump eastward from the dwelling house "dPr^^
on the said farm and on the north side of the high-way leading from corded
142 LAWS OF NEW YORK. [Chap. 74.
during the Wolver-hollow to TowTi, at the corner of cleared land, thence running
north forty-six degrees west nineteen rods and five links of chain to a
red oak saplin marked, thence north thirty two degrees west, forty-one
rod, and about one half, thence west fifteen rod, thence south twenty-
three rods, thence west forty eight rods, thence south one rod to a
forked black oak saplin^ thence south forty-six degrees and two thirds
west seventy-one rods to a black oak stump, thence south east, about
ninety-nine rods and two thirds to the road leading from the said Wol-
verhollow, and thence running by the said road north easterly as the
road runs to the first bounds or place of beginning, containing sixty six
acres and three quarters of land ; which deed of mortgage was on the
twenty seventh day of February, one thousand seven hundred and
eighty-three acknowledged before Valentine H. Peters, who then stiled
himself a judge of the court of common pleas, in and for the county of
Queens, and recorded in the register of mortgages for Queens county
by Samuel Clowes, who then stiled himself clerk of the said county ;
that on the fourteenth day of March one thousand seven hundred and
' ei^ty-five the messuage tenement and lot of land above described, was
again mortgaged by the said Jeromez Bennet, and Mary his wife to
Nealey Waters of the said county of Queens, sister of the said Jeromez
Bennet for securing the payment of one hundred and twenty-two
pounds eleven shillings and five pence and which last deed of mortgage,
hath, since the establishment of civil government in the southern dis-
trict of this State, been acknowledged and recorded in the register of
mortgages for Queens county by the present clerk of the said county;
and praying a law to confirm the acknowledgment and recording of the
first above mentioned mortgage, therefore
Mortgage Be it enacted by the People of the State of New York represented in
Horu>?- Senate and Assembly^ and it is hereby enacted by the authority of the
^^^^^ same That the first abovementioned deed of mortgage, executed by
knowi- the said Jeromez Bennet to the said Ram Hertenburgh dated the
reconied** thirtieth day of March one thousand seven hundred and eighty-one,
as of the shall immediately from and after the same may have been or shall be
its^date. duly acknowledged and recorded in the register of mortgages for
Queens county by officers appointed under the Constitution of this
State, be deemed both in law and equity, to have priority to any deed
to any mortgage whatsoever of the premises, or any part thereof
described in the deed of mortgage aforesaid, executed by the said
Jeromez Bennet to the said Ram Hertenburgh as aforesaid, which shall
or may have been duly executed by the said Jeromez Bennet to any
person or persons whatsoever, subsequent to the day of the date of the
said mortgage to the said Ram Hertenburgh as aforesaid.
Preamble; And whereas John Carpenter of the township of Broekelyn in Kings
of'hmdsin county hath by his petition to the legislature, set forth, that in the month
Br(K)kiyn of May one thousand seven hundred and eighty-one, he did sell unto
OuestU) John Guest of the same town and county, a certain lot of ground at
pen^?and Broekelyn ferry, bounded on the north east or in front by the road or
George high-way, on the south west or rear by a lane or narrow street, on the
IxecuSd north west by an orchard or other land, heretofore belonging to Samuel
and re- Hopson, and now owned by John Nostrand, and on the south east by
during the Other lands formerly belonging to the said Hopson, and at present
^"' owned by Stephen Baldwin, containing in breadth in front eighty six
feet, in rear eighty feet and in length on each side one hundred and fifty
eight feet (be the same more or less) for the sum of twelve hundred
pounds; that at the time of the sale he received from the said John
Guest, payment of six hundred pounds in part of the consideration
Chap. 75.] EIGHTH SESSION. 143
money, ajid for the residue thereof the said John Guest executed a bond
or obligation to him, in the penal sum of twelve hundred pounds, con-
ditioned for the payment of six hundred' pounds with interest at seven
per cent and bearing date the eleventh day of May, one thousand seven
hundred and eighty-one, and for securing the payment of the said sum
of six hundred pounds with interest as aforesaid, the said John Guest
by indentures of lease and release, bearing date respectively the tenth
and eleventli days of May, one thousand seven hundred and eighty-one
mortgaged the said premises to him the said John Carpenter, that on
the nineteenth day of June in the year one thousand seven hundred and
eighty-one, he the said John Carpenter, procured the said mortgage to
be duly acknowledged before Cary Ludlow Esquire, who then stiled
himself and acted as master in chancery, under the authority of the
King of Great Britain and on the twenty-seventh day of August one
thousand seven hundred and eighty-two, had the said mortgage duly
recorded by John Rapalie Junr. Esquire, who then stiled himself and
acted as clerk of the said county of Kings, under authority also
derived from the said King of Great Britain: that on the eleventh flay
of October in the year one thousand seven hundred and eighty-one, the
said John Guest mortgaged the said premises to one George Powers for
securing the payment of six hundred pounds with interest at six per
cent That the said George Powers procured his said mortgage, after
being acknowledged, to be recorded by the said* John Rapalie Junr.
in the month of April one thousand seven hundred and eighty-three.
That the said George Powers likewise has, since the evacuation of the
southern district of this State by the British- troops, procured his said
mortgage to be acknowledged and recorded by persons authorized for
that purpose under our present government, which the said John Car-
penter by his petition says he did not know was necessary and there-
fore prays relief in the premises.
Be it therefore enacted by the authority aforesaid^ That from and after Mortmige
the day of the date of the legal registry of the said mortgage executed c^^enter
by the said John Guest to the said John Carpenter, the said mortgage ^^^^
shall be deemed to have priority to any deed of mortgage whatsoever edged and
executed by the said John Guest to any person or persons whomsoever 5lS*^ofthe
subsequent to the day of the date of the said mortgage executed as day of its
aforesaid- ^^
CHAP. 75.
AN ACT for the relief of persons improperly taxed.
Passed the 2pth of April, 1785.
Be it enacted by the People of the State of New York represented in Persons
Senate and Assembly ^ and it is hereby enacted by the authority of the same, ©^7 uSTed
That where any person shall have been taxed by virtue of the act enti- under cer-
tled "An act for raising ;^ 100,000 within the several counties therein Sen-*^'
mentioned passed the sixth day of May one thousand seven hundred t^ooed, re-
and eighty four, who is not within the description of persons to be erroneous
taxed by the said law shall make proof thereof to the satisfaction of ceed?n&"^
the supervisors of the county where such person is taxed, at any future 'or roas-
meeting, the supervisors in such case shall allow such tax as a necessary "®®*™®'^**
and contingent expence of the county and charge the same to the town
manor district or precinct where such tax was laid and collected and
the treasurer of the county shall pay the sum so collected to such per
son so taxed as aforesaid upon the order of the supervisors for that
144 LAWS OF NEW YORK. [Chap. 75.
purpose together with the interest for the same from the time of collect-
ing the said tax, that in the city of New York where any person shall
make proof to the satisfaction of the mayor aldermen and commonalty
in common council convened of his being taxed and not being within
the description of persons designed to be taxed by virtue of the said
law, they shall allow and charge such tax as a necessary and contingent
expence of the city to be assessed and collected with the next tax
which shall thereafter be laid in the city, and laid and assessed upon
the persons of the description mentioned in the said act above fnen-
tioned as objects thereof, and residing in the ward in which the person
so taxed resided and when collected shall be paid to the chamberlain
of the said city and the said chamberlain shall by order from the mayor
aldermen and commonalty of the said city in common council con-
vened pay out of the monies to arise by such tax unto such person the
sum at which he was taxed and which was collected from him together
with the interest of the same from the time it was received by the col-
ProTiao as lector provided always that in case any person who shall conceive him-
d^rmi^ self not within the description of persons liable to be taxed as afore-
Slimant. ^^ should be desirous of having a jury to investigate the facts
suggested by him it shall be lawful for the supervisors or the mayor
aldermen and commonalty respectively as aforesaid on the application
of the said person to issue a precept to the sherif of the city or county
in which the person so taxed may reside commanding him to summon
twelve freemen or freeholders of the city or county aforesaid to
enquire into the facts suggested by the person so taxed as aforesaid at
a day and place in the same mentioned and the said sherif having sum-
moned the same shall proceed with the said persons to enquire into the
facts suggested by the person so taxed and shall report the facts so
found by them under their hands to the supervisors and mayor or alder-
men and commonalty aforesaid and the said supervisors and mayor
aldermen and commonalty respectively shall determine upon the facts
reported to them whether the said person was within the description of
persons liable to be taxed or not as aforesaid and in case he was not
they shall proceed to give him relief in manner aforesaid and in case
the persons so summoned shall not attend at the time and place ap-
pointed in the precept aforesaid the sherif may summon them to attend
at some other day and place giving the person so taxed two days notice
of the same and the same fees shall be allowed to the sherif and jurors
for the business done in compliance with this act as they are allowed
on other civil inquests and shall be paid by the party who applied for
the inquest in case he should be within the description of persons liable
to be taxed by the law before mentioned to be recovered by the sherif
who attended the inquest in any court of record having cognizance of
the same and in case he should not be within the description of persons
liable to be taxed as aforesaid then the costs shall be paid by him and
. he shall have the same relief from the supervisors and maj'or aldermen
and commonalty as is provided respecting the tax so paid by him as
aforesaid.
And whereas it is represented to the Legislature by the collectors of
the city and county of New York that the poundage allowed them is
not sufficient to pay them for their services.
Collectors' Be it enacted by the authority aforesaid That the collectors for the city
N^ York ^^^ county of New York may retain in their hands four pence in the
o«ty In c^ pound for collecting the tax of one hundred thousand pounds assessed
nfenSd in pursuance of the act entitled "An act for raising ;^ioo,ooo within
^* the counties therein mentioned," any law to the contrary notwithstanding
Chap. 77.] EIGHTH SESSION. 145
CHAP. ro.
AN ACT to explain two acts therein mentioned.
Passed the 20th of April, 178^5.
Be it enacted by the People of the State of New York represented in Loan offl-
Senate and Assembly and it is hereby enacted by the authority of the same S|y i^^
That nothing in the act entitled " An act to enable persons to discharge treasury
debts due to this State for monies loaned while this State was a colony gpecies^f
shall be construed or deemed to enable the loan officers respectively or ™?"®jr^
persons who have acted as such to pay into the treasury any species of them. ^
paper money, which shall not be the money actually received by them
respectively in discharge of the monies loaned while this State was a
colony, any thing in the said act to the contrary notwithstanding.
And whereas doubts have arisen on the first section of the act entitled Preamble;
An act imposing duties on certain goods wares and merchandize im- cSJ^trS^-*^
ported into this State passed the eighteenth day of November one ^Jon of cer-
ihousand seven hundred and eighty four whether loaf sugar and rum
imported into this State manufactured in either of the United States
should pay the duty therein mentioned ; to explain which
Be it further enacted by t/te authority aforesaid^ That the exception Loaf sugar
made in the first enacting clause of the act aforesaid shall not be con- JeciarS
strued to extend to loaf sugar or rum from paying the duty imposed subject to
thereby notwithstanding such loaf sugar or rum be manufactured within though
the United States of America or any one of them. tured^in^
the United
, Htates.
CHAP. 77.
AN ACT to enable Abraham Spier and John Spier surviving exec-
utors of the last will and testament of Abraham Spier late of
Richmond county deceased to sell and convey the real estate
of the testator fo^ the payment of his debts and for other pur-
poses therein mentioned.
Passed the 21st of April, 17S5.
Be it enacted by the People of the State of New York^ represented in Surviving
Senate and Assembly and it is hereby enacted by the authority of the same^ of Abra"
That Abraham Spier and John Spier surviving executors of the last han» Spier,
will and testament of Abraham Spier late of Richmond county deceased R^fhmond
shall be and hereby are authorized and impowered to sell and dispose ?hoAzed*to
of all the real estate of the said Abraham Spier deceased and out of the sell real
monies arising therefrom to pay and satisfy the mortgages and incum- pa^^moft-
brances on the said real estate and the debts due to the other creditors i^aeeaand
of the said Abraham Spier according to their legal priority and to debts,
apply the residue of the monies arising from such sale or sales in such
manner as is directed in the said will.
Provided always that the said Abraham Spier and John Spier do and Proviso as
shall previous to their making such sale or sales give sufficient security bcffi^ven by
by bond to the register or such other officer of the court of chancery executors,
and in such sum as the chancellor of this State for the time being shall
by order of the said court direct for the faithful! performance of the
trust reposed in them.
Vol. 2. — iQ
,146 LAWS OF NEW YORK. [Chap. 79.
CHAP. T8.
A.N ACT to extend an act entitled *'An act for the better laying
out regulating and keeping in repair all common and public
highways and private roads in the counties of Ulster Orange
Dutchess Washington West Chester Albany and Montgomery,"
to the county of Richmond.
Passed the 21st of April, 1785.
Oeneral Be it enacted by the People of the State of New York represented in
&ot o7l%4 Senate and Assembly y and it is hereby enacted by the authority of the same,
toRph?*' ^^^^ ^^^ above mentioned act (which passed the fourth day of May
mond " one thousand seven hundred and eighty four) be and is hereby
county. extended to the county of Richmond.
CHAP. 79.
AN ACT to naturalize the persons therein named.
Passed the 22nd of April, 1785.
Proamble; WHEREAS James Young, George Hunter, Thomas Huntington, Case-
pISSm ^^ ™^^ Theodore Goerek, George Wray, Dudley Walsh, Henry Wadding-
named for ton, Noel Jean Barberin, James Tillary, George Dennis, Jacob Marck,
Son! *'*^ Frederick Kenough, Andrew Mayfield Carshore, Jeronimus Hoffman,
Henry Marx, George Brown, John Hoffman, John Hills, Samuel Chil-
letson, Lewis Cheller, Frederick Cheller, Henry Hooker, Rienier John
Van Der Broek, John Bartholemew Yendes, John Gottfried Glagau,
John Michael Krouse, Samuel Chollet Junior, John Kemp, Daniel
Zeeman, James Renwick, Robert Bruce, David Mitchelson, William
Jeffers, Conrad Harriett, Frederick Myer, Carl Gilly, Henry Klapp,
Henry Frederick, Charles Struve, Bohl Bohlem, Pieter Mabe, Willem
DeWaal, Christian Smack, Alkan Abraham Van Ottingen, Peter Thorup,
Barne Bowers, John Murray, Joseph Wilks, Dapiel Weydeman, James
Wilson, Christopher Lewis Lente, William Becking, Joshua Wadding-
ton, John Michael Krouse, Herman Berens, Christian Snike and John
Chalmers, have by their several petitions prayed to be naturalized and
admitted citizens of this State, Therefore
Persons Be it enacted by the People of the State of New York, represented in
olar^<SSh •Sif/Mf// and Assembly, and it is hereby enacted by the authority of the same^
sens on That all and every of the above named persons, shall be and hereby
oSh^of ai- are respectively naturalized, and shall from and immediately after hav-
leglanoe. j,^g taken and subscribed in any court of record within this State, the
oath of allegiance to this State, and abjured and renounced all allegi-
ance and subjection to all and every foreign king, prince, potentate, and
state, to all intents constructions and purposes whatsoever; and that the
courts in which any of the persons aforesaid, shall be admitted to the
oath aforesaid, shall cause an entry thereof, to be made in the record
of the said court, and shall give a certificate to such person, purporting
that such person hath been admitted to such oaths in the said court in
pursuance of this act; and the judges of the court where such record
shall be made, shall be entitled to demand and receive six shillings,
and the clerk of such court three shillings from each person to whom
such oaths shall be adminstred.
Chap. 8o.] EIGHTH SESSION. 147
CHAP* 80.
AN ACT authorizing the auditor to audit certain accounts and
claims and for other purposes there mentioned.
Passed the 22d of April, 1785.
Be it enacted by the People of the State of New York represented in Auditor to^
Senate and Assembly and it is hereby enacted by the authority of the same Sount8*of
That the auditor of this State be and is hereby directed to liquidate the gdny
accounts of Udny Hay late State agent in the best manner he can, and state **^
to obtain from the said Udny Hay all the accounts and vouchers he Jf^^Jj^ *"**
has in his possession, with a particular account of the monies he has ties. ^ "
advanced to the deputies under him, and the said auditor is hereby
directed to charge each respective deputy with the amount of each
respective sum, and each of them respectively are hereby directed to
settle with the said auditor in three months from the passing this act.
And be it further enacted by the authority aforesaid That the respect- Deputies
ive deputies shall produce to the auditor all the accounts and vouchers i« Pf^i?"®*
respecting their agency, and they shall particularly make a return of all under
the certificates they have respectively issued to whom issued and to 2? oath?"*
what amount and shall take the following oath or (if of the people
called Quakers aflfirmation I do solemnly swear (or affirm)
that the return herewith delivered to the auditor of this State is a just
and true return of all the certificates I have countersigned as deputy
under the State agent and that I have issued none but to persons from
whom I have actually received supplies or services performed for the
use of the army to the amount of the sum mentioned in such certificate
and that such supplies furnished were disposed of and services per-
fonned were agreeable to the direction of the State agent and the said
return herewith delivered contains the whole number I have issued.
And be it further enacted by the authority aforesaid That the said Manner in
auditor is hereby directed from the accounts delivered in by the said ^u^^^f
agent and his deputies to examine and enter in a book alphabetically certificates
the names of all persons to whom certificates have been given by whom Jj Editor
countersigned and for what amount a copy of which he is to deliver to JJerto^**
the treasurer of this State and the said treasurer is hereby directed to vent fraud!
enter in a book for the purpose the number of each certificate that is
paid in to him the name of the deputy who countersigned them name of
the person in whose favour the certificate was drawn and the amount
thereof and to carefully examine and compare the said account with
that delivered in by the auditor, and if on such examination he finds
any certificates paid in to him and for which there is no return made
thereof by the agent or any of his deputies it is hereby made the duty
of the treasurer to examine into every such case and where it appears
to him there has been certificates issued with an intent to defraud the
State the said treasurer is hereby directed to prosecute to effect every
such person who issued them.
And be it further enacted by the authority aforesaid That the auditor Allowances
in liquidating the accounts of the said State agent shall allow the said a^^ties?*
deputies in lieu of all pay and services as follows; for purchasing every
hundred weight of meal or flour one shilling every bushel of grain and
vegetable four pence per bushel every hundred weight of beef or pork
one shilling and six pence and twelve shillings per day for purchasing
hay while in actual service.
148
LAWS OF NEW YORK.
[Chap. 8o.
Balances
due depu-
ties to be
paid In
certifi-
cates.
Where
vouchers
destroyed
auditor to
take direc-
tions from
committee
of legisla-
ture.
Preamble;
as to settle-
ment with
officers un-
der act of
1784.
Treasurer
to prose-
cute delin-
quents.
Persons In-
debted to
State not
Account-
Inir before
day
named, to
be prose-
cuted.
Auditor to
settle ac-
counts of
citizens
asalnst
State Bffent
and depu-
ties.
And be it further enacted by the authority aforesaid That all ballances
that may be found due to any or either of the deputies under the State
agent the treasurer is hereby directed to give every such person upon
producing a certificate from the auditor a certificate for the amount
thereof bearing interest at five per cent per annum which certificates
shall be such as are receivable in the purchase of forfeited and confis-
cated estates.
And whereas it is probable in the settlement of the said State agents
accounts that difficulties may arise for want of vouchers and papers that
have been destroyed by fire
Be it enacted That the auditor in the settlement of all the accounts
with the said State agent & his deputies shall take his directions from
the committee appointed by the legislature on the eighteenth day of
November last and shall state the said accounts in such manner as they
shall direct and shall for want of proper vouchers admit such evidence
as the committee may think proper and the said committee are hereby
authorized and directed to admit such evidence upon every particular
case as they may think proper and to adjust and settle all such accounts
upon the principles of* equity and good conscience.
And whereas by an act entitled '*An act for the settlement. of the pay
of the levies and militia " passed the twenty seventh day of April one
thousand seven hundred and eighty four the officers receiving certificates
for services are directed within nine months to render a just and true
account of the delivery of the same with vouchers of payment and in
case any shall remain in his or their hands, shall return the same to the
said treasurer and whereas it has been represented to the legislature that
abuses have been committed by some of the officers and the certificates
not delivered agreable to law, the said treasurer shall and is hereby
directed to prosecute in three months after the expiration of the said
nine months in his own name in any court of record in this State hav-
ing cognizance of the same every delinquent person iind for the whole
amount of such sums for which certificates were issued and the treasurer
is hereby directed to require of every person returning such vouchers
and receipts to take the following oath before him or any justice of the
peace in this State that the receipts they respectively produce from the
individuals to whom the certificates belonged were bona fide signed by
them or their legal representatives to the best of their knowledge and
belief which oath said treasurer is hereby authorized to administer.
And whereas large sums of money have been advanced from time to
time in the course of the late war to persons who have not as yet
accounted for the same and other persons who have in their hands
monies for property by them sold belonging to the State; and as it is
necessary that all such accounts should be immediately settled
Be it enacted by the authority aforesaid That the treasurer of this
State do notify all persons who are indebted to this State in one or
more news papers printed in the cities of New York and Albany* for six
weeks successively to bring in their accounts and vouchers for settle-
ment on or before the first day of October next and in case of neglect
or refusal the treasurer is hereby directed to prosecute in his own name
to effect, every such delinquent person.
And be it further enacted by the authority aforesaid That the auditor
of this State by and with the consent of the committee appointed to
assist the auditor be and is hereby authorized to liquidate and settle
any account or claim which any of the citizens of this State may have
against the said State agent or any of his deputies and the treasurer of
Chap. 8o.] EIGHTH SESSION. 149
this State is hereby directed upon certificate of the auditor to grant a
certificate for such sums respectively as may be found due.
And be it further enacted by the authority aforesaid That the collector Collectors
for the ports of New York and Sagg Harbour shall respectively produce to plSwnt
to the auditor of this State within two months from the passing of this account of
act a true and just return on oath of all the goods wares and merchan- ti^ns and
dize subject to duty by the act passed the twenty second day of March '®®**
one thousand seven hundred and eighty four entitled "An act imposing
duties on the importation of certain goods wares and merchandize, and
also a true and just return of all the fees received in each respective
office and on a final examination and settlement of each respective
account the auditor of this State is hereby directed to certify to the
treasurer the amount thereof and the treasurer is hereby directed to
call on each respective collector for the ballance of each account if any
be due.
And be it further enacted by the authority aforesaid That the auditor Balances
of this State upon the settlement of each respective account where there staton
is a ballance due to the State, the committee appointed to assist the whatspecio
said auditor shall with the auditor and treasurer or a majority of them tob^paixi;
determine how the said ballance shall be paid into the treasury and the ^'{JJ^®^'"
said committee with the auditor and treasurer are hereby authorized to
examine and ascertain upon each particular account upon the principles
of equity and good conscience, and determine what ballances ought to
be paid in the paper money and other State securities and what in
specie.
And whereas great abuses have been committed by the treasurers
under the late colony in converting the public money to private uses by
which means the State have suffered great losses and it becomes the
duty of the legislature in future to provide against every such abuse
Be it enacted by the authority aforesaid that the committee appointed to Committee
assist the auditor in the settlement of the public accounts be and is auSffi®' to
hereby authorized and directed to examine into the accounts of the examine
treasurer of this State and his successors in office and from time to time Sf*treas-
and at least once in every year to ascertain and fully ballance his ^^^^'
account for the preceding year and once in every six months after pass-
ing this act they are hereby directed to ascertain and examine his cash
account and to see whether the ballance due to the State is actually in
the treasury and the said committee are hereby directed to lay a state
of the treasury before the legislature at their next meeting.
And be it further enacted by the authority aforesaid That the fourth Certain
section of the act intitled An act fpr the regulation of sales by public act Vmmed
auction passed the tenth day of February one thousand seven hundred repealed,
and eighty four be and is hereby repealed.
And be it further enacted by the authority aforesaid That every vendue Auction-
master or vendue masters auctioneer or auctioneers, qualified and comit'Tto
licenced is as by the before recited act directed and during the continu- ^e reti-
ance thereof who shall sell and dispose of any goods chatties wares ^^^ ^'
merchandize or effects at public vendue auction or outcry shall within
twenty days after the expiration of every three months, the first three
months to be computed from the date of the licence granted to such
vendue master or vendue masters, auctioneer or auctioneers respectively
render a just and true account in writing by him or them respectively
with his or their name or names subscribed to the treasurer of this State
for the time being of all goods wares merchandize or effects by him or
them sold at public vendue auction or outcry from the time of his or
their appointment, or the time that the last account by him or them was
150 LAWS OF NEW YORK. [Chap. So.
rendered to the treasurer as aforesaid the amount of each days sale and
the days when the same were respectively sold and shall thereupon take
the following oath or (if of the people called Quakers) affirmation
Form of I do solemnly and sincerely swear (or affirm) that the account
auctioneer. ^^^ exhibited by me and to which I have subscribed my name contains
a just and true account of all the goods wares merchandize and effects
sold by me subject to duty by law within the time mentioned in the said
account and of the days upon which the same were respectively sold so
Time in help me God. And such vendue master or vendue masters auctioneer
duty U) be ^^ auctioneers respectively shall within ten days after the rendering of
paid. such account and taking the said oath pay to the treasurer of this State
for the time being the amount of the duty upon such account of sales
by virtue of this act according to the true intent and meaning thereof
Proviso, hA provided always that it shall and may be lawful for such vendue master
eeraraid^' or auctioneer whose residence shall be more than sixty miles from the
distance ^^^^ ^^ ^^^ York, to render his said account, and to pay the amount of
from New such duties as by this act he is directed to pay unto the treasurer of
York. ^j^jg State, within twenty days after the expiration of every six months;
the first six months to be computed from the date of the licence granted
to such vendue master or auctioneer.
Penalty for And be it further enacted by t/ie authority, aforesaid That if any auc-
auotion^r. tioneer or auctioneers shall neglect or refuse to render in his or their
account or to pay the money due from him or them to the State for the
duties according to law the treasurer of this State shall and may in every
case of such neglect and refusal certify and publish the same in one or
more of the public news papers of this State and from the time of pub-
lishing such advertisement as aforesaid the licence of every such delin-
quent auctioneer shall be and is hereby declared to be revoked null
and void. •
Quakers And be it further enacted by the authority aforesaid That when any
reHef mi-^ person or persons that are intitled to the relief provided by the forty
der act fifth section of the act entitled "An act for the speedy sale of the con-
SSJaSftrm. fiscated and forfeited estates within this State and for other purposes
therein mentioned ** passed the twelfth day of May one thousand seven
hundred and eighty four, are of the people called Quakers it shall be
lawful for them to affirm instead of taking the oath therein prescribed.
Treasurer And be it further enacted by the authority aforesaid That the treasurer
certiScates o^ this State is hereby authorized and required to grant a certificate in
as bounty the usual form bearing interest at the rate of five per cent per annum
henslK.n'of from the time such money ought to be paid as a bounty for apprehend-
deserters. j^^g cleserters to any person or persons producing a certificate agreeable
to an act entitled "An act to encourage the apprehending of deserters
from the troops of this State serving in the army of the United States **
passed the first day of July one thousand seven hundred and eighty
one.
Tenants And be it further enacted by the authority aforesaid That it shall be
nSMionere' lawful for the commissioners of forfeitures, and for the late commission-
of forfeit- ers of sequestration in the respective districts, and they are hereby
ouestra- directed to receive from the persons who are or were the tenants on
i:?J?iiI!fL forfeited or sequestered estates for rents due from such tenants respec-
pay rent in . .i/--i/-*'i i j t ^ ■%
ceruin tively previous to the first day of April one thousand seven hundred
SJJJ^' and eighty three, such certificates as are directed to be received in pay-
ment for forfeited estates by an act entitled "An act for the speedy sale
of the confiscated and forfeited estates within this State, and for other
purposes therein mentioned" passed the twelfth day of May one
thousand sev^n hundred and eighty four; and that it shall be lawful for
Chap. 8o.] EIGHTH SESSION. 151
the late commissioners of sequestration in the several counties in this
State .or any other person or persons properly authorized by law for
that purpose to take and receive in payment from any person indebted
to the commissioners for any article or articles heretofore 5old by them,
any of the certificates aforesaid — provided that where rents are reserved PtotIso.
in wheat the said commissioners are hereby directed to charge each
respective tenant at and after the rate of eight shillings per bushel
provided that such payments are made before the first day of October
next ; and also provided that no interest shall be allowed or computed
on the said certificates in their payments for the rents and articles sold
as aforesaid.
And whereas in the thirty second clause of the act entitled **An act
to compel the payment of the arrears of taxes for enforcing the pay-
ment of [the arrears of taxes for enforcing the payment of*J fines and
amerciaments obliging sherifs to give security for the due execution of
their offices and for other purposes " passed November the twenty sixth
one thousand seven hundred and eighty four no express authority is
given to the treasurer to sue for recover and receive of such sherif or
sherifs so accounting the money for which he may be so accountable
to the auditor of this State pursuant to the said thirty second clause of
the above mentioned act therefore
Be it further enacted by the authority aforesaid That the treasurer of Treasurer
this State for the time being be and he is hereby directed and empow- Site'SSer-
cred to sue for recover and receive of and from each respective sherif ^^^l f^^
so accounting all such monies for which he shall in atiy wise be account- which they
able agreeable to the said thirty second clause of the above mentioned Jiwunt-
act. able.
And whereas colonel Marinus Willet in the progress of the late war
and while he commanded a body of the troops of this State conceived
it to be his duty, to take possession of and secure a considerable num-
ber of cattle and other effects the property of some of the frontier
mhabitants who were removed from their habitations on account of
their attachments to the enemy the greatest part whereof hath been
applied to public uses and the remamder sold to individuals an^ it
appears from the representation of the said Marinus Willet, that he hath
taken receipts certificates and notes in his own name for the said cattle
and effects which receipts certificates and notes he is desirous to trans-
fer and surrender for the use of the people of this State therefore
Be it further enacted by the authority aforesaid That it shall and may CoL Ma-
be lawful for the said Marinus Willet and he is hereby authorized and [i? m^**"
required to render an account on oath to the auditor of this State of the account
cattle and effects 50 by him or under his authority secured and taken in tor for*
manner aforesaid and of the application sale and disposal thereof, and of Jjf^ **<'•'
all vouchers receipts certificates notes and money which he may have
received or become possessed of in any wise respecting the same and
shall thereupon transfer surrender and deliver up to the treasurer of
this State for the use of the people thereof all such vouchers, receipts,
certificates, notes and money, in order that such of the said cattle as
have been applied for the support of the troops or army may in due
manner be charged and brought into account against the United States.
And that the former owners of the said cattle and other effects who are
entitled by law to satisfaction may have an opportunity of applying to
the legislature for the same.
* So in originaL
152 LAWS OF NEW YORK. [Chap. 8i.
On comply- And he it further enacted by the authority aforesaid That on complying
above^eo- with what is required by this act, the said Marinus Willet shall be and
Wifr ft** ^^ hereby is fully and absolutely indemnified and saved harmless for all
be die- and every his acts and proceedings touching the said cattle and effects
fiabifity ^' ^^^ ^^ ^^^^ ^^ action in law or equity shall be sued or maintainable
foraeiz- against him by any person or persons whomsoever for or in respect
"'**• thereof.
Prosecu- And be it further enacted by the authority aforesaid That no actions
a^inst suits or prosecutions whatsoever commenced or hereafter to be com-
state aj^t menced for or on account of the execution of the said office of State
suspended agent or by any of his deputies shall be deemed taken or carried into
of next°*^ effect against the said State agent or any of his deputies until the rising
session of of the legislature at the next meeting except where it is otherwise
legislature. ^^^^^^^^ ^y this act.
CHAP. 81.
AN ACT to prevent the firing of guns and other fire arms within
this State, on certain days therein mentioned.
Passed the 22d of April, 1785.
Preamble. WHEREAS great dangers have arisen, and mischief been done, by the
pernicious practice of firing guns, pistols, rockets, squibs, and other
fire works on the eve of the last day of December, and the first and
second days of January ; for prevention whereof for the future.
Firing of Be it enacted by the People of the State of New York represented in
Slsf'rodi- Senate and Assembly^ and it is hereby enacted by the authority of the same^
eto. ^n the ^^^^ ^^ ^^"J person or persons whomsoever, shall fire or discharge any
days gun, pistol, rocket, squib or other firework, within a quarter of a mile of
prShfbited; ^^ly building, on the said eve, or days beforementioned, every such
penalty, person so offending, and being thereof convicted before any justice of
the peace, of the city or county where such offence shall be committed
either by the confession of the party or parties so offending, or the oath
of any one credible witness, shall for every such offence forfeit the sum
of forty shillings with costs of suit, to be levied by distress and sale of
the offenders goods and chatties, by warrant under the hand and seal
of the said justice, before whom such conviction or convictions shall be
had as aforesaid, the one moiety of which forfeiture, to be applied to
the use of the poor, of the town or place wherein such offender shall be
convicted, and the other moiety to the use of the person or persons who
shall prosecute for the same and for want of sufficient distress, whereon
to levy the same, every such justice is hereby impowered and required,
by warrant under his hand and seal to commit every such person or
persons, so as aforesaid offending, to the common gaol of the county
wherein the said forfeiture shall arise, there to remain without bail or
mainprize for the space of one month, unless such forfeiture or forfeit-
ures be sooner paid.
Chap. 82.] EIGHTH SESSION. 153
CHAP. 82.
AN ACT to raise troops for the purposes, and in the manner
therein mentioned.
Passed the 22nd of April, 1785.
Whereas by resolutions of Congress of the first, seventh and twelfth preamble;
of April instant, this State is required to furnish one hundred and sixty ofcJjnmiMB
five non-commissioned officers and men, as its proportion of seven hun- for troope.
dred non-commissioned and men to be raised by the States therein
mentioned: And the troops so raised are to serve for the term of three
years unless sooner discharged, for the protection of the north-western
frontiers, to defend the settlers on the land belonging to the United
States from the depredations of the Indians and to prevent unwarrant-
able intrusions thereon, and for guarding the public stores: And that
this State do furnish one major, and as many other of the officers in
the said resolutions required, as shall be proportionable to the number
of privates to be raised by the same. And it is provided by the afore-
said resolutions, that each officer and soldier receive one month's pay
after they are embodied before their march, and at the following rates,
that is to say, to a lieutenant colonel fifty dollars, a major forty five
dollars, a captain thirty-five dollars, a lieutenant twenty six dollars, an
ensign twenty dollars, a serjeant six dollars, a corporal five dollars, a
drummer five dollars, a fifer five dollars, a private four dollars, a sur-
geon forty-five dollars, and a mate thirty dollars; and that the secretary
at war, form the said troops when raised into one regiment consisting
of eight companies of infantry and two of artillery, and make the other
necessary arrangements, subject to the order of Congress: That the
said troops when raised, are to be paid clothed and subsisted by the
United States. In compliance with the said resolution therefore,
Bg it enacted by the People of the State of New York represented in GorerDor
Senate and Assembly^ and it is hereby enacted by the authority of the same^ commia^'**
That the person administering the government of this State for the the sioned offl-
time being, shall be, and hereby is authorized, by and with the advice cruit^ '^
and consent of the council of appointment, to appoint one major, and ^""oope.
as many other of the officers in the before mentioned resolutions
required, as shall be proportionable to the number of privates assigned
to be raised by this State; and that the person administering the gov-
ernment as aforesaid, be also authorized to give directions to such of
the said officers so appointed, as he shall deem proper, to recruit the
men to be raised as aforesaid; and that eight shillings for each man,
shall be allowed to the officers who shall be employed in the business
of recruiting as aforesaid, and paid by the treasurer of this State to '
such officers respectively, on their producing from the person adminis-
tering the government a certificate specifying the number of men they
shall respectively have recruited in pursuance of this act, and which
shall have been mustered
And be it further enacted by the authority aforesaid^ That the officers Troops re-
andmen to be appointed and raised in pursuance of this act, shall, when be^aubjoct
embodied, on their march, on duty or in garrison, be subject to allp^o«of
the rules and regulations formed for the late army, or such other rules, etc! "™^'
as Congress or a committee of the States, may form. Protnded never- Proviso, aa
theless that nothing in this act shall be construed to authorize or justify meE^"n"
Vol. 2. — 20
154 LAWS OF NEW YORK. [Chap. 83.
laDds In any settlement under the United States in Congress assembled in or
diot?oa*of upon any lands within the limits reserved for the jurisdiction of this
thisBut^ State by the act of the cession made by the legislature to the said United
States, altho' such lands may have been or hereafter may be purchased
from the Indians by the commissioners of the United States: Nor be
construed to bar or prevent the citizens of this State, from settling upon
and cultivating any lands within the said reserved limits under the
authority of the legislature thereof, altho* such lands or any part thereof
may have been or hereafter shall be purchased from the Indians by any
commissioners of the United States: Nor be construed to prejudice the
right which this State hath to raise troops for defending and garrison-
ing their frontiers agreeably to the Articles of Confederation.
CHAP. 83.
AN ACT for incorporating the inhabitants residing within the
limits therein mentioned.
Passed the 22d of April, 1785.
Preamble; WHEREAS the inhabitants of that part of Clavarack district herein
St^cfavar-* after particularly mentioned and described, with other inhabitants of the
ack Land- said district, have, by their petition, among other things represented to
tSon For in- the legislature, that a number of the said inhabitants having commercial
tioir*'*" objects in view, have emigrated from the neighbouring States; and pur-
chased a tract of land in the. said district, adjacent to Clavarack land-
ing, and made, at a great expence, a settlement thereupon — that they
intend carrying on an extensive commerce and that in order to facili-
tate their undertakings, and to enable them to regulate their own con-
cerns and internal police, to adjust such differences as may arise within
their own limits, and give stabillity and permanent security to their set-
tlement, have prayed, that the district of country contained within the
limits herein after particularly mentioned, might be seperated from the
said district of Clavarack, and that the inhabitants thereof might be
erected into a body politic and corporate, with such powers jurisdic-
tions privileges and immunities, as should be deemed requisite to answer
the beneficial purposes, intended by such incorporation.
And whereas the legislature are inclined to give every suitable encour-
agement to the extension of the commerce of this State, and speedy
population thereof
District of I. Be it enacted by the People of the State of New York represented in
oamedT Senate and Assembly y and it is lureby enacted by the authority of the samey
erected That the district of country contained within the following limits to wit,
by^he^'*^ Beginning at the channel of the Hudsons river in the county of Albany
Hudson directly opposite the mouth of the creek commonly called major Abra-
hams creek, thence to and up the middle of said creek to the place
where the Clavarack creek empties into the said major Abrahams creek,
thence up along the middle of said Clavarack creek, until the said Clav-
arack creek strikes the line of the manor of Livingston as now held and
possessed, thence along the line of the said manor of Livingston to the
east side of Hudsons river, thence into the said river one hundred and
eighty feet below high water mark, thence to the place of beginning
keeping the same distance of one hundred and eighty feet all along from
high water mark aforesaid be and is hereby seperated from the said
Chap. 83.] EIGHTH SESSION. 155
Clavarack district, and that all the freemen of this State inhabitants
within the aforesaid limits, be and hereby are ordained constituted and
declared to be, from time to time and forever hereafter, one body cor-
porate and politic in fact and in name, by the name of The mayor
recorder aldermen and commonalty of the city of Hudson, and that by
that name, they and their successors forever, shall and may have perpetual
succession, and shall be persons in law, capable of suing and being sued,
pleading and being impleaded, answering and being answered unto,
defending and being defended in all courts and places whatsoever in all
manner of actions, suits, complaints, matters and causes whatsoever, and
of what kind or nature soever, and that they and their successors may
have a common seal, and may change and alter the same at their pleas-
ure, and also that they and their successors by the same name of The
mayor recorder aldermen and commonalty of the city of Hudson shall
be in law capable of purchasing, holding and conveying any estate real
or personal for the public use of the said zox^oxdXxon provided ntuerihe-
UsSy that all such real estate shall lie, and be included within the limits
of the said city of Hudson only, and not elsewhere, provided always, that S^jJS^' **
it shall and m^y be lawful to and for all and every the citizens sojourn- •?fej?®°^
ers and travellers within this State, at all times forever hereafter to have ways by all
the free use and enjoyment of all and every the high-ways, roads and JJ^d travef-
landing places within the limits of the said city, which have heretofore lere.
been used and enjoyed as such, and that without any toll, claim or
demand of the said corporation for the same, or any other interruption
whatsoever ; or any alteration of such road or high- way without the con-
sent and approbation of the commissioners of the high-ways of the dis-
trict next adjoining to the said city, whose inhabitants shall make use of
such road or high-way (any thing in this act contained to the contrary
hereof in any wise notwithstanding.
II. And be ii further enacted by the authority aforesaidy That there be. Officers of
and forever hereafter there shall and may be in and for the said city, *^* °**^'
one mayor, one recorder, four aldermen, four assistants, one common
clerk, one chief marshal, one chamberlain, one supervisor, and as many
assessors, collectors and constables,, as the common council of the said
city of Hudson hereinafter constituted and made, shall from time to time
deem necessary and direct to be chosen and elected, which supervisor
assessors collectors and constables so deemed necessary, and directed
to be chosen, shall forever hereafter be chosen and elected in the man-
ner and at the time and place hereinafter directed and appointed for the
annual election of officers within the said city.
III. And be it further enacted by the authority aforesaid That it shall Mayor, re-
and may be lawful to and for his excellency the governor, or person cfe?k and
administering the government of this State for the time being, by, and *'u*?'*™w'^
with the advice and consent of the council of appointment, and he and appointed
they are hereby authorised and required, within one month after the e?nor ^^^
passing of this act, and yearly forever thereafter at such time as the g^^®*^^
said council shall be assembled immediately after the first day of May te"raw of
in every year, to nominate and appoint out of the citizens and inhabit- offl««-
ants of the said city of Hudson, one fit and discreet person to be mayor
of the said city, and one fit and discreet person to be recorder of the
said city, which said mayor and recorder after such appointments
respectively shall continue in their said respective offices, to do and to
execute all things, which to their said several offices doth, or may sev-
erally and respectively belong or in any manner appertain, until other
fit persons be appointed and sworn in their room; and in like manner a
fit and discreet person shall be appointed out of the said citizens and
156 LAWS OF NEW YORK. [Chap. 83.
inhabitants, to be common clerk of the said city, who shall hold and
continue in office during the will and pleasure of the governor and
council of appointment ; and also another fit and discreet person shall
be appointed out of the citizens and inhabitants of the said city, to be
the chief marshal thereof, whose duty it shall be, to execute writs pro-
cesses and precepts to arise and be issued within the said city from the
courts and magistrates thereof in and about the administration of jus-
tice in the same manner as the sherifs of other cities and counties are
by law authorized to execute such writs processes and precepts ; and
which chief marshal shall be from time to time appointed, and shall
hold and exercise his office for such periods, as sherifs of other cities
and counties by law are or ought to be appointed, or may or ought by
law to hold and exercise their respective offices, which said mayor,
recorder, clerk and marshal shall be annually nominated and appointed
in manner and form aforesaid, until otherwise directed by the legisla-
ture.
Annual IV. And be it further enacted by the authority aforesaid. That on the
d^^^of"' second Monday in May next and on the second Monday in May in
city officers every succeeding year forever thereafter, the freemen of the said city,
«leGted. being inhabitants thereof shall and may assemble themselves, and meet
together at such time ot the day, and at such public place as the mayor
for the time being, or in his absence or sickness the recorder for the
time being shall appoint, and then and there by plurality of voices or
votes, elect and chuse out of the freemen inhabitants of the said city,
for the ensuing year, four aldermen four assistants, one supervisor, and
such a number of assessors constables and collectors, as the common
council for the said city shall from time to time deem necessary and
direct to be chosen.
Treasurer V. And be it further enacted by the authority aforesaid, That the mayor
berialnr™" ^^ recorder of the said city for the time being and two or more of the
appoint- aldermen and two or more of the assistants of the said city, shall and
men o . ^^^ ^^ ^^^ second Monday in May next, and on the second Monday
in May in every succeeding year forever thereafter in common council,
nominate and appoint one fit person being a freeman and inhabitant of
the said city to be the treasurer and chamberlain of the said city for
the year ensuing, every of which said persons, as are herein before nom-
Officersof inated or hereafter to be nominated, elected and appointed to any civil
oathV*^*^^ office within the said city, shall within fifteen days next after such ap-
pointment or election, respectively take and subscribe the oath of abju-
ration and allegiance now or hereafter appointed by law (or if of the
people called Quakers an affirmation), and also an oath or affirmation
as the case may require for the faithful execution of the office to which
he or they shall so be appointed.
PenaltT VI. And be it further enacted by the authority aforesaid, That if any
ofVereo" ^^^ ^^ ^^ freemen inhabitants of the said city of Hudson shall hereafter
elected or be elected or chosen to the office of aldermen assistant supervisor or
to qualify assessor collector or constable for the said city, and having notice of his
and act. said election shall refuse, deny, delay or neglect to take upon him or
them to execute such office to which he or they shall be so chosen or
elected, that then and so often as it shall happen, it shall and may be
lawful for the mayor or recorder, or any two or more of the aldermen
and any two or more of the assistants of the said city for the time being
in common council to assess and impose upon every such person or
persons, so refusing delaying or neglecting, such reasonable and mod-
erate fine and fines, sum and sums of money as they in common coun-
cil shall think fit, so as such fine for each refusal, denyal, delay or neg-
Chap. 83.] EIGHTH SESSION. 157
lect, shall not exceed the sum of t^n pounds current money of New
York, all which said fines shall and may be levied by distress and sale
of the goods and chatties of such delinquent and delinquents by war-
rant under the seal of the said city signed by the mayor thereof for the
time being, rendering the surplusage to the owner or owners thereof (if
any there be) necessary charges of making, and selling such distress
being first deducted, or by action of debt in any court of record within
the jurisdiction of the said city having cognizance of the same to be
prosecuted, and shall be recovered and received by, and to the use of
the said mayor aldermen and commonalty of the said city, and their
successors forever.
VII. And be it further enacted by the authority aforesaid^ That in all Recorder
such cases, forever hereafter of the absence sickness or death of the d&ty iS^*^™
mayor of the said city for the time being, it shall and may be lawful to, mayor Id
and for the recorder of the said city for the time being, to do and exe- ?S«ancy,
cute all and singular the duties and trusts to the office of the said mayor §J^f°^'
belonging and appertaining, to all intents, purposes and constructions
whatsoever during the absence or sickness of such mayor or until a
successor be duly appointed and sworn.
VIII. And be it further enacted by the authorihy aforesaid^ That if it VacanoleB
shall happen that any of the aldermen or assistants supervisor assessors, {{ow^'mied.
collectors or constables, or any one of them hereafter to be elected nom-
inated and sworn in their respective offices as aforesaid, shall happen to
die or remove out of the said city within the time they are or shall be
respectively named or elected for, or before other fit persons be respect-
ively named or elected, and sworn in their respective rooms, it shall and
may be lawful for the freemen inhabitants within the limits of the said
city, to assemble and meet together at such time and place as shall be
appointed by the mayor of the said city for the time being, and then and
there by plurality of votes to elect one of the freemen an inhabitants
within the limits of the said city to serve as alderman assistant supervisor,
assessor collector or constable in the room of such alderman assistant
supervisor assessor collector or constable so dying or removing, and so
often as such cases shall happen, and in case of the death or removal of
the treasurer or chamberlain out of the limits of the said city, for the
common council to appoint another in his stead, at any time after such
death or removal ; and that all and every such person and persons so
to be newly chosen or appointed and sworn, shall serve in their respec-
tive offices, until other fit persons be respectively chosen or appointed
and sworn in their respective rooms.
IX. And be it further enacted by the authority aforesaid^ That the chief chief map-
marshal so to be nominated and appointed, and every marshal to be jj *^ ^me
thereafter nominated and appointed, shall, before he shall be deemed bond as
capable of executing his said office become bound with such sureties, ® ® ■
in such manner and under such penalty for the faithful discharge of the
duties of his office, as the sherifs of other cities and counties are or
shall be by law directed and required to be bound for the faithful exe-
cution of their offices.
X. And be it further enacted by the authority aforesaid^ That the treas- Treasurer,
urer collectors and constables to be hereafter chosen and appointed, shall and^on"
before they enter on the execution of their respective offices, respect- Ij*^ bonds
ively give such security for the faithful discharge of the trusts reposed
in them as the mayor recorder and common council of the said city
shall deem sufficient.
XI. And be it further enacted by the authority aforesaid^ That the Common
mayor recorder aldermen and assistants of the said city for the time how°com-
158
LAWS OF NEW YORK.
[Chap. 83.
posed: to
make by*
laws.
IVotIso;
by-lawB
not to con-
flict with
any law of
the State.
Proviso;
bje-laws
to be in
force but
one year.
Common
council,
meetings
of; penalty
for non-at-
tendance.
being (whereof the mayor or recorder always to be one) be and shall
be forever hereafter called The common council of the city of Hud-
son, who, or the major part of them shall have power to make by-laws
relative to the public markets within the said city, so as such by-laws
shall not extend to the regulating or ascertaining the price of any com-
modity, or article of provision which may be brought for sale within the
said city: relative to the streets and high-ways of the said city: relative to
nuisances within the limits of the said city: relative to the cleaning of
chimnies and preventing the said city from fire: relative to the manner
of warning the meetings of the said city and the common council
thereof and the time and place where they shall be holden : relative to
a city watch: relative to bonds and secutities to be given by constables
collectors treasurers, or any other officers of the said city for the faithful
discharge of the duties of such office or offices: relative to the burial of
the dead: relative to the public lights or lamps of the said city: relative
to the restraining geese and swine going at large within the limits of the
said city: relative to the overseeing of the poor; and relative to any
thing whatsoever which may concern the good government and police
of the said city: Provided that such by-laws be not contrary to or incon-
sistent with the constitution laws and statutes of this State, and that the
said common council of the said city for the time being, or the major
part of them, as often as they shall make ordain and publish such laws
for the purposes aforesaid, may make, ordain, limit and provide such
and the like pains punishments and penalties, fines and amerciaments,
upon, towards and against all and every person that shall offend against
such laws statutes rights and constitutions, or any or either of them as
by the said common council or the major part of them shall be thought
requisite to make, ordain, limit and provide for the observation and
preservation of the same laws statutes rights and constitutions, to be
prosecuted and recovered in any court of record within the jurisdiction
of the said city having cognizance of the same by action of debt or
otherwise to the use of the said mayor aldermen and commonalty of the
said city of Hudson and their successors forever: provided also that no
such by-laws shall continue in force longer than for the term of one
year.
XII. And be it further enacted by the authority aforesaid^ That the
common council of the said city, shall be summoned called and held
from time to time, so often and at such times and places as the mayor,
or in case of his sickness or absence, the recorder of the said city for
the time being shall think fit to appoint or direct, and that it shall and
may be lawful to and for the said common council of the said city or
the major part of them to assess and lay such reasonable fines and
amerciaments in and upon every officer and member of the body corpo-
rate aforesaid for the time being, who after having had due notice or
being duly summoned to appear or attend at any such common council
to be held for the said city, shall neglect so to do or make default
therein or shall not appear or attend according to such notice or sum-
mons in that behalf, or shew a reasonable cause, (by the said common
council or a major part of them at their discretion to be allowed), and
so as often as such case shall happen, so that no such fines or amercia-
ments for any one default of appearance or attendance of anjr such
officer or member aforesaid shall exceed the sum of twenty shillings in
the manner and form aforesaid to be levied for the use of the said mayor
aldermen and commonalty .of the said city and their successors to be
recovered and received.
Chap. 83.] EIGHTH SESSION. 159
XIII. And be it further enacted by the authority aforesaid^ That the Reflation
common council of the said city of Hudson for the time being or the wayllfoom-
major part of them have, and from time to time forever hereafter shall ™?JL°***"*"
have full power licence and authority, to establish appoint order and vide tSr?"
direct the making and laying out all other streets lanes ways alleys high-
ways water courses and bridges not already made or laid out, but also
the altering amending and repairing all such streets lanes ways alleys
highways, water courses and bridges heretofore made or laid out, or
hereafter to be made or laid out in and throughout the said city limits
and precincts thereof in such manner as the common council for the
time being or the major part of them shall think or judge to be neces-
sary and convenient for all inhabitants and travellers there : Provided Proviso ;
always that in all cases where the property of individuals is affected by fn«tobe
the laying out repairing or altering such streets ways lanes alleys high- in accord-
ways water courses and bridges as aforesaid, the said common council m^e pr^
shall and do proceed according to the mode pointed out to the commis- YiJan '^"^
sioners of highways for the* county of Albany in and by certain acts of county,
the legislature in such cases made or to b^ made and provided.
And whereas a punctual and well regulated ferry across the river at
the said city of Hudson is of the utmost consequence to the good people
of this State at large.
XIV. Be it therefore enacted by the authority aforesaid^ That the com- p^rry
mon council of the said city for the time being or the major part of them huStod**^
from time to time and at all times forever hereafter shall and may have riTer. com-
full power and authority to settle, appoint, establish, order, direct and Sfto^m '
superintend and shall and may settle appoint establish order direct and ^*<*® '^r.
superintend, such and so many ferries from the said city, to the opposite
or westom shore of the Hudsons river for the carrying and transporting
people, horses, cattle, goods and chatties across the said river in such
manner as the common council of the said city for the time being or
the major part of them shall conceive to be most conducive for the pub-
lic good. Provided always^ that nothing in this act contained shall Provino;
pro-
ex-
extend or be construed to debar or deprive any of the citizens of this ^^
State, of the property or possession of the soil on the eastern or western i»ting
shore of any right which they now may or ought lawfully to enjoy or Ji?rU«e.
hereafter may obtain with respect to the priviledge of ferriage; nor shall
this act or any thing therein contained, extend to, or be deemed or
construed to debar or deprive any of the citizens of this State of any
other right or privilege (as to right of soil or ferriage) which any such
citizen now has or may lawfully have or enjoy, nor shall be deemed or
construed to debar or prevent Coenraedt A. Flaak of or from conveying
or carrying across the said river to and from either side of the said river
with a ferry boat, any person or persons, horses, cattle, goods or chatties.
XV. And be it further enacted by the authority aforesaid^ That the said Public
mayor recorder aldermen and commonalty of the said city and their JJ^J pro-
successor shall and may from time to time, and at all times forever jideji for
hereafter have hold and keep a market or markets at such place or moncouni^
places within the limits of the said city, as the said common council for *'*^-
the time being shall appoint and direct on any or every day of the week
(Sunday excepted) and that the said mayor for the time being is and for
ever hereafter shall be (ex officio) clerk of the said market or markets
of the said city, and water bailif for the same and that he shall have full
power and authority to do and execute, and shall and may do and execute
forever hereafter within the liberties limits and precincts of the said city,
all and whatsoever to the said offices of clerk of the market and water
bailif doth or may respectively appertain and belong; and also that the
160
LAWS OF NEW YORK.
[Chap. 83.
BridewellBi
houses of
correction,
and work
houses,
erection of,
etc.
Gaols for
the con-
finement
of prison-
ers.
mayor of the said city for the time being., shall have full power and
authority, by and with the advice of the common council, to licence
and appoint, by warrant under his hand and seal, or otherwise for the
said city, one or more porter or porters carriers cartmen carmen,
packers cullers common criers schavengers, inspectors of lumber, and
also one or more surveyor or surveyors, measurer or measurers, guager
or guagers, beadles, garblers, bellmen, watchmen, bridewell keepers, or
keepers of a house or houses of correction and alms houses, and to dis-
charge the same at pleasure; provided that no ganger to be appointed
by this act, shall have authority to gauge liquors or molasses for ascer-
taining any duty to be imposed thereon by act of legislature unless
thereunto expressly authorized by law.
XVI. And be it further enacted by the authority aforesaid^ That the said
mayor, aldermen and commonalty, forever hereafter, have full power
and authority to erect and build one or more bridewell or bridwells,
house or houses of correction work house or work houses, together
with full power and authority to the said mayor recorder and alder-
men, or any one of them, to take up and arrest, or order to be taken up
or arrested all or any rogues vagabonds straglers and idle and sus-
picious persons, and as they the said mayor recorder and aldermen
or any one of them shall see cause to order any such rogues vaga-
bonds straglers and idle and suspicious persons, either to the said
work house, there to remain and work any time not exceeding thirty
days, or else to the house of correction, there to receive such corporsil
punishment as the said mayor recorder and aldermen or any three of
them, whereof the. mayor or recorder to be one, shall think fit such cor-
poral punishment not to exceed thirty nine stripes for any one offence,
and that the said mayor aldermen and commonalty and their successors
forever hereafter, may and shall have power to erect and build an alms
house for relief of the poor with as full power to order direct and reg-
ulate the aforesaid houses, and the persons to be put in and ordered
there, as to any city or corporation in any other part of this State and
and to the officers and ministers thereof doth or may belong.
XVII. And be it further enacted by the authority aforesaid, That the said
mayor recorder aldermen and commonalty, and their successors forever
hereafter may have one or more public gaol or gaols in such fit place or
places with in the said city and limits and jurisdiction thereof as by the
common council of the said city or the major part of them for the time
being shall be appointed to imprison and safely keep all and every per-
son and persons for any treason or treasons, murders felonies, trespasses,
evil doings, and all other matters and causes, to be arrested or attached
or to be committed to the gaol or gaols aforesaid in safe custody, there
to remain until they be delivered by due course of law, and that the
common council of the said city for the time being or the major part of
them shall and may have power from time to time to chuse constitute
and place one or more fit person or persons in the office or offices of
keeper or keepers of the gaol or gaols aforesaid, to hold the same dur-
ing the pleasure of the common council of the said city for the time
being or the major part of them, and it is hereby empowered and com-
manded the keeper and keepers of the gaol and gaols aforesaid for the
time being, that all and singular traitors murderers felons malefactors,
disturbers of the peace, and other delinquents, and all others for any
crime and offence, or other reasonable causes or matters to the gaol or
gaols aforesaid ordered or committed, or to be ordered or committed,
to receive, take, keep and cause to be kept in the same gaol or gaols,
until they shall be thence delivered by due course of law.
Chap. 83. J EIGHTH SESSION. 161
XVIII. And be it enacted by the authority aforesaid^ That the mayor Taverns,
recorder aldermen and commonalty of the said city and no other what- tSl'oU^
soever, shall have power to give and grant licences annually under the ^^^l^^""
public seal of the said city, to all such persons as they shall think fit aidermea
to licence to keep a tavern inn ordinary or victualling house, and to monalty7
sell wine brandy rum strong waters cyder beer ale, or any other sort of
exciseable or strong liquors within the said city of Hudson or the liber-
ties and precincts thereof by retail or small measure, and that it shall
and may be lawful to and for the mayor recorder aldermen and com-
monalty of the said city to ask demand and receive for every such
licence by them to be given and granted as aforesaid, such sum or sums
of money as they, and the person to whom such licence shall be given
and granted, shall agree for, not exceeding the sum of sixteen shillings
for each licence, all which monies as by the said mayor recorder alder-
men and commonalty shall be so received, shall be used and applied to
the public use of the said mayor aldermen and commonalty of the said
city and their successors forever — and that every and each of which
licence shall continue and be in force for one year from the granting
thereof but no longer.
XIX. And be it further enacted by the authority aforesaid^ That it Citlzene
shall and may be lawful to and for the freemen citizens and inhabi- Soney*for
tants of the said city of Hudson at their annual meetings for election ofmetery,
of officers, to vote any sum or sums of money to be raised which they *
may think proper and necessary for the purchasing any lot or lots of
ground within the limits of the said city for the purpose of burying the
dead, or for erecting a court house and gaol alms house work house or
house of correction, or for the purpose of the support and relief of the
poor within the limits of the said city.
XX. And be it further enacted by the authority aforesaid. That it shall Mayor's
and may be lawful to and for the mayor recorder and aldermen of the said ?SSkrt/on
city, or any three of them, whereof the mayor or recorder shall always <>'» «^
be one, to hold, on the first Tuesday in every month, one court of
common pleas of record, within the said city, to be called the mayors
court, which shall and may hold, plea, have cognizance of all and all
manner of plaints, suits, causes, trespasses, actions and demands what-
soever, personal and mixed, arising or accruing, within the said city
and the jurisdiction thereof, with full power and authority to hear and
determine all and every such actions and pleas, and judgment and exe-
cution thereon to render and award, and to proceed and act therein in
such manner and form, and by such and the like methods, process and
proceedings, as fully and amply, as in other courts of common pleas of
record, in and for the respective counties in this State, in like cases can
or may be acted done adjudged or determined according to the laws
and constitution of this State ; and it shall be lawful for the said
mayor's court in every such term respectively to continue each term to
the day succeeding inclusively, or to adjourn the first day of each term
to the next term, as the dispatch of the business to be depending
before the said court may from time to time render necessary or require.
. XXI. And be it further enacted by the authority aforesaid. That the Oerk of
common clerk of the said city of Hudson for the time being, shall, and cierkof*^
he is hereby forever declared to be, the clerk of the said court of record, mayor's
to do and perform all manner of acts and things within the city afore-
said, the limits and jurisdictions thereof which to the office of clerk of
the said court of record doth appertain and belong, and to receive,
demand, have collect and enjoy all fees perquisites and profits, which
may to the office of such clerk belong or appertain.
Vol. 2. — 2r
162 LAWS OF NEW YORK. [Chap. 83,
Certain XXII. And be it further enacted by the authority aforesaid^ That the
cffyto^ ®' common clerk, chamberlain, marshal, constables, gaol keepers and all
minor's ** ^^^^^ subordinate officers of and in the said city, who hereafter may be
coiut; exe- nominated, chosen, elected constituted and appointed, and every of them
oMB.^to! respectively, jointly and severally as cause shall require, shall be, and
hereby are commanded tT> be, obedient to and attend upon the judge
and judges of the court of the said city, and every or any of them, at
all times hereafter, according to the duty or obligation of their respec-
tive offices and places, and to execute all and every the commands pre-
cepts, warrants to them respectively directed and issued, and given out,
and to be issued and given out by the said court or any one of the
judges thereof, and that the said marshal, ministers and officers of the
said tity for the time being, shall and may, and they and each of them
is and are hereby authorized and commanded, to execute and return all
and every the process and precepts of the said court to them respect-
ively directed or to be directed, from time to time, and at all times, as
fully and effectually as any marshal minister or officer of or in any city
or place within this State the precepts or processes of any court of
record therein hath used, or can or may execute and return in any man-
ner whatsoever. -
Freemeu XXIV. And be it further enacted by the authority aforesaid^ That all
who to he ^md every freeman, citizen inhabitant of the State of New York or any
ooDsidered. other of the United States of America, who shall become inhabitants
within the limits and jurisdiction of the said city of Hudson, and who
shall have therein resided for the space of four months together and
shall continue therein to reside, & shall pay any taxes, and not be dis-
qualified by law, shall be entitled to every freedom right privilege and
immunity of the said city, and be considered to all intents and purposes
a free citizen thereof.
This act And be it enacted by the authority aforesaid, That this act be, and it is
pahUo «jt! hereby declared to be a public act and that the same be and shall for-
ever hereafter he construed in all courts and places benignly and
favourably, for every beneficial purpose therein intended.
Preamble; And whereas Thomas Jenkins, Seth Jenkins, David Lawrence, Heze-
dS'^^S'r ^iah Dayton, Shubael Worth, Joseph Barnard, Ezra Reed, Charles Jen-
Jn 'ront of kins, Benjamin Folger, Reuben Folger, William Wall, Nathan id Green,
^* Samuel Mansfield, Cotton Gelston, John Thurston William Mintum,
Peleg Clark and Titus Morgan, have by their humble petition repre-
sented to the legislature that they have at a considerable expence pur-
chased the tract of land, formerly called the Clavarack Landing for the
purpose of establishing a commercial settlement, and that they have
built thereon several wharfs and are about to build others, together with
a ship yard, and being apprehensive, that the land under the water,
below highwater mark, might at a future day, become the cause of dis-
sentions and disputes, and from a desire to preserve good order and
harmony among the citizens and inhabitants of this State, they have
prayed the legislature for a grant of the said land from high-water mark
to the channel of the said river opposite the land so purchased. And
whereas the prayer of the said petition appears to be reasonable.
Lands un- JBe it therefore enacted by the authority aforesaid. That the said Thomas
in fron^of Jenkins, Seth Jenkins, David Lawrence, Hezekia Dayton Shubael Worth,
chwllhy Joseph Barnard, Ezra Reed, Charles Jenkins, Benjamin Folger, Reuben
persona Folger, William Wall, Nathaniel Green, Samuel Mansfield Cotton Gel-
JSStei to ston, John Thurston, William Mintum, Peleg Clark and Titus Morgan,
them. and each and every of them, have, hold, use, occupy, possess and enjoy
all and all manner of right title interest property claim and demand
Chap. 84. J EIGHTH SESSION. 163
whatsoever of in and to all the land lying under the water, and directly
opposite to the tract of land so purchased by them as aforesaid from
high water mark one hundred and eighty feet to the channel of the said
river in a course north fifty-seven degrees west, to the sole use benefit
and behoof of them the said Thomas Jenkins, Seth Jenkins, David
Lawrence, Hezekiah Dayton, Shubael Worth, Joseph Barnard, Ezra
Reed, Charles Jenkins, Benjamin Folger, Reuben Folger, William Wall,
Nathaniel Green, Samuel Mansfield, Cotton Gelston John Thurston,
William Minthum, Peleg Clark, and Titus Morgan and to their heirs and
assigns forever in severalty. Provided always^ that nothing in this act PpotIso;
contained, shall extend, or be construed to extend, or in any manner to gSion*of"
aflFect impede or interrupt the free navigation of the said river, or any Jj^^gj ^o^
public right or privilege heretofore held and enjoyed, by the good people peded.
of this State ; or the private right or privilege heretofore lawfully held,
and enjoyed by any citizen or citizens of this State.
CHAP. 84.
AN ACT to enable the mayor aldermen and commonalty of the
city of New York in common council convened, -to order the
raising monies by tax for the maintenance of the poor and
other contingent expences arising in the said city.
Passed the 22d of April, 1785.
Be it enacted by tJie People of the State of Ne^v Yorky represented in New York
Senate and Assembly y and it is hereby enacted by the authority of the same, fivTed for
That the mayor aldermen and commonalty of the city of New York in public pur-
common council convened shall be, and hereby are, fully empowered ^*^**" **'
and authorized, as soon as conveniently may be, after the passing of
this act, to order the raising a sum not exceeding six thousand pounds,
by a tax on the estates, real and personal, of all and every the freehold-
ers and inhabitants within the city and county of New York to be
applied to the support and maintence of the poor of the said city and
county, the bridewell and the criminals from time to time confined in
the prison of the said city and county, and to the repairing and main-
taining the public roads, and cleaning and improving the streets within
the said city and county; and also a further sum not exceeding four Tax for
thousand pounds, by a tax on the estates, real and personal of all and ©n whS^*^
every the freeholders and inhabitants within the said city, on the south part of city
side of a line, beginning at the out-let of the swamp of Leonard Lis-
penard Esquire into Hudsons river, thence to and along the north side
of the dwelling house of Nicholas Bayard Esquire, thence to and along
the north side of the dwelling house late of Thomas Jones Esquire,
and thence to and along the north side of the dwelling house of Abra-
ham Cannon to the East river, to be applied to the payment of so many
watchmen as the mayor aldermen and commonalty of the said city and
county of New York shall think necessary for guarding the said city,
and also to the purchasing of oil, providing lamps, and repairing and
attending the lamps, which now are or hereafter may be erected within
the said city, and for the making, repairing and maintaining the public
wells and pumps within the said city, and defraying other contingent
expenses within the said city, which said sums abovementioned shall
164
LAWS OF NEW YORK.
[Chap. 85.
Assessors
and collec-
tors, fllHng
of vacan-
cies la
offices of.
ProTtso ;
clerks of
Senate and
Assembly
exempt
from act-
Ing as as-
sessor or
collector.
be rated and assessed by the assessors according to tKe estate and
abilities to pay taxes, of each respective person so to be taxed, that the
tax shall be raised and collected in one payment, and shall be assessed
by the assessors of the said city and county for the time being, and
levied and collected in the same manner as hath heretofore been accus-
tomed within the said city and county, for levying and collecting the
tax for the maintenance and support of the poor and other contingent
charges within the said city and county, and that the said tax shall be
paid into the hands of the treasurer or chamberlain of the said city and
county for the time being, to be applied and disposed of from time to
time in such manner and proportions for the purposes mentioned in
this act as the mayor aldermen and commonalty of the said city shall
appoint and direct.
And be it further enacted by the authority aforesaid^ That in case of
any vacancy or vacancies in the office of assessor or collector, or any
other of the usual officers within the said city and county, requisite and
necessary in and about the levying and collecting of taxes, however
such vacancy may be or may have arisen, it shall and may be lawful,
for the said mayor, aldermen and commonalty of the said city in com-
mon council convened, and they are hereby authorized and required,
to appoint a time for holding an election or elections to supply any and
every such vacancy or vacancies, arrd to cause due notice thereof in
writing to be given to the inspectors of the general election for the
ward in which the vacancy or vacancies aforesaid shall have happened,
and it shall be the duty of the said inspectors and they are hereby
directed and required thereupon to give at least eight days previous and
public notice to all persons entitled by law to vote at such election, of
the time and place of holding the same, and the said election shall be
accordingly held and conducted in the same manner to all intents and
purposes as the election for the office so becoming vacant ought by law
to be held and conducted. Provided always^ that the clerks of the sen-
ate and assembly respectively, who being officers of the legislature of
this State shall not be obliged to serve in the office of an assessor or
collector by virtue of this act.
CHAP. 85.
AN Act to vest the estate of William R. Van Cortlandt in
trustees for payment of his debts and other purposes.
Passed the 23d of April, 1785.
Preamble; WHEREAS by the petition of the creditors and wife of the said
wIfniS a William R. Van Cortlandt it hath been represented to the legislature
Van cort- that the said William R. Van Cortlandt hath been a long time insane
and is still deprived of his senses, and now confined in bedlam in the
State Pensylvania, that the said creditors are without relief without the
interposition of the legislature and that the present income of the estate
of the said William R. Van Cortlandt is insufficient to support his wife
and children; the petitioners have therefore prayed that a law may be
passed to authorize a sale of the estate of the said William R. Van
Cortlandt for the payment of his debts and such other purposes as the
legislature should deem meet.
landt.
Chap. 85. J EIGHTH SESSION. 165
Be it enacted by the People of the State of New York represented in Estate of
Senate and Assembly and it ts hereby enacted by the authority of the same van* cSrv"
That all the estate real and personal of the said William R. Van Cort- landt
landt be and the same are hereby vested in Peter Schermerhorn and trusties"
Solomon Simpson of the city of New York merchants their heirs and py^^io^
assigns who are hereby authorized and empowered as soon as may be therein
convenient to sell and dispose (for such considerations and in such '**™*<*-
manner as they shall think proper) so much of the said real and per-
sonal estate of the said William 'R. Van Cortlandt as shall be sufficient
to pay and discharge all his debts and to seal execute and deliver good
and sufficient deeds and conveyances to the purchaser or purchasers
thereof which sale or sales so made by the said Peter Schermerhorn and
Solomon Simpson or the survivor of them or his heirs are hereby
declared to be good and effectual to all intents and purposes in law
and equity to vest all the estate right title and interest of the said
William R. Van Cortlandt and of the said trustees in the purchaser or
purchasers thereof and the said trustees and the survivor of them and
his heirs are hereby further authorized directed and empowered to sue
for recover and receive all such debts and other personal property as
may be due and belonging to the said William R. Van Cortlandt and
on receipt of such money arising from the sale of the said real and
personal estate or collection of debts or other property as aforesaid to
dispose thereof as follows, first to pay and discharge all mortgages that
may be due on the said estate secondly to pay and satisfy all judgments
that may be docketted against the- said William R. Van Cortlandt,
thirdly to pay the remaining creditors. But if the said monies should
be insufficient to pay the last mentioned creditors their wRole demands
then to pay them respectively an equal part in proportion to the debts
due to them respectively. And the said trustees are hereby directed to
publish a notification in one of the public newspapers of the city of
New York for three months successively requiring all persons having
demands against the said William R. Van Cortlandt to produce their
accounts to the said trustees, immediately after which they shall pro-
ceed to pay off such creditors as shall then have presented their demands
in the manner before mentioned.
And be it further enacted by the autJwrity aforesaid That if there Balance
should remain any real estate after the payment of the said William R. J|tS?*pi??
Van Cortland ts debts as aforesaid, that then the same shall be to all ?l"tof
intents and purposes revested in the said William R. Van Cortlandt or vested in
his heirs, in the same manner as the same was before the passing this ^'n cSt?*
law, any thing herein contained to the contrary notwithstanding. landt.
And be it further enacted by the authority aforesaid^ That the said Trustees
trustees shall before they exercise any of the powers to them hereby ^Sd^n
given, file in the court of chancery a bond to the register or one of the chancery,
clerks of the said court in such penalty as the chancellor shall think fit,
with a condition that the said trustees will well and faithfully discharge
the trust vested in them by this act, and render a just account of their
disposition of the said estate, when thereunto required.
And be it further enacted by the authority aforesaid That the laws Certain
respecting the payment of debts due to persons who had during the late ippf" to ^
war remained within the enemies lines shall not extend to any debtors S^,^^'^ ^
to the said William R. Van Cortlandt but that the same shall be paid as van c^ *
i^ the said laws had never been made. ^*"*^^
166 LAWS OF NEW YORK. [Chap. 86.
CHAP. 86.
AN ACT for the relief of Benjamin Coe.
Passed the a3d of April, 1785.
Preamble; WHEREAS Benjamin Coe of Newtown in Queens county hath by his
ofBe*^ petition to the legislature set forth that a certain Alexander Grant did
min Coe, take possession of his buildings and farm situate at Newtown in Queens
countl%'^ county aforesaid in the year one thousand seven hundred and seventy
taken pos- seven, and that subsequent to his taking^ possession thereof the said
and laid Alexander Grant was killed at Fort Montgomery when in the service of
in?the*war *^^ King of Great Brittain; and that the family of the said Alexander
by Aiexan- Grant did occupy the said buildings and farm until about the time the
der rant, ^^^^pg Qf ^j^e said king abandoned the city of New York. That great
waste and destruction were committed thereon by the said Alexander
Grant and his family and that altho' the said Alexander Grant at the
time of his death was the proprietor of a large estate in this State, yet
as the legal representative or representatives of the said Alexander
Grant are not to be found in the State and are also unknown to the
petitioner, he must remain without remedy unless the legislature should
grant him relief.
Benjamin Be it enacted by the People of the State of New York represented in
SSoB^irte Senate and Assembly and it is /lereby enacted by the authority of the samfy
heire of That it shall^ and may be lawful for the said Benjamin Coe his heirs
Grantlo*' executors or*administrators to file a declaration against the heirs execu-
Samlffea *^^^ ^^^ administrators of the said Alexander Grant deceased, generally
inourred; and without naming such heirs executors and administrators in such
pro^dure. declaration, and proceed in like manner as is directed in and by the
act entitled An' act to amend an act entitled An act for relief against
absconding and absent debtors and to extend the remedy of the act
entitled "An act for granting a more effectual relief in cases of certain
trespasses and for other purposes therein mentioned " passed May fourth,
one thousand seven hundred and eighty four: and that the said Benja-
min Coe his heirs executors or administrators shall within ten days after
the filing such declaration cause notice thereof to be published in two
or more public news papers printed in this State for ten weeks; and
that unless the legal heirs executors or administrators of the said Alex-
ander Grant shall enter his her or their respective appearance in such
action within six months from the date of such notice a judgment will
be entered against the heirs executors or administrators of the said
Alexander Grant in such action, and the said plaintiff shall therein be
entitled to recover his damages as well against the said Alexander Grant
as against his heirs executors administrators and devisees and each and
every of them as if they had been in such declaration and in this act
particularly named and designated.
Chap. 87.] EIGHTH SESSION, 167
CHAP. 87.
AN ACT granting relief to certain insolvent debtors.
Passed the 25th of April, 1785.
Be it enacted by the People of the State of New York represented in Persons
Senate and Assembly^ and it is hereby enacted by the authority of the same, l^^^Jbene-
That the act entitled "An act for the relief of insolvent debtors within It of insoi-
this State " passed the 17th of April 1784, and another act entitled "An ^®"'*«'«-
act to revive and amend an act entitled "An act for the relief of insolv
ent debtors within this State " passed the 24th of November 1784, shall
be and hereby respectively are revived and declared to extend to the
persons hereafter named, who respectively now are actually confined in
one of the prisons of this State or are in the custody of the sherifs of
Dutchess or Queens counties where at present there are no prisons, that,
is to say, to Seth Harding, William Tapp, Robert Nisbett, John C. Phil-
ips, Enos Smith, Lewis Peffer, Kamp Ayres, Abraham Van Zile, Edward
Simmond, JEdward Broadrick, Samuel Jones, William Mason, Samuel
Provoost, Joseph Wood, Jonathan Clark, Abijah Clark, Thomas Ocraft,
Joseph Smith, David Cornwall, John Goddard, Richard Haight, John
Haley, Martin Foye, Anthony Morss, Samuel Hitchcock, Benjamin
Thome, Charles Montcrief, Abraham Legget of the city of New York,
William Grinding, Lewis Herrington, James Arden, of the city of New
York bricklayer, Chas Romine, William Griffith, Henry Conkling, Jas
per Jennings, William Allison Junior, Robert Ellis, Joseph Willi?, Wil-
liam Sutton, Bartholomew Noxon Junior, Obidfah Cooper, David Mills,
Matthew Halsey Junior, Jarties Webster, John Leveret Hudson, Joseph
Corwin, Dirck I, Brinckerhofif, Jeromes Van Voorheis, Gerard Cochran,
Nathaniel Tylee, Robert Gordon, Abraham Swartwout, Francis Mc-
Gaugy, Ezra Keeler, John Smith of Queens county, John Martin,
Increase Bennet, Adam Vandenbergh, Christopher Tompler, Henry
Webb, Gilbert Wheeler, Thomas Stanbrough, Luther Hildreth, Henry
H. Van Salsberghan, John Thatcher, James OTlaherty, John Bostwick,
Abraham Miller of Bedford in the county of Westchester, Frederick N.
Saunder, Richard Woodcock, Lawrence Martin of Queens county, Paul
Johnson, Ephraim Bostwick, Oliver Glean, James Carpenter of the city
of New York, Joseph Sebring, Aaron Smith, Stiles Beardsley, Simon
Noachs, Peter Pepond, Noah Dodge, Moses Darling, John O'Connor,
John Denney, John Howard, Joseph Trow, Melancthon Lloyd Wool-
sey, and Josuah Sands Senior of Queens county and to each of them
respectively, as fully and effectually as if they and each of them had
been in actual confinement in any of the gaols within this State, at the
time of passing of either of the above said acts, or as fully and effectu-
ally as though they had been expressly named, in either of the aforesaid
acts, any law usage or custom to the contrary notwithstanding.
And be it further enacted by tJu authority aforesaid^ That John Leveret Persons
Hudson, Robert Gordon, Ephraim Bostwick, John Howard, William h'^^be^e-
Tapp and Frederick N. Sander shall be entitled to all the benefits of Jt g' a^^.
this and the said recited acts as effectually as if they were now in actual not In'act-
confinement, in any gaol or prison in this State. flnemeot.
And be it further enacted by the authority aforesaid^ That if any or False ac-
either of the abovenamed person or persons shall willfully give a false by^pereons
account, of his or their estate or estates with an intent to defraud his nai^d.
or their creditors, such person or persons so offending shall be guilty of For ^
168 LAWS OF NEW YORK. [Chap. 89.
felony, and being thereof convicted shall suffer the pains of death, with-
out benefit of clergy.
CHAP. 88.
A.N ACT making it felony without benefit of clergy to counter-
feit or forge or to pass knowing the same to be counterfeit any
of the public certificates of the United States or of this State,
or any species of gold or silver money now or hereafter to be
current in this State.
Passed the 25th of April, 1785.
Whereas it has been represented to the legislature that various public
certificates issued under the authority of Congress and of this State
respectively, have lately been counterfeited and forged therefore
< OouDter- JBe it enacted by the People of the State of New York represented in
certifi^es. Senate and Assembly^ and it is hereby enacted by the authority of t/ie same^
penaityfor. That if any person or persons shall be convicted of counterfeiting any
of the said certificates to the likeness and similitude of any of the genu-
ine certificates, or of counterfeiting any of the said certificates by alter-
ing the denomination thereof, in order to encrease the value of the same,
or shall forge the name of any of the signers of such genuine certificates,
or shall pass or utter any such certificate or certificates knowing the
same to be counterfeited or forged as aforesaid, whether such counter-
feiting forging passing or uttering shall be done within this State or
elsewhere every such person or persons so offending and being convicted
thereof shall suffer death without the benefit of clergy.
Countei^ And be it enacted by the authority aforesaid That any person or persons
gold°or8U- w^o shall hereafter counterfeit any of the species of gold or silver coins,
▼er coins, now current or hereafter to be current in this State or shall pass any
YoT. ^ such counterfeits knowing the same to be counterfeit, shall for every
such offence on being thereof convicted suffer the pains of death as in
case of felony without benefit of clergy; any law usage or custom to the
contrary notwithstanding.
CHAP. 89.
AN ACT to vest the real estate of David Provoost deceased in
trustees for the purposes therein mentioned.
Passed the 25th of April, 1785.
Preamble; WHEREAS the devisees of David Provoost late of the city of New
of^exwu- York gentleman deceased have by themselves or their respective agents
tor of of guardians set forth that the said David Provoost did by his last will
Toostl^ate and testament appoint David Mathews late of the same city his sole
Y ^ cit executor with full and absolute power and authority at his discretion to
^* sell and dispose of the said David Provoost's whole real estate not
therein specially devised. That by the attainder conviction and banish-
ment of the said David Mathews he is rendered forever incapable to
discharge the said trusts. That they the said devisees being numerous
and residing in parts remote from each other and some of them infants
no amicable partition or sale can be made thereof whereby the same
remain in common among them to their great detriment and contrary
to the intent of the said testator. And having prayed that the same
Chap. 89.] EIGHTH SESSION. 169
may be vested in trustees for the sale and division thereof which appears
to this legislature reasonable and proper. Therefore
Be it enacted by the People of the State of New York represented in Real estate
Senate and Assembly and it is hereby enacted by the authority of the same ProvSost
That all the real estate which was of the said David Provoost deceased vested Iq
at the time of his death within this State be and the same is hereby carry^fnto*^
absolutely vested in George Remsen Charles Cromraeline and Aaron ^^vfslons
Burr and the major part of them, or the survivors and survivor of them, SrhiB wSf.
who are hereby authorised to sell and dispose of the same in such man-
ner to such person or persons and for such consideration as they may
think fit and may deem most conducive to the interest of the devisees
of the said David Provoost and their representatives ; and deeds and
conveyances thereof to seal and execute, which sales so made and deeds
and conveyances thereupon executed by the said George Remsen
Charles Cronmieline and Aaron Burr or the major part of them or the
survivors or survivor of them are hereby declared to be good and
effectual to all intents and purposes in law and equity to vest in such
purchaser or purchasers the whole estate and interest which the said
David Provoost had in the said real estate and every part thereof at the
time of his death ; and upon the receipt of the monies arising from
such sale the said trusteees or the major part of them, or the survivors
or survivor of them shall pay the same to the devisees of the said David
Provoost or their legal representatives or to the guardians of such devi-
sees or representatives as may be infants in the manner directed by the
said David Provoost in his last will and testament and agreeable to law.
Provided that the said trustees shall not by virtue hereof sell any estate Proviso;
in remainder and reversion or expectant on condition or limitation tfte*inVe-
until such estate shall actually vest or such condition or limitation cease mainder,
or be fulfilled. ^ IIT'^''^'
And promded farther that no part of the said estate to which any one Trustees
person is entitled in fee in his own right in severalty shall be deemed to ^rts^o?^'^
be hereby vested in the said trustees or be liable to be by them sold by ^J^^?^
virtue hereof, or any other how impeached* person is
And be it further enacted by the authority aforesaid That the said th^fiSf ^
trustees shall before they exercise any of the powers to them hereby Trustees to
given file in the Court of Chancery a bond in such penalty and with ^^ancOT"^
such surety as the Chancellor shall think fit conditioned for the faith-
fuU'discharge of the trust and powers in them vested and to render an
account of the said estate when thereunto required.
Provided that the said trustees shall be deemed to be severally liable Proviso,
for their conduct and not jointly or one for the other, or unless they be"s^^**^
shall become voluntarily bound one for the other as surety. jjjyi aj^
And be it enacted by the authority aforesaid That the said trustees liable. ° '
shall be allowed for their time trouble and expences in the exercise of Compensa-
the trusts and powers hereby given and reposed in them at the rate of truStMs.
two pounds for every hundred pounds upon the amount of all sales by
them to be made by virtue hereof.
Provided that if either or all of the persons herein before named as Proviso, as
trustees shall neglect or refuse to take upon him or them the execution ^^ ?eftiaaf
of the trusts hereby reposed in them, or shall die before the same are to serve, or
discharged it shall be lawfuU for the Chancellor upon application of any any^rSs-
of the said devisees to appoint such other person or persons in the room ^^
or stead of him or them so neglecting or refusing or dying which per-
son or persons so appointed shall upon filing such security as aforesaid
be vested with all the trusts and powers hereby given to the trustees
herein before named.
Vol. 2. — 22.
170 LAWS OF NEW YORK. [Chap. 90.
CHAP. 90.
AN ACT for the payment of the salaries of the several officers
of government, and for other purposes therein mentioned.
Passed the 27th of April, 1785.
Annua] ap- Be it enacted by the People of the State of New Yorky represented in
gJJJP''*'*^'^ Sencrte and Assembly ^ and it is hereby enacted by the authority of the same^
That the treasurer of this State shall out of the monies which now are
or hereafter may be in the treasury and not otherwise specially appro-
priated, pay the following sums of money to the following persons to wit
GoTernor. To his Excellency the Governor for administring the government of
this State from the first day of July last to the first day of July next at
and after the rate of one thousand five hundred pounds per annum.
QoTernor. To the person administring the government of this State for the
weoBes ^^™® being to defray the incidental charges which may arise in and
about the administring the government of this State such sum or sums
of money as he shall from time to time by warrant under his hand and
the privy seal of the State draw from the treasury of the State for the
purpose, not to exceed in the whole the sum of one hundred and fifty
pounds.
CJhanceiior. To the Honourable Robert R. Livingston Esquire Chancellor of this
State for his services in that station from the first day of July last, to
the first day of July next, at and after the rate of four hundred pounds
per annum.
Chief Ju8- To the Honourable Richard Morris Esquire Chief Justice of this
^**'®' State for his services in that station from and to the respective times
aforesaid at and after the rate of four hundred and fifty pounds per
annum.
Puisne To the Honourable Robert Yates and John Sloss Hobart Esquires,
lh?8u-' ^' puisne justices of the Supreme Court of this State respectively, for
pr«[me their services in that statioiv from and to their respective times afore-
said at and after the rate of four hundred and fifty pounds per annum.
Secretary To the secretary of this State for attending the legislature during the
State? at- present session for the purpose of receiving the laws and for attending
tendance the council of appointment from the first day of July last to the first
ture^nd*" day of July next at and after the rate of twenty pounds per annum',
appoint-^' ^^ ^^ ^^^^ secretary for his services in recording the laws making
ment. copies thereof with marginal notes for the press, and making copies by
Id.; copies the direction of the governor, or of the senate or assembly, and for
Stc* *' engrossing the minutes of the council of appointment from time to
time, after the rate of one shilling and six pence per folio to consist of
one hundred and forty four words, agreeable to such accounts thereof
as he shall produce audited as aforesaid.
Members To the several members of the Assembly and Senate for each and
teiature!^' every day they shall have severally attended in assembly or senate dur-
ing the present meeting of the legislature, and for each and every day
they shall have been or may be travelling to and from their respective
places of abode to the place of the meetmg of the legislature, each the
sum of sixteen shillings per day, agreeable to such accounts thereof as
they shall respectively produce certified by the president of the senate
or the speaker of the assembly as the case may be ; the account of the
president of the senate to be certified by the clerk of the senate and
the account of the speaker of the assembly to be certified by the clerk
of the assembly.
Chap. 90.] EIGHTH SESSION. 171
To John McKesson Esquire clerk of the assembly and Abraham B. cierks of
Bancker Esquire clerk of the senate for their services in their respective ^uJe**^"**"
stations during the present meeting of the legislature, each thirty shil-
lings per day, and for several sums by them severally advanced for the
use of the assembly and senate respectively the amount of such accounts
thereof as they shall severally produce, certified by the president of the
senate or speaker of the assembly as the case may require.
To the treasurer of this State the sum of five hundred pounds, which Trewurer.
sum he is hereby authorized to retain out of any monies which may be
in the treasury, for his services from the first day of July last to the
fiist day of July next.
To the said treasurer the further sum of three hundred and thirteen Treaaurer,
pounds five shilling and sixpence for his incidental charge and services; ixpenw^
which sum he is hereby authorized to retain out of any monies which
may be in the treasury.
To the auditor of this State the sum of three hundred and fifty Auditor,
pounds, for his salary for the present year.
To the secretary to his excellency the governor at and after the rate Secretaiy
of one hundred and fifty pounds per annum. governor.
To the door keepers of the assembly and senate during the present Doorkeep-
meeting of the legislature each sixteen shillings per day agreeable to f^iSlture.
such certificates thereof as they shall respectively produce certified by
the president of the senate or speaker of the assembly.
And be it further enacted by the autJiority aforesaid That it shall and Isaac
may be lawful for the auditors to liquidate and settle the depreciation Jl^utfon
of the pay of Isaiah Wool and grant him a certificate therefor in the o' P*y of.
same manner as if he had been particularly provided for in the act enti-
tled "An act to liquidate and settle the accounts of the troops of this
State in the service of the United States " passed the fourth day of
October one thousand seven hundred and eighty.
And be it further enacted by the authority aforesaid That it shall and Ehenezer
may be lawful for the said auditors to liquidate and settle the deprecia- proc?atiou"
tion of the*pay of Ebenezer Young and grant him a certificate therefor of pay of.
in the same manner as if he v/as particularly mentioned in the said act
entitled **An act to liquidate and settle the accounts of the troops of
this State in the service of the United States passed the fourth day of
October one thousand seven hundred and eighty.
And be it further enacted by the authority aforesaid That the treas- Stephen
urer is hereby authorized and required to deliver unto Stephen Cross- p{2^|I.**'
field the plate (belonging to the said Stephen which was deposited with stored to.
the said treasurer by the commissioners of sequestration for the county
of Dutchess.
And be it further enacted by t/ie authority aforesaid That the treas- Surveyor
urer is hereby authorized and directed to pay unto John Lasher Esquire Jearcherof
surveyor and searcher of the port of New York the sum of twenty three port of
pounds to enable him to procure a proper boat for the purpose of vis- boat Iot^*
iting all vessels coming into the port with goods wares and merchan-
dize subject to duties agreeable to the laws of this State.
And be it further enacted by the authority aforesaid. That the treas-
urer of this State pay the following sums of money to the following
persons and to the uses following vizt.
To Samuel Loudon one hundred and sixty pounds for his first half state
years salary as printer to the State. printer.
To Simeon DeWitt Esquire surveyor general the amount of his Surveyor
account for his services in procuring extracts from the records and fOTmakin^
patents in the secretary's office and other public offices and protracting extracts
172
LAWS OF NEW YORK.
[Chap. 90.
from the
records.
John Mc-
PoDald,
services
during the
war.
Christo-
pher
Colles, for
removing
obstruc-
tions in
the Mo-
hawlc river.
Capt. John
Wood, ad-
vances to,
to be in-
dorsed on
certificates
issued.
Daniel
Dnimcomb,
additional
compensa-
tion to,
for services
during the
war.
Id.; coni-
peosatioD
of assist-
ants.
BrlntoD
Paine, re-
payment
to, of moil'
ey ad-
vanced to
firlsoners
n New
York.
MaJ.-Gen.
McDougall
and others,
balances
due to; to
be paid to
Michael
Conolly.
the boundaries of the said patents and making maps thereof for the use
of the State, to be audited by the auditor who shall allow the said sur-
veyor general at the rate of twenty shillings per day for the said ser-
vices.
To John McDonald employed as a miner by this State during the
late war (in exploring lead mines pursuant to certain resolutions of
Congress on that subject) the sum of fifty pounds as a reward for his
faithful services in that business, and charge the same to the account of
the United States.
To Christopher Colles fifty pounds for the purposes of enabling him
to make an essay towards removing certain obstructions in the Mohawk
river and to exhibit a plan thereof to the legislature at their next meet-
ing; and for which he shall be accountable to the treasurer of this State.
And be it further enacted by the authority aforesaid That the treas-
urer of this State be and he is hereby authorized and directed to pay
out of any monies in the treasury unappropriated to Captain John Wood
the sum of two hundred pounds to enable him to discharge his debts
contracted while we was a prisoner in Canada to be endorsed on the
certificate which he has received from the treasurer for his pay.
And whereas the legislature by an act entitled "An act for the pay-
ment of the salaries of the several officers of government and of certain
contingent expences and for other purposes therein mentioned " passed
the twelfth day of May one thousand seven hundred and eighty four
did authorize the treasurer to grant unto Daniel Dunscomb a certificate
for the sum of twenty pounds for his services in collecting the lead from
the houses of many citizens of New York by order of the convention
of this State and whereas it is conceived that the said certificate is
inadequate to compensate the said Daniel Dunscomb for his services
aforesaid.
Be it further enacted by the authority aforesaid That the treasurer of
this State shall be and he is hereby authorized and required in lieu of
the said certificate and as a full compensation for all the services of the
said Daniel Dunscomb respecting the said business to pay unto the
said Daniel Dunscomb at the rate of twenty shillings per day for his
said services to be audited by the auditor of this State upon such evi-
dence as shall be satisfactory to the auditor.
And that the said treasurer shall also pay such additional sum as
shall be audited for the labour and services of such persons as were
necessarily employed in the said business and who were not at that time
entitled to receive payment from the public for any other services.
To Brinton Paine such account as he shall produce certified by the
governor, and audited by the auditor of the State for monies borrowed
by him and furnished to the prisoners in New York, in the year one
thousand seven hundred and seventy seven, and one thousand seven
hundred and seventy eight while he was a prisoner at New York, and
that the treasurer charge the same to the account of the United States.
And it shall be lawful for the treasurer of the State and he is hereby
directed to pay unto Michael Conolly such ballances as may be due
unto Major General McDougal Brigadier General Clinton and such of
their respective suits as are inhabitants of this State, to John Gano
chaplain, and to the late troops of this State in the service of the United
States, on account of their pay from the months of August, September,
October November and December one thousand seven hundred and
eighty, whenever the said ballances are ascertained, to be by the said
Michael Conolly applied to the payment of the said ballances due to
the respective persons as aforesaid; and which ballances shall be paid
Chap. 90.] EIGHTH SESSION. 173
out of any unappropriated monies which may be m the treasury after
the sum required by Congress and ordered to be paid by ah att entitled
" An act directing the treasurer of this State to pay in to the treasury
of the United States, 147,734^ dollars, is fully discharged.
And be it further enacted by the authority aforesaid That the said Michael
Michael ConoUy before he shall be entitled to receive from the treas- ^^"^bond^
urer any money on account of the ballance aforesaid shall enter into totreas-
bond to the said treasurer; with two sufficient sureties such as the said
treasurer shall approve, in the penal sum of ten thousand pounds law-
ful money of this State, with a condition thereunto annexed, well and
truly to pay the monies he shall receive to the persons respectively
aforesaid or their respective executors administrators or assigns within
nine calender months from the time he shall receive the same.
And be it further enacted by the authority aforesaid^ That the said Michael
Michael Conolly shall deliver an account on oath of what monies he 2oS>uat^
shall have paid to the respective persons aforesaid, with the receipts of 'or
such payments, unto the treasurer aforesaid on or before the expiration wuhin ten
of ten months after he shall have received the said money from the "»o"»^*»-
treasurer, ahd the said Michael Conolly shall also at the same time
return into the treasury of the State, such sums of money as may remain
in his hands for which he doth not produce receipts for the payment of.
And it is hereby made the duty of the treasurer in case of neglect or
refusal of the said Michael Conolly to deliver the said receipts and pay
the ballance as directed, to prosecute the said Michael Conolly in any
court of record in this State having cognizance of the same for the
whole amount of the above mentioned bond.
And whereas James Fairlie appointed agent by the council of appoint-
ment by virtue of an act entitled '*An act to facilitate the settlement of
the accounts of the United States within this State " passed the twenty
seventh day of April one thousand seven hundred and eighty four, to
aid and assist the claimants in stating their accounts and demands to
the commissioner appointed by congress to liquidate and settle the
accounts of the inhabitants of this State with the United States. And
whereas it is conceived that such agent is unnecessary. Therefore
Be it enacted by the authority aforesaid That the said act entitled '*An Agent to
act to facilitate the settlement of the accounts of the United States JJJlJJan^g
within this State ** passed the twenty seventh day of April one thousand in eettiinfir
seven hundred and eighty four, so far as it respects the appointment of with"°^
such agent as aforesaid, shall from and after the sixth day of May next ^^^
be and hereby is repealed, and the office of the said agent is thence- office abol.
forth declared vacant. *•**•**•
IVhereas Isaac Everet junior a Serjeant in Colonel Henry Ludintons
regiment of militia was ordered by the committee of Fredericksburgh
precinct on the twenty ninth day of March one thousand seven hundred
and seventy eight to apprehend a person who was deemed dangerous to
the liberties of the United States, but in the execution of the said order
he was taken prisoner at the White Plains by the late enemy, and con-
fined four months in prison at New York, where he suffered much by
his imprisonment
Be it enacted by the authority aforesaid That the treasurer pay unto ^J^ret,
the said Isaac Everet junior, the sum of twelve pounds, as a full com- compensa-
pensation for his time and sufferings while in confinement. whUeT
And be it further enacted by the authority aforesaid That the treas- prisoner,
urer pay unto Abraham B. Bancker and John McKesson Esquires clerks {^"Jlture,
of the senate and assembly, the amount of such accounts thereof as they Jo*" Jnci-
shall produce, audited by the auditor of this State, to enable them to plnees.^*
174 LAWS OF NEW YORK. [Chap. 90.
discharge the expence of making repairs in the senate chamber and
exchange, and the other expences necessarily accrued in providing
chairs, wood and candles for the senate and assembly, at the present
meeting.
And in pursuance of concurrent resolutions of the senate and assembly
on the twenty eighth day of October one thousand seven hundred and
seventy eight, offering a reward for apprehending Thomas Wood junior,
Cornell ua Be it further enacted by the authority aforesaid That the treasurer of
^irhornT ^^^^ State pay unto Cornelius Ja: Schermerhorn of the county of Albany
forappi^ twenty four pounds as a full reward for his vigilance and trouble in
<5riminaL* apprehending and conveying to prison the said Thomas Wood junior,
whereby he was brought to justice.
Whereas it appears to the legislature that Samuel Townsend late
a deputy State agenl^ while in the service of this State, was taken pris-
oner and brought into New York and confined near twelve months in
prison ; and it is reasonable that a compensation should be made to
him in the premises
Samuel Be it enaeted by the authority aforesaid That the treasurer of this State
«ompenSa- P^X ^o the said Samuel Townsend the sum of two hundred and twenty
'*h?i ^^^* eight pounds sixteen shillings.
prisoner. Be it further enacted by the authority aforesaid That the master and
Adam wardens of the port of New York are hereby authorized to pay unto
SuSdiie, Adam Dobbs the ballance that shall be due to him for his salery for
5? ^Sa^ taking care of the light house at Sandy-hook previous to the late war,
Hookiig^t. agreeable to such account thereof as he shall produce, audited by the
clerk of the said master and wardens.
John Day, And be it further enacted by the authority aforesaid That the treasurer
erty'ui^ of this State shall and he is hereby required to give a certificate, on
piiy taken interest at five per cent per annum, to John Day for such sum as the
by com- said John Day has obtained a judgment against Martin Wiltsie in the
of MtquS^ Supreme Court of this State for a petteauger sold by the commissioners of
tration. sequestration of the county of Dutchess in the year one thousand seven
hundred and seventy seven to the said Martin Wiltsie, on the said John
Days producing a certificate to the treasurer from the clerk of the said
court of the sum for which judgment was obtained as aforesaid, and the
said certificate shall be receivable in payment for forfeited estates and
unappropriated lands within this State; and all further proceedings
shall be and are hereby stayed in the said suit against the said Martin
Wiltsie for the petteauger aforesaid.
Whereas it appears to the legislature -that Rozina Rush has recovered
a judgment or judgments in the supreme court of this State against
Garret Ackerson, Isaac Coe, and John Deronde; for taking, and deliv-
ering a number of cattle to the commissioners of sequestration for the
county of Orange, which cattle were forfeited to the people of this State
by the conviction of John Rush, husband of the said Rozina Rush.
And whereas sufficient reasons have been assigned to the legislature to
relieve the said Garret Ackerson, Isaac Coe, and John Deronde from
the said judgment or judgments.
Ro8lna Be it enacted by the authority aforesaid That the said judgment or judg-
Jidgment nients obtained in the supreme court in favour of the said Rozina Rush
for.againat against the said Garret Ackerson, Isaac Coe, and John Deronde respec-
named* tively, shall be and hereby is and are declared to be vacated and of no
effect and that no further proceedings be had thereon.
Whereas by the act entitled **An act for the appointment of com-
missioners to procure monies on loan and cloathing for the use of this
State," passed the 7th day of March 1781, the faith of this State was
Chap. 90. J EIGHTH SESSION. 175
pledged to the said commissioners for such compensation for their ser-
vices and expences in the execution of their trust, as to the legislature
should appear just and reasonable: And whereas no provision hath as
yet been made for that purpose therefore
Be it further enacted by the authority aforesaid^ That there shall Isaac Bose-
be allowed to Isaac Rosevelt and William Floyd Esquires, the acting wlniam
commissioners, each the sum of one hundred pounds as a compensation Pioyd, ser-
for their services and expences in and about the said business ; and the rn^he"*^
treasurer of this State, is hereby required to pay the same out of any ^^*
monies unappropriated which may be in the treasury.
And whereas by the twenty-fifth section of the act entitled "An act
for raising ^^ 100,000 within the several counties therein mentioned '*
passed the sixth day of May one thousand seven hundred and eighty-
four, it is provided that any of the supervisors, of the city town manor
district or precinct wherein any lands lie belonging to absentees and
which are or may be advertised for sale conformably to the said act
shall proceed to sell and give deeds for the same and whereas there is
no supervisors in the city and county of New York.
Be it enacted by the authority aforesaid That in all cases where such Mayor, re-
sale is carried into execution it shall and may be lawful for the mayor auieraen^
recorder and aldermen of the said city, or any two of them whereof the »? New
mayor or recorder to be one, to do and perform the duties required of to^perform
the supervisors (respecting the sale of the lands aforesaid) by the said gu^jlj^org
section of the act aforesaid. under act
And be it further enacted by the authority aforesaid That it shall and J^^^y.
may be lawful to and for the treasurer of this State and he is hereby setts*
authorized and required to advance and pay to the agents appointed {jSS'i^'nts
by law for managing the controversy depending between this State and ontiiepart
the Common wealth of Massachusetts, on the order of any two or state,
more of them out of any money in the treasury a sum or sums not ex-
ceeding in the whole four thousand pounds to defray the quota of this
State of the expences which shall arise in the collection of evidence
and the management trial and determination of the said controversy,
and the fee of such council as are or may be employed therein, for
which the said agents shall be accountable. And it shall be lawful for
such of the said agents respectively, as shall attend the said trial to
retain in their hands at and after the rate of eight dollars for every day
they shall respectively and actually be absent from their homes on the
said business, for their expences, exclusive of such reasonable provis-
ion as the legislature shall make for their services.
And whereas William Paulding Esquire late a purchasing commissary
Under the authority of this State did in the execution of his said office
hind himself in his private capacity for the payment of sundry debts
contracted for porvisions and other articles for the use of the army, for
some of which debts he has been arested, and actions are now depend-
ing for the same and whereas the said William Paulding hath rendered
an account of his transactions in the said office and hath obtained a
certificate from the registers office established under the authority of
Congress for the ballance due to him, being nine thousand nine hundred
and sixty two dollars and eighty three ninetieth parts of a dollar upon
which interest hath accrued from the date thereof; therefore
Be it further enacted by the authority aforesaid That it shall and may wiiiiam
be lawful to and for the treasurer of this State and he is hereby author- exchanS
ised and required upon the application of the said William Paulding to of certiK
give him in exchange for the aforesaid certificate, other certificates to *'*'®* '®''
the amount of the said principal sum and the interest thereof out of
176 LAWS OF NEW YORK. [Chap. 90,
any certificates remaining in the treasury and which by law have been
made recievable upon the sale of estates forfeited to and vested in the
people of this State.
William And be it further enacted by the authority aforesaid^ That the treas-
cotnpensa- ^^^^ ^^ ^^^s State is hereby required to pay out of any unappropriated
tionfor, money in the. treasury unto William Miller the sum of one hundred
prisoner, pounds, as a full compensation for his pay and sufferings during his
confinement as a prisoner among the enemy, at the city of New York
in the course of the late war.
Whereas Neal Shaw late of the city of New York rope maker lodged
in the hands of the treasurer a certain note issued by William Barber
Esquire commissioner of .congress for settling accounts in this State,
the sum of six hundred and seventeen pounds two shillings, in order to
countenance his claim to a certain house and lot of land forfeited to
the people of this State by the attainder of James Jauncy, which house
and lot of land have nevertheless been since sold by the commissioners
of forfeitures for the southern district, and the monies paid into the
treasury of this State for the benefit of the people. And whereas
altho' it is reasonable that the said note so lodged by the said Neal
Shaw in the treasury for the express purpose aforesaid should be deliv-
ered to his legal representatives, yet the treasurer doth not concieve
himself justifiable in returning the same without the authority of the
legislature.
Neal Shaw, Be it therefore enacted by the authority aforesaid^ That it shall and may
to ber^^ be lawful to and for the said treasurer and he is hereby authdrised and
turned to. required to deliver the said note to the legal representatives of the said
Neal Shaw to be applied by them as the law directs.
Coinmmis- And be it further enacted by the authority aforesaid That the treas-
forfeltu^ urer of this State is hereby required to advance on account to the corn-
advances missioners of forfeitures appointed by virtue of an act for the speedy
sale of confiscated and forfeited estates within this State and for other
purposes therein mentioned passed the twelfth day of May one thousand
seven hundred and eighty four of the several districts respectively that
is to say, to the commissioner of the middle district a sum not exceed-
ing the sum of one hundred pounds, to the commissioners of the western
district a sum not exceeding eight hundred pounds, and to the com-
missioner of the eastern district a sum not exceeding one hundred and
twenty pounds, to enable them to proceed on the business enjoined on
them by the aforesaid act, to be paid out of any monies unappropriated
which may be in the treasury. And whereas Frederick Beninger of the
county of Albany has produced to this legislature satisfacttory evidence
that fifteen barrels of flour, his property, was delivered by Henry
Dencker to persons appointed to receive public flour, and for which he
has not received any compensation.
Frederick Be it therefore enacted by the authority aforesaid^ That it shall be
^rt?flcafe^* lawful for Udny Hay Esquire to issue to the said Frederick Benninger
to be a certificate (of like tenor as the certificates issued by him as State
"® ' agent) for the sum of fifty two pounds eight shillings and three pence,
with interest at six per cent per annum from the thirtieth day of March
one thousand seven hundred and eighty one, and that the said certificate
shall be recievable in payment for forfeited and unappropriated lands
in like manner as the State agents certificates.
And whereas Dinah Rapelje widow and relict of Joris Rapalje late of
Kings county deceased by virtue of the last will and testament of the
said Joris was vested with the possession of the lands and tenements of
which the said Joris Rapalje died seized. And wherecu the said Dinah
Chap. 90.] EIGHTH SESSION. 177
Rapalje did for and in consideration of a certain yearly support convey
her said right of possession to a part of the said lands to John Rapalje
in whom the reversion thereof was vested after her decease, and the
said lands and tenements being forfeited to the people of this State by
the attainder of the said John Rapalje, and the legislature willing to do
justice to the said Dinah Rapalje.
Be it therefore enacted by the autfiority aforesaid That it shall be lawful Dinah
for the treasurer of this State to pay the said Dinah Rapalje during her J^ity to.
natural life out of any unappropriated moneys in the treasury at and
after the rate of one hundred and twenty five pounds per annum, to be
computed from the first day of July one thousand seven hundred and
eighty four.
And be it further enacted by the autJwrity aforesaid That the said John Dan-
treasurer shall pay unto John Daniel Gross the sum of sixty seven for flour'
pounds eighteen shillings and three pence in full compensation and pay- JurnWie^
ment for forty five hundred one quarter and three pounds of flour by
him lent to this State in the year one thousand seven hundred and eighty.
And wherects Samuel Broom and Jeremiah Piatt by their petition
presented to the legislature among other things set forth that since their
removal from this city to New Haven in Connecticut goods and mer-
chandize to a very considerable amount have been shiped by their part-
ners then in Europe, and other correspondents, for their account, which
goods were immediately reshipped for New Haven, and such part as was
landed, was immediately carried down to another vessel and conveyed
to the said port of New Haven. That the petitioners having given
security for the duty arising on such goods and merchandize have been
called upon by the collector of the port for the payment of the same.
That the petitioners not having derived any benefit from the sale of the
said goods in this State, conceive it to be extremely hard to oblidge
them to pay the duties thereon.
Be it therefore enacted by the authority aforesaid, That it shall and Samuel
may be lawful for the said collector and he is hereby authorized and 2^5**^?*-
required to remit to the said Samuel Broome and Jeremiah Piatt the miah Piatt,
amount of the duties which they owe to this State on such goods and Sf'diJt^^Si
merchandize, as from satisfactory testimony shall appear to the said col- J^J^'Jj ^"
lector to have been reshipped from the port of New York by the said
Samuel Broome and Jeremiah Piatt for the port of New Haven, subse-
quent to the act entitled "An act imposing duties on certain goods
wares and merchandize imported into this State, passed the i8th day of
November 1784, which were unpacked and unopened at the time of
such reshipping.
And be it further enacted by the authority aforesaid That the treasurer Indian
of this State be and he hereby is authorized and required to pay to his jj^nt
excellency the governor for sundry expenditures in the late* treaty with f^ ^^'JJJ^
the Indians the sum of thirty pounds. To Abraham Cuyler Henry in reiaUon
Glenn and Peter Schuyler Esquires, commissioners of Indian affairs, for ^^'
this State, the ballance which may be due them in their account for
expenditures in, and in preparations for the said treaty, to be audited
by the auditor of this State with the asssistance of the committee
appointed to aid him in the execution of his office, together with the
sum of forty pounds to each of them for their services from the time
they have respectively entered upon the execution of the said office.
And to Jacob Lansing for eighteen silver gorgets presented at the said
treaty, to the principal Indians, the sum of thirty six pounds.
And be it also enacted by the authority aforesaid That the commis- Pennsyl-
sioners to be appointed by virtue of an act entitled "An act for running Kundary
Vol. 2. — 23
178
LAWS OF NEW YORK.
[Chap. 90.
Una, com*
pensfttioD
of oommlB-
sionen,
and for
expenses.
Melancton
Smith, quit
rent on
land in
New York
Gtovemor
to employ
person to
nave care
of ord-
Daooe,eto.
Laws of
the State,
distribu.
tlon of
copies of,
by the
Stste
printer.
John
Mason, and
to de-
ranged
officers,
advance
of three
months'
pay, to be
Indorsed
onoertm-
out and marking a jurisdiction line between this State and the Common-
weal ty of Pennsylvania," passed the 7th day of March 1785, be and they
are hereby respectively allowed at and after the rate of forty shillings
per diem for their services, over and above their provisions and neces-
saries, while they shall be employed in the said work; the accounts, as
well of the expenditures, as of the time of service, to be ascertained and
certified to the treasurer, by the auditor of this State ; and on such
accounts rendered, to be paid by the treasurer of this State.
And be it further enacted by the authority aforesaid That the treasurer
of this State shall be and he is hereby required to pay unto Melancton
Smith Esquire such a sum as shall appear to the satisfaction of the
said treasurer to have been due and in arrear as quit rent due to the
corporation of the city of New York on the day of sale, on a certain lott
of land and water lot sold by the commissioners of forfeitures for the
southern district to the said Melancton Smith on the second day of
August one thousand seven hundred and eighty four.
And whereas it is necessary that some person be authorized and ap-
pointed to take care of the cannon and other ordnance stores on or
near the Battery in the city of New York and to keep the said Battery
in repair ; Therefore, Be it enacted by the authority aforesaid That his
excellency the governor or person administring the government for
the time being, be and hereby is authorized to employ such person or
persons, and give such directions as he may think necessary for the
purposes aforesaid.
And be it enacted by the authority aforesaid That the printer for this
State be and he is hereby directed to deliver unto his excellency the
governor or the person administring the government of this State for
the time being thirteen copies of the laws of this State for the use of
Congress and the United States and to each of the following persons
copies of the Laws and Journals (vizt) to his excellency the governor
or person administring the government for the time being two copies,
to each member of the senate and assembly one copy to the chancellor
and each of the judges of the Supreme Court one copy to the clerk of
the senate three copies, and to the clerk of the assembly six copies for
the use of the senate and assembly respectively, to the secretary of the
State, the treasurer of the State, the State auditor, and the surveyor
general each one copy ; to the clerk of the Supreme Court, and to the
register of the Court of Chancery each one copy for the use of the said
court ; to the clerk and treasurer of each county respectively, to the
.clerk of the supervisors of each county respectively, and to the clerk of
each town, manor, district or precinct & to the clerk of the courts of
nisi prius and to the register of the Court of Admiralty each one copy.
And be it further encuted by the authority aforesaid^ That the treasurer
of this State is hereby required to pay out of any unappropriated monies
which may be in the treasury, after the sum required by Congress and
ordered to be paid by an act entitled " An act directing the treasurer of
this State to pay to the treasury of the United States 147,734^0 dollars,"
is fully discharged, to Mr. John Mason, and to each and every of the
deranged officers of the late five New York regiments (who have re-
ceived certificates for the amount of their pay accrued in the months
of October November and December 1780, from the auditors appointed
to liquidate and settle the accounts of the troops of this State in the
service of the United States) each three months pay, they delivering
into the treasury the certificates which they have respectfully received
from the said auditors for the said three months pay.
LAWS
OF THE
STATE OF NEW-YORK,
PASSED BY THE
LEGISLATURE AT THEIR NINTH SESSION
I
CHAP. 1.
AN ACT relative to buildings in the city of New York.
Passed the 31st of January, 1786.
^e it enacted by the People of the State of New York represented in Buildings
Senate and Assembly y and it is hereby enacted by the authority of the same^ York^lty;
That all and every fine or penalty incurred before the passing of this P«""JJ^ '
act, for any ofTence or neglect commuted or suffered contrary to the for^oia-
trae intent and meaning of an act entitled An act for the more effectual **oncem-^
preventions of fires, and for regulating of buildings in the city of New lug re-
York, passed the 31st of December in the year of our Lord 1761, and °"*'*^
of the act entitled An act to amend an act for the more eflfective pre-
vention of fires, and for regulating of buildings in the city of New Vork,
passed the ist of April 1775 shall be and the same are hereby respect-
ively remitted; and that the two above mentioned laws be and they
hereby are suspended until the first day of January next.
CHAP. 2.
A supplementary act to the act entitled an act vesting the real
estate of Benjamin Moore Senior late of the city of New York
sailmaker deceased, in trustees for the payment of his debts,
and for other purposes therein mentioned.
Passed the sist of Januaiy, 1785.
Whereas it was necessary in and by the said act that the trustees preambto.
thereby appointed, should before they exercised any of the powers to
180 LAWS OF NEW YORK. [Chap. 4.
them in and by the said act given file in the court of chancery a bond
in such penalty, and to such person or persons as the chancellor should
think fit, conditioned for the faithful discharge of the trust and powers
vested in the said trustees in and by the said act and to render an
account of the aforesaid estate when thereunto required. And whereas
the absence of the chancellor from the city of New York after the pass-
ing of the said act, prevented the filing of the said bond agreeable to
the directions of the said act.
Acts of Be it enacted by the People, of the State of New York represented in
estate of^ Senate and Assembly and it is hereby enacted by the authority of the same^
>kSre"sr. '^^^^ ^^® said bond filed by the said trustees as aforesaid, and all and
legalized." every of their proceedings under the said act, before and since the filing
of the said bond shall be and hereby are declared to be as good valid
and effectual in law and equity, to all intents constructions and pur-
poses what soever as if the said bond had been filed before any proceed-
ings were had in virtue and pursuance of the said act, any thing in
the aforesaid act to he contrary thereof in any wise notwithstanding.
CHAP. 3.
AN ACT to pardon John GriflTen of the felony therein men-
tioned.
Passed the 31st of January, 1786.
Preamble. WHEREAS John Griffen late of Bedford in the county of Westchester
labourer, was indicted, tried and convicted of the murder of John
Stron late of the said county, and was sentenced to be executed for the
said felony and murder ; and whereas for certain special reasons sug-
gested to the Legislature, it is deemed proper to pardon the said John
Griffen. Therefore
John Grif- Be it enacted by the People of the State of New York represented in
doned'of a ^^^^^^ ^^^ Assembly and it is hereby enacted by the authority of the samCy
felony. That the said John Griffen, be and he is hereby fully and absolutely
discharged and pardoned, of and from the felony aforesaid, and the
conviction aforesaid and from execution and all forfeitures thereon.
CHAP. 4.
AN ACT to continue the treasurer of this State in office.
Passed the 4th of February, 1786.
Gerard Be it enacted by the People of t/ie State of New York represented in
Appoint- Senate and Assembly, and it is hereby enacted by the authority of the same,
ed treas- That Gerard Bancker Esquire shall be, and he hereby is continued in
^^^^' office as treasurer of this State, until sixty days after the rising of the
Legislature at their next meeting, after the first Monday in July, which
will be in the year of our Lord, one thousand, seven hundred and
eighty eight.
Oath of And be it further enacted by the authority aforesaid. That the said
^*" " Gerard Bancker Esquire, if he shall take upon him the execution of the
said office, shall on or before the first day of April next, appear before
oflSoe
treasurer,
Chap. 5.J NINTH SESSION. 181
one of the judges of the supreme court of this State, and take the
following oath, vizt — I Gerard Bancker appointed treasurer of this State
do solemnly and sincerely swear and declare in the presence of Almighty
God, that I will during my continuance therein, well, faithfully and
honestly, to the best of my knowledge and ability, execute the office of
treasurer of this State: and that I will not on any occasion or pretence
apply any monies which shall or may come to my hands as belonging
to this State to any private uses or purposes whatsoever, so help me
God.
Afid be it further enacted by the autfiority aforesaid^ That the speaker Bond to be
of the Assembly for the time being, shall take a bond from the above fi^^er of
named Gerard Bancker on or before the said first day of April next, with assembly,
not less than four sufficient securities, to the people of this State, in the
sum of twenty thousand pounds, lawful money of this State, with a
condition that he the said Gerard Bancker shall and will well, faithfully,
and honestly execute and perform the duties of the said office ; which
bond when so taken, shall be lodged in the secretary's office of this
State.
And be it further enacted by the authority aforesaid^ That if the said Fonner
Gerard Bancker shall upon the expiration of the time for which by this hov?*dift-
act he is continued in office, procure and lodge in the office of the sec- charged,
retary of the State, a certificate duly executed by the auditor of the
State and the committee appointed or to be appointed to assist the
auditor in the settlement of the public accounts, expressing that the
accounts of the said Gerard Bancker as treasurer are regularly stated
and ballanced, and also that the ballance of money if any there be is
actually in the treasury, such certificate when lodged in the office of
the secretary of the State as aforesaid shall be to all intents and purposes
a discharge of the bond directed by this act to be given by the treas-
urer, with securities, for the faithful performance of the duties of his
office as aforesaid.
And be it further enacted by the authority aforesaid^ That immediately SuTetieaon
after the execution of the bond aforesaid, the securities heretofore by tSndfwhen
the said Gerard Bancker given as treasurer of this State, shall be, and JJ'if^bSfr*
they are hereby discharged from their several obligations ; any thing in ^ * ^*
this, or any other law of this State, to the contrary hereof notwithstand-
ing.
CHAP. 5.
AN ACT to revive and continue an act entitled An act to amend
an act entitled An act to lay a duty of tonnage on vessels for
defraying the expence of the light house at Sandy Hook, and
also the act thereby amended.
Passed the 4th of February, 1786.
Whereas the said amended act hath expired by its own limitation —
Therefore
Be it enacted by the People of the State of New York represented in Acts re-
^nate and Assembly^ and it is hereby enacted by the authority of the same^ vivldl'^
That the act entitled " An act to lay a duty of tonnage on vessels, for
defraying the expence of the light house at Sandy Hook " passed the
i2th day of February 1784; and also the act passed 15th February
1785, entitled " An act to amend an act entitled An act to lay a duty of
182
LAWS OF NEW YORK.
[Chap. 7.
Clerk of
master and
wardens,
port of
New York,
salary In-
creased.
tonnage on vessels, for defraying the expence of the light house at
Sandy Hook, passed the 12 th February 1784" shall be, and the said
acts are hereby revived and continued in force, until the first day of
May, which will be in the year of our Lord one thousand seven hundred
and ninety.
And whereas by the sixth section of the act aforesaid, passed the 1 2th
day of February 1784, the sum of forty pounds per gnnum is allowed to
the clerk of the master and warden of the port of New York, which
sum the said master and wardens represent as inadequate to his services.
Be it further enacted by the authority aforesaid That from and after
the passing of this act, and during the continuance thereof the sum of
fifty pounds per annum shall be allowed and paid to the clerk of the
master and wardens of the port of New York out of the monies to be
raised by virtue of this act.
Domlnlok.
LjDoh
natural
Ized.'
CHAP. 6.
AN ACT to naturalize Dominick Lynch.
Passed the 4th of February. 1786.
Whereas Dominick Lynch, hath by his petition prayed to be natural-
ized.
Be it enacted by the People of the State of New York represented in
Senate and Assembly and it is hereby enacted by the authority of the samey
That the said Dominick Lynch shall be and he hereby is naturalized
and shall from and immediately after having taken and subscribed in
any court of record within this State the oath of allegiance to this State^
and abjured and renounced all allegiance and subjection to all and
every foreign King Prince Potentate and State, in all matters ecclesi-
astical as well as civil, be deemed a citizen of this State, to all intents
constructions and purposes whatsoever ; and that the court in which the
said oath shall be administered, shall cause an entry thereof to be made
in the records of the said court, and shall give to him a certificate
thereof, for which the judges of the said court shall be entitled to
demand and receive six shillings, and the clerks of such court three
shillings, and no more.
CHAP. 7.
Preamble.
Trials by
battle
abolished.
AN ACT for regulating trials upon writs of right.
Passed the 6th of February, 1786.
Whereas formerly trials upon writs of right were by battle or the
grand assise, and whereas the barbarous custom of trials by battle hath
deservedly fallen into disuse but hath never been abrogated by law.
And whereas by the institution of the trial by the grand assise four
knights are to be summoned to elect the recognitors. And whereas there
is not nor cannot by law be any such order of men in this State.
Be it enacted by the People of the State of New York represented in
Senate and Assembly^ and it is hereby enacted by the authority of the samey
That trials Dy battle in all cases shall be and hereby are forever abol-
ished.
Chap. 7.] NINTH SESSION. 183
And be it further enacted by the authority aforesaid That in all writs Grand as-
hereafter to be issued for sununoning electors of the grand assise, instead ^^^i^
of the words "Four lawfull knights of your county girt with swords" who to be
the words " Four good and lawful men of your county " shall be inserted; JJ™™**°
and that every of the said men to be summoned and returned to make
election of the grand assise shall always be such as are or shall be duly
qualified to vote for senators, according to the Constitution of this State.
And be it further enacted by the authority aforesaid^ That if either chaUenffes
party shall have cause to challenge the electors so summoned and Sow^eter-
retumed or any of them such challenge shall be taken and made upon mined,
their appearance and before they be sworn to make election of the grand
assise, and not after; and the justices shall thereupon proceed to try and
determine such challenges in such manner as challenges in cases of
common juries are by law to be tried and determined. And if any such
electors shall be found not duly qualified or not indifferent between the
parties, then a new writ shall be issued for summoning another or others
as the case may require and those who are not challenged or found duly
qualified and indifferent between the parties as well as the parties shall
be adjourned over to the day of the return of such new writ. And when
such four electors as shall not be challenged or shall be found duly Recoffnl-
qualified antf indifferent shall appear they shall be severally sworn law- JJiScud''
fully and truly to chuse in the presence of the parties, in addition to and eum-
themselves, twenty other good and lawful men of the county who best SSuiengee.
know and will declare the truth between the parties to make recognition
of the grand assise and every of the recognitors* so to be chosen by the
said four electors shall always be such men as shall be duly qualified by
the laws of this State to serve as jurors upon trials at bar in the supreme
court ; and if either party shall have cause to challenge any of the said
recognitors such challenge shall be taken and made before the said four
electors who shall immediately try and determine the same. And if
any man named by the said four electors as a recognitor shall be chal-
lenged and found not duly qualified or not indifferent between the par-
ties they shall leave his name out of the pannel and chuse another in his
stead and when they have compleated a panel of twenty four recognit-
ors of themselves and others as aforesaid they shall in their proper per-
sons return and deliver the same to the justices in open court.
And be it further enacted by the authority aforesaid That upon the Recogni-
delivery of such pannel into court, a writ shall issue to the proper officer mSJingof;
commanding him to cause the said recognitors to come before the jus- ?Jf '^^ ^'
tices at a certain day and place to make recognition of the grand assise
between the parties: And if the cause is to be tried at the circuit court
in any of the counties a proper clause of nisi prius shall be inserted in
such writ for the purpose. And when a sufficient number of the said
recognitors shall appear to make the said recognition, such of them as
do appear shall be called and sworn as they stand upon the said pannel,
until sixteen of them shall be sworn, who shall make the said recogni-
tion.
Ana be it further enacted by the authority aforesaid^ That it a sufficient Recogni-
number of the said recognitors to make the said recognition shall not tendance
appear at the return of the first process for summoning, them, writs of Jo'roST*'^*
distringas shall be issued against them from time to time until they
shall appear.
And be it further enacted by the authority aforesaid That all trials Trials of
upon writs of right shall be had in the county where the tenements in JjSJt,^'
demand shall be situated unless the court upon motion of either party ^gJJ.^
shall order the tHal to be at the bar of the supreme court.
184 LAWS OF NEW YORK. [Chap.S.
CHAP. 8.
AN ACT for taking the number of inhabitants within this State.
Passed the 8th of February, 1786.
Preamble. WHEREAS in order fully to comply with the act of congress of the
1 8th day of April 1783, it is become necessary to take the number of all
the inhabitants within this State, except Indians, not paying taxes.
Secretary Be it enacted by the People of the State of New York represented in
WaSK^and ^^nate and Assembly^ and it is hereby enacted by the authority of the same^
to^^eri? That the secretary of this State, shall forthwith, cause a competent
*' number of blank returns to be printed in the form of the schedule
annexed to this act, and shall, on, or before the first day of April next
deliver or cause to be delivered, to the sherif of each county within this
State for the time being, such a number of the said returns, as the said
secretary shall deem sufficient to accomplish the purposes intended by
this act, together with a copy of this act.
Sheriff to That it shall be the duty of each sherif, on or before, the first day of
blanks"'^ May next, to deliver or cause to be delivered a competent number of
to oonsta- such returns, to any one of the constables in each of the districts within
■tabiw^to" his county, requiring and commanding such constable, to take the num-
the inhabu ^^^ ^^ ^^^ inhabitants within his district, and to enter the number of
tants; de- inhabitants under the respective heads in the returns so to be delivered
retunifl to by the sherif, and after having taken the number of the inhabitants, and
sheriff and entered them as before directed, to subscribe such return, certifying the
*®°^**^* same to be a true return on his oath of office, and deliver or cause the
same to be delivered to the sherif in whose county such constable doth
reside, on or before the fifteenth day of June next. And each sherif is
hereby strictly required to deliver or cause to be delivered all the returns,
compleated in the manner aforesaid from the different districts within
his county countersigned by himself, and certifying on his oath of office,
that the returns so by him, delivered, are the true returns made to him
by the respective constable, to the secretary of the State, on or before
the first day of August next, and the secretary of the State shall within one
Secretary month next after he shall have received the returns from the different
■ummaJy sherifs, make out one general return, containing a like number of col-
of returns, umns as in the schedule annexed, and captined in like manner, except
the first column, over which shall be written " names of the counties "
and opposite to each county, and under the respective heads contained
in the other columns, he shall enter the aggregate of all the numbers
contained in the corresponding columns of the district returns, aftd
having made out such general'retum, and signed the same, shall deliver
the same to the person adminstering the government of the State for tlie
time being, to be by him, transmitted to congress.
Penalty And be it further enacted by the authority aforesaid^ That if any con-
of'duty^by* Stable shall neglect or refuse to perform the duties enjoined him by this
sheriff or act, or shall not deliver or cause to be delivered to the sherif, the return
constable, y^^ ^^^ ^^^ required, on or before the time by this act appointed, such
delinquent constable shall forfeit to the people of this State, the sum of
ten pounds, and a like further sum of ten pounds for every month he
shall continue so delinquent, to be recovered by the sherif of the county
in his own name, before any justice of the peace, and the fine or fines
so recovered, to pay into the treasury of this State, and on every judg-*
ment to be rendered for such fine or fines, execution shall issue forth-
Chap. 9.]
NINTH SESSION.
185
with after such judgment rendered. And further that if any sherif shall
not perform the duties enjoined him by this act, or shall neglect or
refuse to make the return to the secretary of the State by the time in
this act mentioned, such delinquent sherif shall forfeit to the people of
this State the sum of fifty pounds, and a like further sum of fifty pounds
for every month he shall continue delinquent to be recovered by tlie
secretary of the State in his own name in any court of record within
this State, and the fine or fines so recovered to pay into the treasury of
this State, Provided always that such delinquent sherif shall not be
liable to prosecution by this act, if on the said first day of August next,
he shall file a certificate in the secretarys office signed by the magistrate
before whom a delinquent constable has been brought and prosecuted,
that such delinquent constable was convicted. And provided also that
at the end of every future month whilst the sherif continues so delin-
quent, he shall file such certificate as aforesaid.
And he it further enacted by the authority aforesaid^ That the sherifs
and constables shall severally be allowed such sura for.their services, as
the corporation of the city of New York, and the supervisors of the
several counties shall respectively deem an adequate compensation for
the duties enjoined by this act; and that such allowance shall be deemed
a county charge, and be levied and paid in like manner, as other county
charges are levied and paid.
I*rovl8o;
sheriff DOt
to be fined
for default
constable.
Compensa-
tion of
sheriffs
and con-
stables.
Schedule.
Names of
the heads of
funnies.
Citizens and Inhabitants.
Males
under i6
years.
Males
above x6
and under
60 years.
Males
above 60
years.
Females
under x6
years.
Females
above 16
years.
Slavks.
Male
neg»^o
slaves.
Female
negro
slaves.
Schedule.
Indians
who pay
taxes.
CHAP. 9.
AN ACT for the better levying and accounting for fines, forfeit-
ures, issues, amerciaments, and debts due to the people of this
State.
Passed the 9th of February, 1786.
Be it enacted by the People of the State of New York^ represented in
Senate and Assembly, and it is hereby enacted by the authority of the same,
That the junior justice of the supreme court of judicature of this State
foi the time being, or in his absence, one other of the puisne justices of
the same court, shall and may, during every term of the said supreme
court, or during such part thereof as may be necessary, in some con-
venient place near where the said supreme court shall then sit, hold a
court for the hearing and determining of all causes matters, and things
concerning fines, forfeitures, issues, amerciaments and debts due to the
people of this State, according to law and the course of the exchequer.
And that it shall and may be lawful to and for such justice to cause due
process of law to be issued for the levying of all fines, forfeitures, issues
Vol. 2. — 24.
OODftof
exchequer,
to be held
by the Jun-
ior Justice
of the
supreme
court;
Jurladiction
of court.
186
LAWS OF NEW YORK.
[Chap. 9,
Justice
may trans-
fer oases
to the
supreme
court.
Clerk of
court,
appoint-
ment and
duties.
Seal of the
court.
Process,
howtested.
and amerciaments which have been, or hereafter may be set, laid, imposed,
assessed, lost, or adjudged in any court of record of this State; and to
cause all sherifs, coroners and other officers who have received, or here-
after shall or may receive any monies for any such fines, forfeitures, issues,
or amerciaments, duly to account for the same; and to examine audit,
and settle such accounts; and to cause the sums which shall appear or
be found to be due thereon to be duly paid ; and to cause due process
of law to be issued for recovering all monies upon recognizances for-
feited, or to become forfeited to the people of this State; and to hear
and determine all questions and matters concerning the same, and the
forfeiture thereof; and upon good cause shewn to remit any such for-
feiture, or part thereof and to discharge such recognizance according to
equity and justice. And further that it shall and may be lawful to and
for such justice in all cases of difficulty to adjourn the cause and matter,
and deliver the record thereof into the supreme court, where the same
shall be heard and determined; and then the said record shall be sent
back by the clerk pi the said supreme court, to the said court so to be
held before the junior, or other puisne justice of the said supreme court,
in order that execution may be there done according to law.
And be it further enacted by the authority aforesaid^ That the justices
of the supreme court for the time being, from time to time, when and as
often as may be necessary, by rule or order, to be entered in the min-
utes of the same supreme court, shaU nominate, and the chief justice of
the same supreme court, under his hand and the seal of the same supreme
court, commission an experienced and proper person to be clerk of the
court so to be held, who shall be called the clerk of the exchequer in
the supreme court, and shall hold his office during the pleasure of the
justices of the said supreme court And such clerk shall make and enter
all such minutes, memorandums and records, and make and issue all
such process as such justice who shall hold such exchequer court shall
from time to time direct. And shall receive and be accountable for all
monies to be paid into the said court. And shall yearly on the first day
of January term in every year, make a just and true account, upon his
oath, of all monies paid into the said exchequer court, and of all expences
by him paid for stationary, and other necessaries for the said office, and
produce the same account to such justice as may then hold the same
exchequer court, for his allowance and approbation thereof ; and shall
within twenty days thereafter deliver a true copy of such account, so
approved, to the treasurer of this State for the time being, and pay to
the same treasurer, for the use of this State, the amount of such account,
after deducting thereout, the sallary allowed to the said clerk, and the
sums so allowed for necessaries as aforesaid; upon pain of forfeiting his
office for any neglect of his duty therein, besides being answerable for
the money in his hands.
And be it further enacted by the authority aforesaid^ That the justices of
the supreme court for the time being, shall devise and cause to be made
a seal foi: the said exchequer court, upon which shall be engraved the
words New York Exchequer Seal, and shall deliver a description thereof
in writing to the secretary of this State, to be deposited and recorded
among the records of this State, and shall deliver the said seal to the
clerk of the said exchequer court, who shall pay for the samcj out of the
monies to be by him received as aforesaid. And further that all pro-
cess of the said exchequer court shall be made in the name of the people
of the State of New York, and be tested in the name of the junior jus-
tice of the supreme court for the time being, and signed by the clerk of
the said court of exchequer, and sealed with the said seal so to be made;
Chap. 9.] NINTH SESSION. 187
and shall be returnable as follows; that is to say ** Before one of our
justices of our supreme court in our court of exchequer " on such day
as the said court of exchequer may then be appointed to be held, where-
soever the same court shall then be held.
And be it further enacted by the authority aforesaid^ That every such cierk,oatb
clerk, so to be appointed, before he enters upon the execution of his ^SmSSiar-
office, shall take the oaths required by law to be taken by ministerial tion.
officers; and shall be allowed and paid the yearly salary of two hundred
and fifty pounds for his services j but shall not upon any pretence
whatsoever, have, receive, accept, or take, any fees, perquisites or reward
whatsoever for any of the services by him to be Derform^ 1, in the execu-
tion of his said office.
And be it further enacted by the authority aforesaid, That no justice JuBtice not
of the said supreme court, who may at any time hold the said court of J^e"??*^*
exchequer, shall have, receive, accept or take any fees, perquisites, or perquisites
reward whatsoever for any services by him to be performed by virtue of
this act ; his salary and fees as justice of the supreme court, being con-
sidered as a full compensation for the services aforesaid.
And be it further enacted by the authority aforesaid^ That the respective AnDuai re-
clerks of every court of record in this State, shall yearly, on the first cufrlw*of
day of the term of July in every year, make and deliver into the said courts of
court of exchequer a just and true account and estreat of all fines, for- the^court
feitures, issues, and amerciaments, set, laid, imposed, assessed lost or 2er*pen?"
adjudged, and of all recognizances forfeited, before the first day of aity tor
June, immediately preceeding the first day of July term, on which such ^^^^
account shall be rendered, in and by the respective courts of which they
are or shall be clerks, together with the said recognizances; noting in
every such account and estreat, where any such fines, forfeitures, issues
or amerciaments have been paid, or process issued, or the person com-
mitted, for the same, to whom such payment or committment was made,
and what process has been issued, and to what officer ; upon pain that
every clerk who shall neglect his duty therein, shall not only forfeit his
office, but become and be answerable for all such fines, forfeitures, issues,
and amerciaments, and the amount of all such recognizances, as such
clerk shall neglect to give an account of, and estreat and deliver as
aforesaid.
And be it further enacted by the authority aforesaid^ That all sherifs. Sheriffs,
coroners and other officers, who have, or hereafter shall, or may receive, eto.?aaniiai
or be accountable, for any such fines, forfeitures, issues, or amercia- b^?**"°Jte
ments, shall yearly, on the first day of the term of July, in every year, forS^-
render a just and true account thereof, on oath, to the said court of *®®^
exchequer; and the same account being examined, audited and settled
by the judge of the same court, shall pay the ballance appearing or
found due on such account, if any there be in favor of the people of this
State, to the clerk of the said court; and upon payment thereof, the said
court of exchequer shall make and grant to such sherif, coroner, or
other officer, a quietus or discharge for the same, under the seal of the
said court of exchequer. And if any such sherif, coroner, or other
officer, shall not pay such ballance so found due, within twenty days
after the auditing of his account, execution shall be issued against him
for the same; and if any such sherif, coroner, or other officer, shall
refuse or neglect to make or render such account, such officer so neg
lecting or refusing, shall be liable to pay all such sums of money as shall
be, or ought to have been, or might have been, received by him for any
such fines, forfeitures, issues, or amerciaments, as well as all such fines,
forfeitures, issues and amerciaments, as shall have been set, laid, imposed.
188 LAWS OF NEW YORK. [Chap. io.
assessed, lost or adjudged, by, or against, or upon, such officer so neg-
lecting or refusing, in any court of record in this State ; and execu-
tion shall thereupon be issued against such officer for the same.
Suits, by And be it therefore enacted by the authority aforesaid^ That all suits in
proSScuted. ^^ ^^^^ court of cxchequor, shall be followed and prosecuted by the
clerk of the said court, or the attorney general of this State, and by no
other person. And that all executions to be issued by the said court
Execu- shall be against the body, lands and goods of the debtor or the defend-
guSnce^of, ^^t» commanding the officer, to whom the said executions shall be
proceed- directed, to cause to be made of the goods and chatties of such debtor
d°e? and or defendant, in his bailiwick or county, the debt or sum of money in
return of. ^^ ^^aA execution specified; and if sufficient goods and chattels of such
debtor or defendant to satisfy such debt, shall not be found in the baili-
wick, or county, of the officer, to whom such execution shall be directed,
that then he diligently enquire, by the oath, of good and lawful men of
his bailiwick or county, what lands and tenements, the same debtor or
defendant hath or was seised of in his said bailiwick or county, on the
day such debt accrued, or such monies became due, which shall be par-
ticularly specified in such writ of execution; and that of all and singular
those lands and tenements, in whose hands soever they may then be, he
cause to be made the said debt specified in such execution; and that he
take the body of the said debtor or defendant, and him in prison safely
keep, until he shall fully satisfy the people of this State of the said debt.
But where sufficient goods and chattels of such debtor or defendant
shall be found to satisfy such debt, his land shall not be sold, nor his
1 body taken in execution for the same debt. And when any such execu-
tion shall be issued against any sherif, coroner or other officer, while in
office, or against any heir, executor or administrator, such execution
shall not be against their bodies; but only against the lands goods and
chattels, of such sherif, coroner or other officer, or the lands, goods and
chattels of the ancestor, testator, or intestate, of such heir, executor,
or administrator,
aerk to And be it further therefore enacted by the authority aforesaid^ That the
ffiT6 bond, gj^j^ clerk of the court of exchequer, shall before he enter upon the dis-
charge of any of the duties directed to be performed by him in and by this
act, give a bond with two sureties to be approved of by one of the judges
of the supreme court, to the people of this State, in the sum of two thous-
and pounds, conditioned for the true and faithful performance of the
duties of his said office; and shall file such bond in the office of the
clerk of the supreme court.
CHAP. 10.
AN ACT to enable the administrator, with the will annexed, of
Anne Avory, widow, deceased, to cary the said will into effect.
Passed the 20th of February, 1786.
Preamble; Whereas it appears to this legislature, that Anne Avory, late of the
estate of ^jty of New York, widow, deceased, by her last will and testament duly
Avorr. de- executed, did appoint Francis Brashier, and Bernardus Legrange, late
of N^**^ of New Brunswick in the State of New Jersey, to be executors of her
York city, said will, with power to sell certain portions of her real estate in fee
simple: And^ whereas the said Francis Brashier is since dead; and the
said Bernardus Legrange is removed into parts beyond sea: and whereas
Chap, ii.] NINTH SESSION. 189
by occasion of the premises; administration with the will annexed, of
the estate of the said Anne Avory, is in due form of law granted to
Abraham Beach, of the city of New York clerk. Therefore,
Be it enacted by the People of the State of New York, represented in Adminia-
Semte and Assembly ; and it is hereby enacted by the authority of the same\ JJuf an^'**
That it shall and may be lawful to and for the said Abraham Beach, ^^^
and he is hereby fully authorized and enabled to sell the land, whereof fh^rityU)
the said testatrix so died seized, in the county of Albany; and to make, JiJlfJ^te
seal, and execute, good and sufficient deeds, and conveyances, for the
same, in fee simple, as fully and effectually to all intents and purposes,
as the executors named in the said will, might, or could, lawfully have
done; and to distribute and apply the monies to arise therefrom, as the
said will directs : Provided always , that the said Abraham Beach, before Proviso;
he enters upon the execution of the trust hereby in him reposed, shall be^vMi
give bond with such security, and in such manner, as the chancellor
shall direct, for the faithful performance of the said trust.
CHAP. 11.
AN ACT to raise a fund for defraying the damages done by
dogs in the county of Richmond-
Passed the 2oth of February, 1786.
Whereas many of the inhabitants within the county of Richmond in Preamble.
the State of New York have sustained great losses occasioned by dogs
killing their sheep without being able to obtain redress.
I. Be it enacted by the People of the State of New York represented in Tax laid on
Senate and Assembly and it is hereby enacted by the authority of the same Rj^mond
That it shall and may be lawful for the collector in each respect- county,
ive precinct and manner within the said county once in every year after
the first day of May next during the continuance of this act to demand
and receive of and from all persons, having the property in or keeping
any dog or dogs of what kind soever of three months old and upwards
the sum of two shillings for any dog kept by any one person or family
the sum of six shillings for the second dog, and the sum of twelve shil-
lings for every dog above the number of two to be kept as aforesaid.
II. And be it enacted by the authority aforesaid That if any per- OoUection
son or persons having property in or keeping any dog or dogs of J^J^Jd^
what kind soever as aforesaid shall neglect or refuse to pay unto the
collector of their respective precincts or manor the sum or sums as
aforesaid twenty days after the same is demanded it shall and may be
lawful and it is hereby made the duty of the collector of each respective
precinct or manor to commence & prosecute his or their action or
actions against any delinquent or delinquents for the recovery of the
same, with costs of suit, before any justice of the peace for the said
county. And if any person or persons shall deny that he, she or they,
have property in or keep any dog or dogs, yet if it can be proved that
such person or persons are in possession of or suffer the same to remain
about his or her house twenty days before the demand made by the col-
lector, he she or they shall be deemed to be owner or owners of such
dog or dogs and liable to the payment of the aforesaid tax, to be recov-
ered as above. And if any dog or dogs shall continue or keep about
any persons house twenty days and no person appearing within that
time to claim such dog or dogs, it shall and may be lawful for such
190 LAWS OF NEW YORK. [Chap. ii.
person having such dog or dogs about his house as aforesaid to kill the
same at any time after the said twenty days.
Damat^e III. And be it further enacted by the authority aforesaid That when
dog8,^^ow ^^y person or persons within the said county shall have sustained dam-
tff^ii damages by dogs of any kind as aforesaid, it shall and may be lawful
for him her or them to call in the persons who are or shall be appointed
fence viewers in each respective precinct of the said county for the time
being who reside next adjacent to the person or persons where the
damage shall happen, who are hereby empowered to view the sheep so
killed or hurt. And if it shall appear to their satisfaction that they
were killed by dogs only; then the said fence viewers shall certify the
same, with the true and real value of the sheep or damage sustained,
and the number killed or hurt under their hands, which certificate shall
be a sufi&cient voucher to the supervisors for paying the value of the
sheep pr damage therein expressed.
Where IV. And be it further enacted by the authority aforesaid^ That when-
uileS ®^^^ sheep within the said county shall hereafter be killed or hurt by
owner of any dog or dogs, and it can be proved whose dog or dogs it was that
foifdam-* clid the damage if the owner or owners of such dog or dogs shall neg-
^9^' lect or refuse to kill the same and make satisfaction to the person or
persons injured after demand made it shall and may be lawful for the
person or persons so injured to get the value of the sheep or the dam-
ages certified by the aforesaid fence viewers and commence his her or
their action or actions against the owner or owners of such dog or dogs
before any justice of the peace of the said county and recover the same
with costs of suit.
Dogs found V. And be it further enacted by the authority aforesaid That if any
^e^m»7 person or persons shall find any dog or dogs worrying or killing any
be kuied. sheep it shall and may be lawful for them immediately to kill such dog
or dogs and if it shall be proved that such dog or dogs had before killed
sheep and the same came to the knowledge of the owner or possessor
thereof then and in such case it shall and may be lawful for the person
or persons injured to get the value of the sheep or damages certified as
above and to commence his her or their action for the recovery thereof
as aforesaid.
CoUectors, VI. And be it further enacted by the authority aforesaid That the col-
duty of. lector or collectors of each respective precinct within the said county
shall keep a book and therein enter the names of every person in his or
^ their respective precincts or manors keeping dogs, and the number
thereof with the tax or sums collected by virtue of this act and shall
pay the same into the hands of the county treasurer to be disposed of
by the supervisors for the purposes above mentioned.
Feee of VII. And be it further enacted by the authority aforesaid That the col-
ooUectors. |g^jQ|. q,. collectors of each respective precinct or manor within the said
county shall retain and keep in his and their hands one shilling in the
pound for all sums by him or them collected and paid in pursuance of
this act.
Penalty for VIII. And be it further enacted by the authority aforesaid That if either
negieot. ^^ ^^ collectors of any of the precincts or manor within the said
county shall refuse or neglect to collect the taxes aforesaid and do
what is enjoined upon them by this act, he or they so offending shall
forfeit and pay the sum of five pounds to be recovered by action of
debt before any justice of the peace of the said county with costs of
suit by any person or persons who will prosecute the same to effect, the
one half to the prosecutor, and the other half to be applied to the uses
aforesaid.
Chap. 12.] NINTH SESSION. 191
CHAP. 12.
AN ACT to abolish entails, to confirm conveyances by tenants
in tail, to regulate descents, and to direct the mode of convey-
ances to joint tenants.
Passed the 23d of February, 1786.
Be it enacted by the People of the State of New York represented in BBtates
Senate and Assembly^ and it is hereby enacted by the authority of the same^ iJha?^
That all estates tail shall be and are hereby abolished ; and that in all
cases where any person or persons now is or are, or if the act herein
after mentioned and repealed had not been passed would now be seised
in fee-tail, of any lands, tenements or hereditaments, such person and
persons shall be deemed to be seised of the same in fee simple absolute.
And further That in all cases where any person or persons would, sgtates to
if the said act and this present act had not been passed, at any time J JJ\IS|
hereafter become seised in fee-tail of any lands, tenements, or heredita-^ shaU hi-
ments, by virtue of any devise, gift, grant or other conveyances, here- uSs iST
tofore made, or hereafter to be made, or by any other means whatso- '•e^mpie.
ever, such person and persons instead of becoming seised thereof in
fee-tail, shall be deemed aiid adjudged to become seised thereof in fee
simple absolute.
And be it, further enacted by the authority aforesaid^ That where any Titieof
lands, tenements, or hereditaments heretofore have been devised, stands"
granted, or otherwise conveyed, by a tenant in tail, and the person or devi»«d by
persons to whom such devise, grant or other conveyance hath been taSrooi-
made, his her or their heirs or assigns have or hath, from the time such **^«d.
devise took effect, or from the time such grant, or other conveyance,
was made, to the day of the passing of this act^ been in the uninter-
rupted possession of such lands, tenements or hereditaments, and claim-
ing and holding the same under, or by virtue of such devise, grant or
other conveyance, then such devise, grant or other conveyance shall be
deemed as good, legal and effectual, to all intents and purposes, as if
such tenant in tail had, at the time of the making of such devise, grant
or other conveyance, been seised of such lands, tenements or heredit-
aments in fee simple any law to the contrary hereof notwithstanding.
And be it further enacted by the authority aforesaid. That where any Inberi-
person shall die seised of any lands, tenements or hereditaments, with- Sf|*wiere*
out devising the same in due form of law and leaving more than one 5?"?°^^
person lawful issue, or without lawful issue, the inheritance shall here- uS. ^
after, in the five several following cases, descend and go, as in each case
is particularly specified ; that is to say,
First. In case the person, so seised, shall leave several persons lawful Bguai
issue, in the direct line of lineal descent, and all of equal degree of J^SSS? **'
consanguinity, to the person so seised,the inheritance shall then descend ««Jnity.
to the said several persons, as tenants in common, in equal parts, how-
ever remote from the person so seised, the common degree of consan-
guinity may be, in the same manner as if they were all daughters of the
person so seised.
Secondly. In case the said person, so seised, shall die leaving lawful Different
issue of different degrees of consanguinity to him, or her, the said ooSan *^
person so seised, the inheritance shall descend to the lawful child or g^Jniv-
children of the said person so seised, if any or either of them be then
living, and to the lawful issue of such of the children of the said person
so seised, as shall be then dead, leaving lawful issue, as tenants in com-
192 LAWS OF NEW YORK. [Chap. 12.
mon, such issue always to inherit if one person solely, and if several
persons, as tenants in common, in equal parts, such share only as would
have descended to his her or their parent, if such parent had been then
living : and each of the lawful children of the said person so seised,
always to inherit such share, as would have descended to him, or her,
if all the children of the said person so seised who shall be then dead,
leaving lawful issue, had been living at the time of the death of the said
person so seised: And if there be no child, of the said person so
seised living, at the time of the death of the said person so seised, and
only a grand child, or grand children, and the lawful issue of a grand
child, or grand children, who shall be then dead leaving lawful issue,
then the inheritance shall descend to such grand child, or grand children
of the person so seised, and to the lawful issue of such of the grand
children of the said person so seised, as shall be then dead leaving law-
ful issue as tenants in common ; such issue always to inherit, if one per-
son solely, and if several persons, as tenants in common, in equal parts,
such share only as would have descended to his, her or their parent, if
such parent had been then living ; and each of the grand children, of
the said person so seised, who shall be living at the time of the death
of the person so seised, always to inherit such share, as would have
descended to him, or her, if all the grand children of the said person
so seised, who shall be then dead leaving lawful issue, had been living
at the time of the death of the said person so seised. And the same
law of inheritance and descent shall be observed in case of the death
of the grand children, and other descendants, to the remotest degree.
When Thirdly^ In case the said person so seised shall die without lawful
motbep*"^ issue, leaving a father, then the inheritance shall go to the father of the
inherit. said person so seised in fee-simple, unless the said inheritance came to
the person so seised from the part of his or her mother, in which case it
shall descend as if such person so seised had survived his or her father.
When Fourthly^ In case the said person so seised, shall after the death of
and^siljSrs his or her father, die without lawful issue leaving a brother or sister, or
inherit; leaving a brother ot brothers and a sister or sisters, the inheritance shall
half blood, descend to such brothers or sisters, or to such brother or brothers and
sister or sisters, as the case may be as tenants in common, in equal parts.
And in such case every brother and sister of the half blood, of the said
person so seised, shall inherit equally with those of the whole blood;
unless where such inheritance came to the said person so seised, by
descent, devise, or gift of some one of his or her ancestors ; in which
case, all those who are not of the blood of such ancester shall be excluded
from such inheritance. And
Brother or - Fifthly^ In case any such brother or sister who would have inherited
chi^rento ^X ^^^ law, if living, shall die before the said person so seised, and leave
succeed to a lawful child or children, such child or children surviving the said per-
JSJJe.^ son so seised, shall inherit, if a child, solely, and if children, as tenants
in common, in equal parts, such share as would have descended to his,
her or their father or mother, if such father or mother had survived the
Pj^ . said person so seised. And in all cases of descent not particularly pro-
eetatM^in vided for by this act, the common law shall govern,
and'dlfwer Provided always and be it further enacted by the authority aforesaid^
S^S" That nothing herein contained, shall be construed to bar or injure the
Posthu- ^S^^ or estate of a husband as tenant by the courtesy; or a widow's
mouB chii- right of dower.
hSrit ^ I?" ^nd be it further enacted by the authority aforesaid. That all posthu-
{{J**" *n ^ mus children shall in all cases whatsoever, inherit in like manner as if^
fathe?.^ ^ they were bom in the lifetime of their respective fathers.
Chap. 13.] NINTH SESSION. 193
And be it further enacted by the authority aforesaid. That no estate in Joint ten-
joint-tenancy, in lands, tenements or hereditaments, shall be held or ^S2^^^
claimed by or under any grant, devise or conveyance whatsoever, here- bo consid-
after to be made, other than to executors or trustees, unless the prem- hSd £
ises therein mentioned shall expressly be thereby declared to pass, not
in tenancy in common, but in joint tenancy; and every such estate other
than to executors or trustees, unless otherwise expressly declared as
aforesaid, shall be deemed to be in tenancy in common : any law cus-
tom or usage to the contrary notwithstanding.
And be it further enacted by the authority aforesaid. That the act enti- Act re-
tled "An act to abolish entails, to confirm conveyances by tenants in J^J^^dT
tail, to distribute estates real of intestates, to remedy defective convey-
ances to joint-tenants, and directing the mode of such conveyances in
future " passed the twelfth day of July in the year of our Lord one
thousand seven hundred and eighty two, shall be, and hereby is repealed:
but all descents and conveyances which have happened or been made,
since th^ passing of the said act, hereby repealed, shall take effect
according to the said act: Provided always^ That notwithstanding any Proyi8o;a8
thing in the said act contained, every grant conveyance or devise here- iSf^isea
tofore miide, or hereafter to be made, to executors or trustees, shall be madewwie
deemed to be in joint-tenancv, and not in tenancy in common. act waa^in
foroo.
CHAP. 13.
AN ACT for transcribing certain records of patents.
Passed the 23d of February, 1786.
Whereas certain of the records of patents in the office of the secre- Preamble,
tary of the State, are by various accidents so injured, that a frequent
recourse to them may render them illegible; to prevent which.
Be it enacted by the People of the State of New York, represented in Sen- Committee
ate and Assembly, and it is hereby enacted by the authority of the same,^^^\^^'
That the secretary of State for the time being, shall transcribe, or cause transcrib-
to be transcribed in his office, such of the said records of patents as the pate^ts^ln
said secretary, James Duane, Isaac Roosevelt, Samuel Jones and Rich- JJ« ^^^
ard Varick Esquires, or a majority of them shall deem necessary. And ofSo^
that such transcripts being compared with their originals, shall be certi-
fied by the said secretary to be true copies of the originals aforesaid.
And be it further enacted by the authority aforesaid^ That the secretary, Books of
together with the persons herein before named, or a majority of them J^^ ^
shall cause to be re-bound such of the books of records in the office of bound,
the said secretary, as to them shall appear to be necessary, and shall
employ one or more person or persons for that purpose. And that the Transcrib-
transcribing of the said records, as well as the binding, to be done in b^SJjnK
pursuance of this act, shall be performed in the office of the secretary where to
of the State, and in the presence of the said secretary, or of his sworn ® '*°°®*
deputy.
And be itfurtJier enacted by the authority aforesaid. That the secre- Secretary,
tary of the State shall be allowed for copying the said records, at and fo^^'Jfy^*
after the rate.of one shilling and six pence few: every one hundred and ing.
twenty eight words.
And be it further enacted^ by the authority aforesaid, That the treasurer Treasurer
of the State shall, and he is hereby authorized and directed to pay, to co^tot'
Vol. 2. — 25
194 LAWS OF NEW YORK. [Chap. 15,
seoretar7> the said secretary such sum or sums of money, as shall from time to time
auStad. appear by accounts duly audited by the auditor of this State to be due
to him for his services and expenditures in pursuance of this act
Secretary And be it further enacted by the atUhority aforescUdy That the secretary
iS^JH^^ of the State shall, and he is hereby directed to report to the legislature,
his progress in the execution of the duties by this act required, in order
that further provision may be made, for perpetuating the evidence aris-
ing from the said records.
CHAP. 14.
I AN ACT to regulate the future meetings of the legislature.
Passed the 13th of March, 1786.
Me<^iDffB Be it enacted by the People of the State of New Yorky represented in
lalature^ Senate and Assembly ^ and it is hereby enacted by the authority of the same^
whenhef^ That in case the person administering the government for the time
being, shall not, on or after the first Monday of July, and before the
first Tuesday in January in any year, convene the legislature by procla-
mation, then the legislature shall meet on the said first Tuesday of
January without any summons or notification whatever, at such place as
the senate and assembly, at their meeting next preceding the said first
Tuesday in January shall have adjourned to ; and in case there shall
have been no such adjournment, or the senate and assembly shall not
have adjourned to a place certain, then they shall convene on the said
first Tuesday in January at the place at which the last preceding meet-
ing of the legislature was held.
CHAP. 15.
AN ACT to divide Charlotte and Rhynbeck precincts into three
precincts.
Passed the 13th of March, 1786.
ciiDton. Be it enacted by the People of the State of New York^ represented in
of*erected Senate and Assembly y and it is hereby enacted by the authority of the same^
out of That all the lands parcel of Charlotte and Rhynbeck precincts in Dutch-
preoiDoti ess county comprehended within the limits and bounds following, shall
fot2*and ^^ ^ seperate and distinct precinct, and called and known by the name
Rhinebeck, of Clinton precinct ; that is to say to begin at the east bank of Hudsons
wuuty^ river, at the north west comer of the tract of land called Pawlings pat-
ent, and to run thence along the north line of the said patent to Crum-
elbow Kill, (alias Fish Creek) thence up along the said creek to the line
of the tract of land called Little or Upper Nine Partners, thence east-
erly along the said line to the north east comer of lot Number One, (so
known and distinguished in the first division of the tract of land called
the Great or Lower Nine Partners) thence southerly in the line of that
tier of lots, to the most Southerly line of the aforesaid Great or Lower
Nine Partners, thence westerly along the line last mentioned to Hud-
sons river, and from thence up along the said river to the place of
beginning.
Chap. i6.J NINTH SESSION. 195
Andbeit further enacted by the authority aforesaid. That the freehold- Clinton
CIS and inhabitants of Clinton precinct aforesaid, shall have full power SJ^wlrsof
and authority to assemble and hold annual town-meetings within the Seehoid-
said precincts, and by a plurality of voices of the inhabitants so assem- *"' ®
bled to elect and chuse a supervisor, town clerk, assessors, and as many
constables and collectors as the inhabitants so assembled shall judge
necessary for the said precinct, and all other town officers incident to
other precincts in Dutchess county; which officers, when chosen, shall
respectively do, perform and execute the like duties and services, and
be liable to the same penalties as other persons in like offices in the
other precincts in the said county, by law are intended, ought to do, or
are liable to.
And be it enacted by the authority aforesaid. That the collectors of the Arrears of .
arrears of any taxes heretofore assessed in Charlotte and Rhynbeck aJSdtte
precincts respectively, in whose hands such tax lists now are, shall col- J2j|/^*^|f"
lect such- arrears of taxes as if Clinton precinct had not been erected. lection of"
And be it further enacted by the authority aforesaid. That the inhab- Clinton
itants of Clinton precinct shall hold their annual town meetings on the f^n'**''*
usual day by law prescribed for holding the town meetings in the other noeetingg
precincts in the said county; that the first annual town meeting shall be to'beheid.
held at the dwelling house of David Knapp in the sai<^ precinct, and
the annual town meetings thereafter, at such place in the said precinct
as the inhabitants shall by plurality of voices at their town-meetings
from time to time direct.
And be it further emu ted by the authority aforesaid, That such part of Charlotte
the precincts of Charlotte aforesaid as is not comprehended within the Slune"^^
limits of the precinct by this act designated by the name of Clinton, S6*W^ ^
shall hereafter be called and known by the name of Washington pre- ton? town
cinct, and that the inhabitants of Washington precinct shall hold their ™««^inga
first annual town meeting at the dwelling house of Samuel Herrick and
their annual town meetings thereafter at such place in the said precinct
as the inhabitants shall from time to time, by pluralty of voices, at their
town meetings in the said precinct direct.
And be it further enacted by the authority aforesaid^ That Rhynbeck Rhlnebeck
precinct shall contain all the lands formerly comprehended within the E^JStauf ite
limits and bounds of the said precinct, except the lands by this act com- ^^V^,f^
prehended in Clinton precinct, and shall retain all its former precinct ^ ^ ^'^^
privledges.
CHAP. 16.
AN ACT to appoint the place of holding the supreme court of
judicature of this State in April term 1786.
Passed the 21st of March, 1786.
Be it enacted by the People of the State of New York represented in April term.
Senate and Assembly and it is hereby encuted by the authority of the same iupreme*^*
That the supreme court of judicature of this State to be held on the J^V?,^^
third Tuesday of April one thousand seven hundred & eighty six New York
shall be held at the city hall of the city of New York any thing in the °*'y*
act entitled ''An act to appoint the place of holding the supreme court
<rf judicature of this State in future and to prolong the terms thereof
and for other purposes therein mentioned " to the contrary thereof not-
withstanding.
196 LAWS OF NEW YORK. [Chap. i8.
Process And be it further enacted by the authority aforesaid That all process
turnabie"at issued out of the said supreme court since January term last shall be
Sty ^^^^ deemed to be returnable at the city of New York notwithstanding the
same may have been made returnable at the city of Albany.
Sheriffs, Afid be it further enacted by the authority aforesaid^ That ever>' sheriff
account to ^0^0^^^^ ^^^ Other officer, who by the act entitled "An act for the better
court of levying and accounting for fines forfeitures issues, amerciaments and
fn A^i"or debts due to the people of this State " was to account for fines issues or
auLe^r""* amerciaments by him received or to be received yearly on the first day
option. of the term of July in every year to the court of exchequer may account
to the said court of exchequer on the first day of the term of April
yearly in every year or on of the said first day of the term of July at his
option, any thing in the aforesaid act to the contrary notwithstanding.
CHAP. 17.
AN ACT enabling James Barclay to become an auctioneer or
vendue master.
«
Passed the aist of March, 1786.
James Be it enacted by the people of the state of New Yorky represented in
n^be ap- •^'^'^/^ and Assembly^ and it is hereby enacted by the authority of the same^
pointed That it shall and may be lawful to and for the mayor of the city and
at Ne^^' county of New York, or in case of vacancy in the said office the recorder
York city; of the said city for the lime being, by licence under his hand to author-
taken, ize and empower James Barclay of the city of New York to act as a
vendue master, or auctioneer in the city and county of New York con-
formably to the act entitled ** An act for the regulation of sales by pub-
lic auction" passed the 20th February 1784. Provided cUways, that it
shall not be requisite for the said James Barclay to produce the certifi-
cate mentioned in the third enacting clause of the said act, but instead
thereof shall take and subscribe an oath of abjuration and allegiance
to the people of this State, to be administred by the said mayor or
recorder as the case may be.
CHAP. 18.
AN ACT for dividing the county of Washington into townships.
Passed the 23d of March, 1786.
Washing?- Be it enacted by the People of the State of New York, represented in
dTvlslon"^^ •5>«^/^ and Assembly, and it is hereby enacted by the authority of the same^
of, Into That all the lands comprehended with the following bounds, that. is to
townships, g^y^ beginning at the north east corner of the county of Albany, thence
Salem. running along the north line of the county of Albany, to the south east
corner of the township of Argyle, thence north along the east line
thereof to the north west comer of Turners patent, thence along the
north line thereof to the north east comer thereof, and thence east to
the county line, and thence southerly along the county line to the place
of beginning, shall be and hereby are erected into a town by the name
of Salem. And all the lands comprehended within the following
Chap. i8.] NINTH SESSION. 197
bounds, that is to say, beginning at the north east comer of the said Hebron,
town of Salem, and running thence northerly along the east line of the
county until it meets with an east line from the south east comer of a
tract of land formerly granted to Lieutenant Bym, thence west to the
east line of a tract of land called the Provincial Patent, thence south-
erly along the east line thereof and east line of the township of Argyle
to the north bounds of the said t0¥m of Salem, and thence easterly
along the same, to the place of beginning shall be and hereby are
erected into a town by the name of Hebron. And that all the lands QranviUo.
comprehended within the following bounds, that is to say, beginning at
the north east comer of the said town of Hebron and running thence
northerly along the east line of the county until it meets an east line
from the south east corner of a tract of land heretofore called Skeens-
borough thence west to the said tract heretofore called Skeensborough,
thence southerly along the east line thereof and the tracts called the
Artillery and Provincial Patents to the north west comer of the said
town of Hebron, and thence easterly along the same to the place of
beginning, shall be and hereby are erected into a town by the name of
Granville. And all the lands in the said county of Washington lying Hampton,
northward of the said town of Granville and easterly of the said tract
of land, heretofore called Skeensborough, and the north line of Skeens-
borough to Pultney river shall be and hereby are erected into a town by
the name of Hampton. All that tract of land heretofore called Skeens- Whitehall,
borough and all the lands between the said last mentioned tract of land
and the waters of East Bay, and all the lands between the said tract of land
heretofore called Greenfield, and the said tract heretofore called Skeens-
borough, shall be and hereby are erected into a town by the name of
White-HalL And all the lands comprehended within the following Argyle.
bounds, that is to say, beginning at the north west comer of the said
town of Salem and running thence north along the same to the place
of beginning, shall be and hereby are erected into a town by the name
of Argyle. And all that tract of land called Kingsbury, shall be and Kingsbury,
hereby is erected into a town by the name of Kingsbury. And all that
tract of land called Queensbury and all the lands on the west side Queens-
thereof and the east side of Hudsons river to a line to begin at the ^^^'
cast branch of Hudsons river and to run east so as to run one mile
north of Sabbath day Point on Lake George, and thence continuing
tut across Lake George to the cast bank thereof thence up along the
side of Lake George to the mouth of the creek running into the said
lake on the east side of where Fort George stood, and thence to the
north east comer of the said tract called Queensbury, shall be and
hereby are erected into a town by the name of Queensbury. And all Westfleid.
those tracts of land called the Artillery and Provincial patents, and all
the lands to the north thereof not included in either of the towns above
named, as far north as the north line of the said town of Queensbury
and continued east to South Bay, thence along the waters thereof to
the west line of the said tract heretofore called Skeenst^prough and
thence along the west line thereof to the north line of the said tract
called the Artillery patent, shall be and hereby are erected into a town
by the name of West field. And all the several tracts of patented lands Crown
lying on the west side of Lake Champlain, south of the township of ^<^*'*'-
Platts-burgh, north of the said towns of Queensbury and Westfield, and
east of unpatented lands, shall be and hereby are erected into a town
by the name of Crown-Point.
And be it further enacted by the authority aforesaid^ That the free- \^^^.^^
holders and inhabitants of each and every of the said towns for the time ere\nd in-
198 LAWS OF NEW YORK. [Chap. i8.
habitADts; being respectively, shall forever hereafter have full power and authority^
JSftcers to assemble together, and hold town meetings in their said respective
towns, on the first Tuesday of May in every year, and then and there to
elect and chuse one supervisor, one town clerk, three assessors, one col-
lector, one constable, two overseers of the poor, three commissioners of
high-ways, and so many overseers of the high-ways, fence viewers and
poundmasters for each town respectively as to the freeholders and
mhabitants of the same town so met, or the major part of them shall
seem necessary and convenient. And in case any of the officers so
chosen shall die, remove out of town, refuse, or become incapable to
serve before the next annual town meeting, then and in every such case,
from time to time when it shall be necessary, to elect and chuse others
in the room of such of them so refusing or becoming incapable to serve,
or dying or removing out of such town; and to assemble together, and
to hold town meetings for that purpose, which several officers when
chosen, shall be respectively vested with and have the same powers and
authorities, and be subject to the like rules, regulations and penalties,
as are by law allowed to, and prescribed for the like officers respectively
by law.
Towns to And be it further enacted by the authority aforesaid^ That the f ree-
privliegM* holders and inhabitants of each of the said towns respectively for the
as other time being shall have the same power and authority, to make bye-laws
the State, and regulations, and shall have and enjoy the like priviledges as the
freeholders and inhabitants of any town or district in'' this State, may
do, or are entitled to, by law.
Special And be it further enacted by the authority aforescud^ That whenever it
nieetiiiRs, ^^X ^^ necessary to hold a town meeting in either of the said towns for
howcaiieli. any of the purposes aforesaid, at any time between any of the said
annual town meetings, due notice thereof shall be given by any one jus-
tice of the peace residing in the said county in writing under his hand
specifying the time place and purpose of such town meeting, and fixed
up at four or more of the most public places in the same town at least
eight days before the time therein appointed for holding such town
meeting; and one of the justices of the peace for the time being, resid-
ing in or near each of the said towns respectively, within the county is
hereby directed and required to give such notice as aforesaid, whenever
it shall appear to him to be necessary to hold such town meeting, or he
shall be requested so to do, by twelve or more freeholders of the said
town.
Town And be it further enacted by the authority aforesaid^ That the first
whereheUL ^'^'^^ meeting in the said town of Westfield shall be held at the dwelling
house of Isaiah Bennet near Fort Ann; and in the said town of Crown-
Point, at the dwelling house of Robert Cochran at Crown Point; and in
each of the other towns at such places, as such meetings have heretofore
usually been held ; and that such town meetings shall thereafter be held
in each respective town at such place in each town respectively, as the
majority of Jhe freeholders and inhabitants of the same town, shall from
time to time at their town meeting direct and appoint.
Certain And be it further enacted by the authority aforesaid^ That all the
Annexed inhabitants within this State, to the north of the north bounds of Platts-
k) Piatts- burgh aforesaid, continued to the west bounds of the county of Wash-
"'*^ * ington, to the eastward of the said west-bounds, to the southward of the
north bounds of this State, and to the westward of Lake Champlain,
together with the inhabitants of the islands called Isle La-motte, Long
Island and Grand-Isle or Island, may meet and vote in every town
meeting to be held in and for the township of Plattsburgh in common
Chap. 20.] * NINTH SESSION. 199
with the inhabitants residing in the said township, until further legisla-
tive provision shall be made.
And be it further enacted by the authority aforesaid^ That it shall and Taxes, col-
may be lawful to and for the treasurer for the time being of the said l2SJl255'
county of Washington to prosecute and recover from all and every col-
lector in the said county all arrears of taxes by action of debt in his
own name and further that it shall be lawful for all and every of the
said collectors to collect and recover the said arrears in the same man-
ner as if this act had never been made.
CHAP* 19.
AN ACT for making public securities payable to the bearer.
Passed the 28th of March, 1786.
Be it enacted by the People of the State of New York represented in Pabiiose-
Senate and Assembly^ and it is hereby enacted by the authority of the samcy Sade pay-
That all notes, certificates or securities, given or issued in pursuance of gbie to
any law of this State and which are not negotiable, shall be, and hereby ^^^'
are declared to be negotiable after the passing of this act; and that the
monies due, or to become due on any such notes certificates or securi-
ties, and on any notes, certificates or securities originally issued and
made assignable in pursuance of any law of this State, shall hereafter
be payable to the bearer thereof^ any thing contained in such notes,
certificates or securities, or any law to the contrary in any wise notwith-
standing.
CHAP. 20.
AN ACT further to continue and amend an act entitled An act
for the appointment of an auditor and the settlement of the
public account of this State.
Passed the 38th of March, 1786.
Be it enacted by the People of the State of New York represented in Act recited
Senate and Assembly ^ and it is hereby enacted by the authority of the same JJ? JiJe f o*
That the act entitled "An act for the appointment of an auditor and the two years,
settlement of the public accounts of this State " shall be and hereby is
continued in full force and virtue to all intents and purposes until the
twenty third day of March which will be in the year of our Lord one
thousand seven hundred and eighty eight.
And be it further enacted by the authority aforesaid That the said Auditor,
auditor shall be allowed for his services in that station from the twenty S^,™ of.°**^
third day of March in this present year one thousand seven hundred and
eighty six at and after the rate of three hundred and fifty pounds per
annum during the continuance of this act to be paid in four equal quar-
terly payments.
200 LAWS OF NEW YORK. * [Chap. ax.
CHAP. 21.
AN ACT for the more effectual collection of the arrears of taxes.
Passed (he 31st of March, 1786.
Praambie. WHEREAS a considerable part of the arrears of taxes directed to be
collected by the act entitled '*An act to compel the payment of the
arrears of taxes for enforcing the pajrment of fines and amerciaments,
obliging sheriffs to give security for the due execution of their offices,
and for other purposes," passed the twenty sixth day of November in
the year of our Lord, one thousand seven hundred and eighty four, is
yet unpaid. And ufhereas a great proportion of the inhabitants of this
State, did, during part of the late war, receive certificates only, in com-
pensation for their personal services, and for the property taken from or
delivered by them for the' use of this State, and of the United States,
by means whereof many of the said inhabitants are rendered incapable
to discharge such of the taxes imposed on them as were made payable
in specie. And whereas the time prescribed by the said act for collect-
ing the said arrears is expired — therefore.
Arrears of Be it enacted by the People of the State of New York represented in
MtyaS)ieT[t? ^^^^^^ ^^ Assembly and it is hereby enacted by the authority of the same,
certifloat68 That it shall and may be lawful to and for all and every person or persons
wiffii^ntime chargeable with the payment of any such arrears to pay the same at any
Bpecifled time on or before the first day of October next in any certificates or other
securities specified in the fifth section of the act entitled an act for the
speedy sale of the confiscated and forfeited estates within this State and
for other purposes therein mentioned, or in certificates issued or to be
issued by the treasurer of this State, but no computation or allowance
shall be made for interest on any such certificates in the said payments,
and it is hereby made the duty of the collectors respectively to collect
and receive the same.
Arrears of And be it further enacted by the authority aforesaid Thall* all arrears of
£%^ooo, to *^^ ^^^ ^^ ^^ ^^^ imposed by the "Act fof raising ^^100,000 within the
be paid io several counties therein mentioned passed May 6th 1784" shall be col-
specie, lected in gold and silver money only, and the monies so collected shall
be paid into the hands of the treasurers of the counties respectively
wherein the same shall be collected and shall be appropriated to the use
of the said counties respectively as the supervisors thereof shall direct,
PioTiso; provided nevertheless, that it shall and may be lawful for the said treas-
oouDty urers respectively and they are hereby required to apply so much of the
mayriay said arrears so to be collected to the purchase of any of the public
fnto trea? securities designated in the first '":lause of this act as shall amount in
ury of nominal specie value exclusive of interest, to the amount of the arrears
^^^' due from the county whereof he is treasurer and to pay the securities
so purchased into the treasury of this State on or before the first day of
October next in discharge ot such arrears any thing in this or any other
act to the contrary hereof notwithstanding.
Arrears And be it further enacted by the authority aforesaid^ That all such part
brNoTem* ^^ ^^ ^^^^ arrears as shall not be paid to the treasurer of this State on
ber 1, to be or before the first day of November next shall be collected and paid in
Specie? gold or silver coin, and shall be collected and recovered in the manner
directed in and by the said act, entitled "An act to compel the payment
of the arrears of taxes, for enforcing the payment of fines and amercia-
* So in orieinal.
Chap. 21.] NINTH SESSION. 201
ments obliging sheriffs to give security for the due execution of their
offices and for other purposes," and shall be paid to the treasurer of
this State on or before the first day of January next — And all and
every the assessors, collectors, supervisors, treasurers and justices in the
same act maintained shall be and hereby are respectively vested with
all the powers and authorities, and made subject to all the penalties and
forfeitures in the same last mentioned act prescribed.
And be it further enacted by the authority aforesaid^ That in case any Vacancy in
county treasurer shall die, remove from the county or become incapable county
or refuse to execute his office, it shall and may be lawful to and for the treasurer,
supervisors of the county and they are hereby required to appoint
another treasurer in the place of him so dying, removing or becoming
incapable or refusing to execute the said o^ce, and if any supervisor or
supervisors of any county shall neglect or refuse to perform any of the
duties required of them by the said act or by this act, he and they so
neglecting or refusing shall forfeit and pay to the people of this State
the sum of .five hundred pounds to be recovered by the treasurer for the
use of the people of this State by action of debt in any court of record.
And be it further enacted by the authority aforesaid^ That if any Penalty
treasurer of any county shall neglect or refuse to perform any of the by^^tlreMT'*
duties required of him by the said act or by this act, such county treas- urer.
urer shall for every month he shall so neglect or refuse forfeit and pay
to the people of this State the sum of two hundred pounds to be
recovered by the treasurer of this State for the use of the people of
this State by action of debt in any court of record.
And be it further enacted by the authority aforesaid^ That all monies ^"S
which have been paid or shall be paid in gold or silver to the collector paw in
of any town manor district or precinct shall be paid to the treasurer of JP®®^?' ^
the county in gold or silver only and that all monies which now are or counted
hereafter shall be received by any county treasurer in gold or silver J^p©.
shall be paid to the treasurer of this State in gold or silver only and the
county treasurers shall examine the respective collectors their executors
or administrators under oath as to the sum by such collector received
of the said taxes in gold and silver and any of the judges of the infer-
ior courts of common pleas shall examine the treasurers of the respec-
tive counties in which they are judges, their executors or administrators
as to the sum by such treasurer received in gold or silver and give a
certificate of such examination to such county treasurer, his executors
or administrators, specifying the amount of the sum so received by him
in gold or silver which certificate shall be filed with the treasurer of
this State.
Atid be it further enacted by the authority aforesaid^ That all suits Actions for
already commenced, or which may hereafter be commenced, for any SSmiss^
penalties already incurred "by virtue of the act herein before recited
passed on the 26th day of November 1784 against any county treasurer,
supervisor, assessor or collector, shall be and hereby are discharged, any
thing in the said act to the contrary hereof notwithstanding, provided Proviso;
always^ that the defendant in every such suit shall be and hereby is ^^^^^
required to pay all costs and charges which have attended any suit so «<>«<»•
commenced.
And be it further enacted by the authority aforesaid^ That the taxes Taxes as-
heretofore assessed on the districts of Skeensborough, Kingsbury, ^Jfain ^
Queensbury, Fort Edward, Fort Miller and Granville in the county o^j^jjjjj^*
MTashington (other than district or county taxes) shall be and hereby
are remitted, any thing in this or any other law to the contrary hereof
notwithstanding.
Vol. 2. — 26
202 LAWS OF NEW YORK. [Chap. 22.
CHAP. 22.
AN ACT for the relief of insolvent debtors with respect to the
imprisonment of their persons.
Passed the 31st of March, 1786.
PenoDs In Be it enacUa by the People of the State of New York represented in
ment°oD Senate and Assembly and it is hereby enacted by the authority of the same^
c*v" PJ^ That all and every person and persons now confined in any goal within
discharged, this State upon execution or upon any ottier writ or process or by virtue
of any judgment or order of any court of record or warrant from any
justice of the peace for any debt or debts or sum or sums of money or
fine or fines or forfeiture or forfeitures not exceeding in the whole the
sum of fifteen pounds exclusive of costs shall be discharged from such
imprisonment: and the sheriff, goaler, or keeper of the goal in which
any such person is confined as aforesaid shall upon notice of this act
discharge such person out of custody if detained for such debt, sum of
money, fine or forfeiture and for no other cause: and no such sheriff or
goaler shall be liable to any action of escape or other suit or informa-
tion upon account thereof: and if any action suit or information shall
be brought or exhibited against any such sheriff or goaler for or on
account of such discharge, such sheriff or goaler may plead the general
issue and give this act in evidence and if the plaintiff be non suited, or
discontinue his or her aclion or a judgment be given against him or her
upon a verdict or demurrer the defendant shall have treble costs.
Penons And be it further enacted by the authority aforesaid^ That no person dis-
nS?toSr* charged from imprisonment by virtue of this act shall at any time there-
•gain ar- after be imprisoned for the same cause and if any such person so dis-
£S^ '°' charged shall be arrested for the same cause it shall be lawful for any
cause. judge of the court out of which the process issues to discharge such
person out of custody, so as such person do give a warrant to some
attorney of the same court to appear and plead to such action.
Judgment Provided always^ and be it further enacted by the authority aforesaid^
a'lieu'*'*"* That notwithstanding such discharge all and every debt and demand
against against such person so discharged and all and every judgment and
anSfnew decree had or obtained against him or her, shall stand and be good and
execution effectual in law to all intents and purposes against the lands, tenements,
may ue. j^^^editaments, goods and chattels of such person so discharged which
he or she or any person or persons for him or her hath at the time of
such discharge, or at any time thereafter may have, or be in any wise
seised or possessed of or entitled to either in law or equity except the
necessary wearing apparel and bedding of such person and of his wife
and children: and it shall and may be lawful for any creditor of such
person so discharged and at whose suit such person is now confined,
and for the executors or administrators of such creditor to take out a
new execution against the lands, tenements, hereditaments, goods and
chattels of such person so discharged, except as before excepted, for
the satisfaction of his or her debt in such sort manner and form as he
or she might have done if such person had never been taken in exetion :
and in case no judgment is obtained against such person so discharged
by such creditor, then it shall be lawful for such creditor to continue or
prosecute his or her action to judgment, and to take out execution as
aforesaid against the lands, tenements, hereditaments, goods and chat-
tels of such person so discharged, except as before excepted, for the
Chap. 23.] NINTH SESSION. 203
satisfaction of his or her debt or damages and costs of suit ; but the
person of such debtor so discharged shall not be imprisoned for the
same debt or debts, sum or sums of money, fine or fines, forfeiture or
forfeitures, for which he or she is now confined, or any or either of
them.
And be it further enacted by the authority aforesaid That this act shall Act ex-
extend to all debts sums of money, fines and forfeitures due to the J^StS^ ^
people of this State. flne*. etc..
^ ^ due the
' State.
CHAP. 23.
AN ACT for the collection and commutation of quit rents.
Passed the ist of April, 1786.
Be it enacted by the People of the State of New York represented in Angara of
Senate and Assembly and it is hereby enacted by the authority of the same^ may's*'
That in all cases where any person or persons being citizens of this g»*dincep-
State, or of any of the United States, is or are or shall be seised of any *^*'^
lands or tenements in this State, charged with the payment of quit rent,
it shall and may be lawful to and for such person and persons, at any
time on or before the first day of January next to pay to the treasurer
of this State for the time being for the use of the people of this State,
all the arrears of such quit rent then due, in any public securities
receivable in payment on sales of confiscated estates or in any other
securities or certificates issued or to be issued by the treasurer of this
State, and at the same rate such securities and certificates are receiva-
ble in payment for confiscated estates: But no quit rent which Airean
accrued between the twenty ninth day of September, one thousand seven nMned*^
hundred and seventy five and the twenty ninth day of September, one remitted,
thousand seven^undred and eighty three, shall be demanded or exacted
from any such person or persons.
And be it further enacted by the authority aforesaid^ That it shall and Commut*-
may be lawful to and for all and every person and persons being citi- quit rent,
2ens of this State, or of any of the United States, who is, are, or shall be w^^*?****
seised of any lands or tenements in this State, charged with an annual ^ '*°*
quit rent, to commute for the same by paying fourteen shillings for every
shilling of such annual quit rent, at any time on or before the first day
of May one thousand seven hundred and eighty seven in such public
securities or certificates as aforesaid, to the treasurer of this State for
the time being, for the use of the people of this State; and the said
treasurer shall upon such payment give the person making such pay-
ment a receipt or certificate expressing the sum paid, the annual quit
rent in lieu or discharge of which the same is paid and the land on
which the same annual quit rent was charged or reserved, and shall
enter the same receipt or certificate in a book by him to be kept for that
purpose: Which receipt or certificate or the entry thereof shall be a
good discharge of such quit rent for ever.
And be it further enacted by the authority aforesaid That where there id., where
are or shall be several owners or proprietors of any tract of land wded^*'
chargeable with quit rent and which shall have been divided into as *™*^K
many shares as there were original proprietors in the grant, it shsfll and SrSnai
may be lawful to and for any original proprietor or his or their legal prop^etort
representative to pay the proportion of such share in manner directed
in the first clause of this act, and to commute for the future quit rents
204 LAWS OF NEW YORK. [Chap. 23.
of such share in manner directed by the second clause of this act,
proinded that such payment and commuting shall be on or before the
first day of January next.
Id., by And be it further enacted by the authority aforesaid That it shall and
aliens. j^^^y ^^ lawful to and for all and every person or persons not being citi-
^ zens of this State or any of the United States who is or are seised of
any lands or tenements in this State charged with an annual quit rent
to commute for the same by paying fourteen shillings in gold or silver
for every shilling. of such annual quit rent at any time on or before
the first day of January 1788, to the said treasurer for the use of the
people of this State, and the said treasurer shall give a like certificate
and enter the same as directed in the next preceeding clause.
Id., where And be it further enacted by the authority aforesaid That where, in the
tein'kfnd.'* g^ant or patent of any lands or tenements in this State the reservation
and not In is in kind, and not in money, the value thereof shall be estimated
money. according to the accounts of the receiver general of the late colony
now State of New York; and in cases where no such estimation has
been had by the receiver general, or that his books and accounts shall
not be found, it shall and may be lawful for the treasurer of the State
for the time being to settle the accounts of such quit rents expressed in
kind as aforesaid, according to equity and good conscience.
Quit rents And be it further enacted by the authority aforesaid That all quit
tobe patd* rents now due and to become due from any person or persons not citi-
in specie: zens of this State, or of any of the United States, shall be paid in gold
zens after or silver coin : And all quit rents now due and to become due from
day fixed, any person or persons being citizens of this State or of any of the
United States, and which shall not be paid on or before the said first
day of January next, shall also be paid in gold ot silver coin only.
Quit rent And be it further enacted by the authority aforesaid That whenever
for"thre? there shall be three years quit rent due and In arrear upon any grant or
years, sale patent for lands in this State, or upon any lands contained in such grant
«ati8?yi* ^ or patent, it shall and may be lawful for the treasurer of this State for the
Droceed- time being and he is hereby required to give notice in two or more of
the public news papers printed in this State (which public notice shall
be so continued for three months at the least) that if the owners or
proprietors of such lands, do not within twelve months after the date
of such public notice, pay the arrears of quit rent, due for such lands,
with the charge of such notices to the treasurer of this State for the
time being, then so much of the said lands will be sold at public ven-
due, as will pay the same with the charges of such notices and sale.
And such notice so to be given as aforesaid shall express to whom the
grant or patent was originally made ; the date thereof, and th^ sum due
thereby to the last day of payment preceeding such notice, as far as the
same does appear from accounts of quit rents in the books of the said
iate receiver general or the accounts of the said treasurer : And upon
the failure of payment of the said quit rent and charges of such notices
as aforesaid, it shall and may be lawful for the treasurer of this State
for the time being, and he is hereby required by himself or his attorney,
or the attorney general of this State, to apply to the junior justice of
the supreme court of judicature of this State for the time being, who
is hereby authorized and required as justice of the court of exchequer
for this State, to cause an advertisement to be published in one of the
public news-papers printed in the city of New York, notifying all per-
sons interested in such lands, to appear before him on such day, and at
such place, as he shall therein appoint, not less than thirty, nor more
than forty days thereafter, to shew cause if any he, she, or they hath or
Chap. 23.] NINTH SESSION. 205
have, why so much of the said lands shall not be sold as will satisfy and
pay the said quit rent, with the charge of such notices : And in case
no person shall appear at the time and place so appointed, either in
person or by attorney ; or if any person or persons shdl appear at such
time and place the said justice shall hear the party or parties so appear-
ing in a summary way, and shall thereupon certify under his hand, the
sura due for quit rent on the said lands, together with the charges of
the said notices, and the process to issue thereon : And shall then issue
process, under his seal, directed to the sheriff of the county where the
said lands lie, commanding such sheriff within sixty days after the teste
of such process (which shall be in the name of the people of this State,
and tested in the name of the said justice on the day of the date of
such certificate) to sell at public vendue to the best bidder, so much of
the said lands, as will pay the sum so certified .to be due for quit rent
and charges as aforesaid, and the further incidental charges thereon,
and to pay the same monies so certified to be due for quit rent and
charges, to the treasurer of this .State within sixty days after such sale.
And every such sheriff to whom any such process shall be directed is
hereby empowered and required within six days after the receipt of
such process to cause advertisements to be affixed on the court house
and three or more of the most public places in the county where the
lands lie, that on such day (which shall not exceed fifty nor be less
than thirty days after the date of such advertisement) so much of the
said lands will be sold at public vendue at the said court house to the
best bidder, as will pay the sum mentioned in the said process and the
charges of advertisement, sale, survey and conveyance thereof. And
upon the day appointed for such sale as is before directed, the same sale
shall be made at the court house of the county in which the lands lie,
between the hours of nine of the o'clock in the forenoon and two of
the clock in the afternoon : And at the time of such sale such person
or persons as will accept of the least quantity of land to pay the sum
mentioned in the said process and all charges, which such sheriff shall
then make a true account of, as far as can be then ascertained, shall be
deemed the best bidder. And upon such sale such sheriff shall cause
such land so sold to be surveyed and ^hall then upon the receipt of the
purchase money ; make, sign, seal, and deliver deeds and conveyances
thereof to the purchaser or purchasers thereof : Which deeds and con-
veyances so made and executed shall be and are by virtue of this act
declared to be a good, valid and sufficient title, both in law and equity,
to all intents and purposes whatsoever ; and the purchaser and purchasers
of lands by virtue of this act, and their respective heirs and assigns shall
be hereby severally vested in and intitled to an estate in fee simple of and
in all and every part of the said lands tenements and hereditaments so
by him her or them purchased by virtue of this act: Provided always
that the lands so to be sold by virtue of and in pursuance of this act,
shall be surveyed and laid out in one entire piece, and at one side or
end of the tract out of which the same shall be sold ; and shall always
be of the unimproved land, if there shall be so much thereof unimproved
in one piece, Provided also that in any county in which there shall not
be a court house at the time of such advertisement and sale, the adver-
tisement shall be affixed and the sale shall be at the place where the
then last inferior court of common pleas was held. And provided further^
that no such sale shall be made, until after the first day of January next.
And he it further enacted by the authority aforesaid That every sherifif Sheriff,
to whom any such process shall be directed and delivered, shall before takenby.
he proceeds to execute the same, take an oath to be administered to him
206 LAWS OF NEW YORK. [Chap. 23.
in the words following, to wit; You shall well, truly, faith-
fully, and honestly discharge the trust reposed in you by virtue of an
act entitled "An act for the collection and commutation of quit rents ''
according to the best of your skill and understanding. Which oath any
justice of the peace is hereby authorized and required to administer,
and to give a certificate thereof to the said sheriff who shall file the
same with the clerk of the county in which the lands lie.
Sheriff to And be it further enacted by the authority aforesaid That the respective
?ormonies sheriffs to whom any such process shall be directed and delivered, shall
received after the delivery of such deeds and conveyances as aforesaid, and
com^nsa- within sixty days after such sale, pay to the treasurer of this State for
tion. the time being, the sum so certified by such justice of the supreme court
and mentioned in such process to be due for quit rent on the said lands,
and for charges as aforesaid. And it shall and may be lawfull for such
sheriff to retain for his own trouble and the other charges attending
such sale, so much as the justices of the peace of the same county where
the lands lie in their general sessions, shall allow and certify to be due
for the same; and shall return the surplus of the monies if any there be,
to the person or persons to whom the lands so sold did belong immedi-
ately before such sale; or if he, she, or they cannot be found then such
sheriff shall deliver such overplus monies to the said treasurer, who is
hereby required to receive and apply the same from time to time, to the
payment of the quit rent that shall become due thereafter from such
person or persons: And the said sheriff shall at the same time deliver
to the treasurer a full and just account of the monies arising from such
sale, and of the application of the same.
Undivided And be it further enacted by the authority aforesaid That where there
ic^^payinff ^^^ ^^ ^^^^^ ^^ several owners or proprietors of any tract of land charge-
quit rent able with quit rent, it shall and may be lawful for any or either of such
^vef of owners or proprietors to pay his, her, or their proportionable part of
Joint own- such quit rent ; and in such case no part of the lands of such person or
persons so paying shall be liable to be sold by virtue of this act; and in
such case if such lands shall be undivided, then such part of the undi-
vided shares of the persons who have not paid, shall be sold as will be
sufficient to pay the said quit rent and charges.
Id., where And be it further enacted by the authority aforesaid^ That where there
omfof^Bev- ^^^ ^^ ^^^ be several owners or proprietors of any tract of land charge-
«rai owners able with quit rent, and the lands of one or more of them shall be sold by
witisfy*^ virtue of this act for payment of the quit rent due upon the whole tract, it
quit rent, shall and may be lawful for the person and persons whose lands shall be so
sold to recover from the other owners or proprietors of such tract, such
part of the monies for which the same land shall be sold, as such other
owners or proprietors ought to have paid, together with interest and costs.
Quit rent And be it further enacted by the authority aforesaid That no purchaser
on°forfeit- ^^ forfeited estates shall be liable to pay quit rents for any lands pur-
ed estate chased or to be purchased by him or her, but the same and all the arrear-
***^* ages thereof shall be and are hereby forever remitted.
Sterling And be it further enacted by the authority aforesaid That all quit rents
fam£ion reserved in sterling money shall be computed at and after the rate of
money, one hundred and seventy five pounds lawful money of this State for
puted?™" every one hundred pounds sterling money aforesaid ; and that all quit
rents reserved in proclamation money, shall be considered as current
money of this State.
And whereas many of the inhabitants of this State have been driven
from their habitations by the incursions of the enemy and thereby have
been greatly distressed, therefore
Chap. 24.] NINTH SESSION. 207
Be it enacted by the authority aforesaid That any person or persons Where
having been so driven off as aforesaid, shall be exempted from paying Srfven*
any arrears of quit rents now due and which are required to be paid bj*?nemy*
by this act for so much land and was included in the farm whereon rent remfc
they actually resided and from which they were driven as aforesaid /r^- ^^^
vided such farm does not contain more than one hundred & fifty acres.
And provided that any person claiming such exemption shall produce a Proviso;
certificate signed by one of the judges of the inferior court of the county to^S^J?"
wherein such person resides specifying that he or she was obliged to duoed.
quit his or her farm on account of the war, and also specifying the
number of acres contained in such farm.
CHAP. 24.
AN ACT for relief against absconding and absent debtors.
Passed the 4th of April, 1786.
Whereas divers persons, being indebted within this State, and having Preamble.
estates or effects in the same, with design to defraud their creditors of
their just dues, do secretly depart the State and procure their estates
and effects, or the value thereof, to be remitted to them, or conceal
themselves within the State in order to elude the service of the ordi-
nary process of the law ot to bring their creditors to an unreasonable
composition, for remedy whereof.
Be it enacted by the People of the State of New Yorky represented in Abscond-
Senate and Assembly ^ and it is hereby enacted by the authority of the same^ conoefled
That from and after the passing of this act, whensoever it shall happen, **®^'^"'
that any person or persons whomsoever, being indebted within this meDto'
State, shall either secretly depart this State, or keep concealed within *f5*°^y
the same, any one creditor, or joint company whose debt or demand is of, how
due to them jointly, to whom such absconding or concealed person or JofsaiMl!'^
persons is or are indebted in the sum of forty founds or upwards, or
any two to whom he she or they is or are indebted in the sum of sixty
pounds or upwards or any three to whom he she or they is or are
indebted in the sum of eighty pounds or upwards^ ovei: and above all
discounts, may make application to the judges of the supreme court of
this State for the time being, or any one of them, and make affidavit or
affirmation in writing, in cases where by law an affirmation is allowed,
that the said absconded or concealed person or persons is or are
indebted .to him her or them in the sum in one of the sums* herein before
mentioned, or in any sum exceeding the said sum hereinbefore men-
tioned in any of the cases aforesaid over and above all discounts and
that he she or they, do verily believe that the said absconding or con
cealed person or persons, is or are, either departed the State or concealed
within It with intent and design to defraud him her or them, and other
creditors if any such there be, of their just dues, or to avoid being
arrested by the ordinary process of law, which departure or conceal-
ment shall also be proved to the satisfaction of such judge or judges by
two credible witnesses, and on such affidavit or affirmation and such
other proof made, the said judge or judges or any one of them, hereby
is, and are fully impowered, authorized and required forthwith to issue
* So in orifi^inal.
208 LAWS OF NEW YORK. [Chap. 24,
his or their warrant or warrants to the sheriff of the city or county, which
contains the last usual place of residence of such absconding or con-
cealed person or persons, or to the sheriff or sheriffs of any or every
other city or county within this State, commanding such sheriff or sheriffs
respectively to attach, seize, take and safely keep, all the estate as well
real as personal of the said absconding or concealed person or persons,
of what kind or nature soever, and every or any part or parcel thereof
in whatever part of his bailiwick they can be found, with all evidences,
books of accounts, vouchers and papers relating thereto, which warrant
or warrants, the sheriff or sheriffs respectively, to whom the same shall
be directed and delivered, are hereby required well and truly to execute,
and with the assistance of two substantial freeholders, forthwith to make
a just and true inventory of all such estate and effects as he shall seize
and take by virtue thereof and to return the same, signed by himself
and the said two freeholders to such judge or judges who issued the
warrant or warrants for taking and seizing thereof.
Notice to And be it further enacted by the authority aforesaid^ That such judge
per8on*to* or judges who shall issue such warrant or warrants shall immediately
g»i>»^ thereafter, order notice to be given in two of the public news papers
printed in this State, one of which to be printed in the city of New
York, that on application to him or them made by a creditor or credit-
ors, as the case may be, of such absconding or concealed person or
persons, he has directed all his her or their estates, real and personal
within this State to be seized, and that unless he she or they, by name,
so absconding or concealed, return and discharge his her or their debt
or debts within three months after such public notice given, all his her
or their estates, real and personal will be sold for the payment and satis-
faction of his, her or their creditors.
Perishable And be it further enacted by the authority aforesaid^ That in case any
seized to sheriff or sheriffs shall by virtue of any warrant or warrants to be issued
be sold, in pursuance of this act, seize and take any perishable goods or chattels,*
it shall and may be lawful for the judge or judges who issued such war-
rant or warrants at his or their discretion, to order the sale of such
perishable goods and chattels, and the monies arising thereby, to be
delivered and paid to the trustees who shall be appointed in pursuance
of the directions of this act.
Where And be it further enacted by the autJwrity aforesaid^ That if any sheriff
Seized are ^^^ ^7 virtue of any warrant or warrants to be issued in pursuance of
claimed this act, through ignorance or want of proper information seize and
proceed^ take any goods chattels or effects, which shall and may be claimed or
temiine*^^ challenged by any person or persons as his her or their property, it shall
title. and may be lawful for such sheriff thereupon to summon and swear a
jury to enquire into and try the right and property thereof, and if such
jury shall upon such inquest find the right and property of such goods
chattels or effects, to be in the person or persons so claiming the same,
or in any other than the person or persons against whose effects or estate
such warrant or warrants did issue, such sheriff shall forthwith after
such inquisition had and taken, deliver such goods chattels and effects
to the person or persons in whom the property thereof shall be so found,
or to his her or their agent attorney or assigns, and such sheriff shall
not be liable to any suit or prosecution for his having seized and taken
such goods chattels or effects, so seized and taken through ignorance or
for want of proper information; and all reasonable charges arising by
the sale of such perishable goods or chattels or by such inquest as
aforesaid, shall be Allowed and certified by the judge or judges who
• issued such warrant, and paid out of the estate or affects of the ab-
Chap. 24,] NINTH SESSION. 209
sconding or concealed person or persons against whose estate and effects
such warrant issued, if the property of such goods chattels or effects so
claimed shall by such inquisition be found to be in any other than the
person or persons against whose estate or effects such warrant issued ;
but if the property of the goods chattels or effects so claimed, shall by
such inquisition be found to be in the person or persons, against whose
estate or effects such warrant of attachment did issue, then all costs
charges and expences accrued or ansing, by such claim and inquisition,
or either of them shall be paid by the person or persons who' claimed
the same or applied for an inquisition to be had, or occasioned the
same to be had and taken.
And be it further enacted by the authority aforesaid^ That if any per- Penons
son or persons, indebted to any such absconding or concealed person ^^2^^^
or persons, or having the custody or possession of any effects or other sbtooiM&iig
thing or things whatsoever of any such absconding or concealed person hfs*order
or persons, shall after such first public notice as aforesaid given, pay afterDottoe
any debt or demand or deliver any such effects or other thing or things Seemed to
whatsoever, to any such absconding or concealed person or persons, or ^Ji^^JJ?'^
his her or their attorney agents factors or assigns, the person or persons lentiy.
so paying any such debt or demand or delivering such effects or other
thing or things whatsoever, shall be deemed to have paid or delivered
the same fraudulently, and is and are hereby made liable to answer the
same, or the amount or value thereof to such trustees or the survivor of
them, as shall by virtue of this act, be appointed to receive and dis-
tribute the estate and effects of such absconding or concealed person
or persons, towards the payment and satisfaction of his her or their
creditors, and if any person or persons, indebted to or having the cus-
tody or possession of any effects, or other thing or things whatsoever,
of any absconding or consealed debtor or debtors, shall after such pub-
lic notice as aforesaid given, be sued by him her or them, or by his her
or their order, attorney or procurement for any such debt or debts,
duty demand effects or- thing, he she or they so sued may plead the gen-
eral issue, and give this act and the special matter in evidence. ,
And be it further enacted by the authority aforesaid^ That all sales sales and
and conveyances of the estates lands goods chattels or effects of such ^J^^"
absconding or concealed person or persons and all assignments of any absooiuUng
promisary note, bill of exchange, security, or chose in action to him her ^tenfotloe
or them, due or belonging, made by him her or them after such public 5"**,"555**'
notice as aforesaid given, and all letters of attorney by him her or them vofd.
for selling any estate or effects, or collecting any debts or demands
whether made after or before such first public notice as aforesaid given,
shall be null and void to all intents constructions and purposes what-
soever as to all acts done or to be done, after such first public notice
given, any law usage or custom to the contrary notwithstanding.
And be it further enacted by the authority aforesaid^ That if any per- Proceed-
son or persons against whose estate or effects, such warrant or warrants ^^^^,^
of attachment as aforesaid shall have issued, shall at any time before tachment,
the appointment of trustees for all the creditors of such debtor orS^^^m^g
debtors be made, either by him her or them or by his her or their attor- debtor
ney or agent by petition to the judge or judges who issued such warrant, *pp®*"
offer to prove to the court of which he or they is or are judge or judges,
in open court that he she or they against whose estate or effects such
warrant or warrants issued^ is or are resident within this State and were
not, at the time such warrant issued, nor within thirty days preceding
nor at any time after, and is or are not then absconding or concealed
and thereby pray that the same may be heard and determined at the then
Vol. 2. — 27.
210 LAWS OF NEW YORK. [Chap. 24.
next term of such court, and shall and do at the same time execute and
deliver to the creditor or creditors who applied for and obtained such
warrant or warrants of attachment a bond with good and sufficient secu-
rity to be approved of by the said judge or judges in the sura of forty
pounds binding the obligors jointly and severally with a condition that
if such person or persons by name against whose estate or effects such
warrant or warrants issued, do not prove to the said court at the then
hext term, that he she or they, is or are resident in this State and were
not at the time such warrant or warrants issued, nor within thirty days
preceding the issuing thereof nor at any time after, and is or are not
absconding or concealed, then such bond or obligation to be void, other-
wise to remain in full force and virtue, then and in every such case, the
judge or judges who issued such warrant or warrants shall report his or
their proceedings in the premises to the court whereof he or they is or
are judge or judges at the next term thereof which court is hereby
authorized and empowered to compel the parties and their witnesses to
come into court, and hear the proofs and allegations of the parties and
their witnesses in a summary way, and thereupon to determine whether
the matters and things in such petition have been fully proved and sup-
ported, and if such court shall adjudge and determine that the matters
and things contained in such petition have been fully and satisfactorily
proved and supported, then such court shall grant a supersedeas to such
warrant or warrants, and the person or persons against whose estate or
effects such warrant or warrants did issue, shall recover his her or their
costs to be taxed by the said court in open court, of the creditor or creditors
who procured such warrant or warrants of attachment to be issued ; but if
the said court shall judge and determine that the matters and things in
such petition mentioned have not been fully and satisfactorily supported
and proved to the said court, then the person or persons to whom such
bond as aforesaid shall have been given, his her or their executors or
administrators shall recover the penalty or sum of such bond together
with costs of suit by action of debt, bill, plaint or otherwise, in any court
of record within this State: The one moiety of such penalty or sum to
the use of the obligee or obligees his her or their executors, administra-
tors, or assigns ; and the other moiety thereof when recovered and
received to be paid to such trustees or the survivor of them as shall be
appointed to manage and distribute the estate and effects for seizing
whereof such warrant or warrants issued; to be by such trustees or the
survivor of them disposed of and distributed in like manner as all other
monies that may come to their hands by virtue of their appointment as
trustees, are directed to be disposed of by virtue of this act.
Trustees of And be it further enacted by the authority aforesaid^ That if such
ofaKcond- absconding or concealed person or persons do not return within three
ioflr debtor, months next after such public notice as aforesaid given, and discharge
mint of! his her or their debt or debts, or otherwise compound with or satisfy his
her or their creditors not having presented such petition and given such
bond as aforesaid; or if such absconding or concealed person or per-
sons shall have presented such petition and the court shall have adjudged
and determined that the matters and things in such petition mentioned
have not been fully and satisfactorily supported and proved, or shall
have refused to grant a supersedeas to such warrant or warrants, that
then and in either such case, it shall and may be lawful for the judge or
judges who issued the warrant of attachment, or the judges of the same
court for the time being or any one of them to nominate and appoint
three or more fit persons to be trustees for all the creditors of such
absconding or concealed person or persons, which trustees shall take an
Chap. 24. J NINTH SESSION. , 211
oath or affirmation as the case may be, well and truly to execute the
trust by that appointment reposed in them according to the best of their
skill and understanding; which oath or affirmation the judge or judges
appointing the said trustees is and are hereby required to administer.
And be it further enacted by the authority aforesaid, That the said Trustees,
trustees or any two of them, when so as aforesaid appointed, shall asg^p^^.^
soon as may be thereafter, cause public notice to be given in two of the iished by.
news papers printed in this State, one of which to be printed in the
city of New York, of such their appointment and thereby require all
persons indebted to such absconding or concealed person or persons, by
a day certain to be appointed by them in their said notice, to pay all
such sum or sums of money or other debt, duty or thing, which they
owe to such absconding or concealed person or persons, and deliver all
effects of such absconding or concealed person or persons, which he she
or they may have in his her or their hands power or custody, to them
the said trustees; and that the said trustees shall also by public adver-
tizement in two of the said news papers, desire all the creditors of such
absconding or concealed person or persons by a certain time in such
advertizement to be mentioned to deliver to the said trustees, or any
one or more of them their respective accounts and demands against
such absconding or concealed debtor or debtors.
And be it further enacted by the authority aforesaid. That such trustees Trustees
and each and every of them, when so nominated and appointed under po^J^ion
the hand and seal, or hands and seals of the said judges, or any one of ^^'fu^®***
therli, hereby is and are fully authorized and impowered to take into propertrof
their hands all the estate of such absconding or concealed person or Je^r. '^
persons, for the management of whose estate or effects they were
appointed, and every part and parcel thereof that shall have been seized
as aforesaid, and all other his her or their estate and effects, which they
the said trustees may afterwards discover in any part of this State, and
all evidences, books of accounts, vouchers and papers relating thereto,
and such trustees, immediately after their appointment, shall be, and
hereby are declared to be vested with all the estate real and personal of
such absconding or concealed person or persons for the management
of whose estate they were appointed, and they and the survivors and
survivor of them is and are hereby enabled and made capable, to sue for,
recover, and feceive all such estate as well real as personal, debts, dues,
effects or other thing or things whatsoever, as they shall find due, pay-
able or belonging to, such absconding or concealed person or persons,
and such sheriff or sheriffs as shall have seized attached or taken any
estate real or personal, or any other matter or thing whatsoever by
virtue of any such warrant or warrants as aforesaid, shall deliver the
same to such trustees or one of them, and such trustees and the survi-
vors and survivor of them is and are hereby authorized and directed, to
make sale by public vendue of all such estates and effects of such
absconding or concealed person or persons as shall come to their hands
(after fourteen days notice of each time and place of sale respectively)
and of all estate and interest which such absconding or concealed person
or persons had in the same, and deeds and releases, bills of sale or other
conveyances for the same, or any part or parcel thereof from time to time
to make and execute, which being- so made and executed, by them or
any two of them or the survivor of them for such estates or effects or
any part or parts thereof shall be and are hereby declared to be as good
valid and effectual to transfer the property thereof to all intents construc-
tions and purposes whatsoever as if executed by the said absconding or
concealed person or persons before such public notice as aforesaid given.
212
LAWS OF NEW YORK.
[Chap. 24.
Penalty for
withhold'
in«r prop-
erty from
the truBt-
DiscoTery
©/prop-
erty, mode
of proced-
ure for;
exam i na-
tion of
witnesses;
commit-
ments for
refusal to
answer.
And be it further enacted by the authority aforesaid, That if any per-
son or persons indebted to such absconding or concealed debtor or
debtors, or having the custody of any goods chattels or effects, or other
thing or things whatever of such absconding or concealed debtor or
debtors shall conceal the same, and not deliver a just account thereof
to such trustees as aforesaid or one of them, by the day for that purpose
by them appointed, he she or they so concealing, or not delivering » such
account thereof shall forfeit double the sum of the debt or debts, or
double the value of the goods chattels effects or other thing or things so
concealed or not accounted for to be recovered by the said trustees in
any court within this State having jurisdiction to the amount of such
forfeiture and applied as hereinafter directed : Which said courts are
hereby respectively fully empowered, to compel to come before them,
all such person or persons who shall so conceal or not account as afore-
said and them to examine upon oath or affirmation touching the prem-
ises, and to commit them or either of them to prison if they refuse to be
so examined, or being so examined, refuse to answer fully and satisfac-
torily to such court.
And be it further enacted by the authority aforesaid, That it shall
and may be lawful for the trustees of any debtor 01 debtors estate, here-
tofore appointed by virtue of any of the laws of this State, or the late
colony of New York, relating to fraudulent or absconding debtors, or
hereafter to be appointed by virtue of this act or the survivors or sur-
vivor of them or the major part of such survivors, to apply to any jus-
tice of the peace in this State, who is hereby in such case required to
grant a warrant under his hand and seal, commanding such debtor or
debtors, the wife or wives of such debtor or debtors respectively and
every other person whomsoever, known dr suspected to detain any part
of the estate of such debtor or to be indebted to it, or knowing or sus-
pected to know any thing concerning the concealment or embezlement
thereof by their respective names, forthwith to be brought before such
justice and trustees, at such place as the said justice and trustees, or
the major part of them, or the survivors or survivor of them, or the
major part of such survivors, shall at the time of the application for, or
the issuing of such warrant, appoint, where the said justice of the peace
is also hereby required and commanded to be present, or in case of his
death, absence or indisposition such other justice of thfe peace as the
said trustees, or the major part of them, or the survivors or survivor of
them, or the major part of such survivors shall request to be present, at
which meeting as well the said justice of the peace as the said trustees,
or the survivors or survivor of them, or the major part of such surviv-
ors, shall and may examine on oath, or if a person privileged by law to
affirm, on his or her affirmation (which oath or affirmation the said jus-
tice of the peace is hereby required to administer) as well by word of
mouth as on interrogatories in writing, all and every person or persons
brought before the said justice and trustees by virtue of such warrant
or warrants; and any other person or persons present at any such meet-
ing, touching all matters relative to the person trade, dealings, debts,
credits, estate or effects, of all and every such debtor or debtors ; and
also to reduce to writing the answers of every such person, had, given
or taken before them as aforesaid, which examination so reduced to
writing, the person so examined shall and is hereby required to sign and
subscribe; and in case any person so brought before them the said jus-
tice and trustees, or the survivors or survivor of them or the major part
of, such survivors, shall refuse to be sworn, or if a person so privileged
by law, to affirm as aforesaid, or being sworn or affirmed, shall refuse to
Chap. 24.] NINTH SESSION. 2l3
answer, or shall not fully answer to the satisfaction of the said justice*
all lawful questions put to him her or them by the said justice and trus-
tees, or the major part of them then present, as well by word of mouth
as by interrogatories in writing, or shall refuse to sign or subscribe his
her or their examination so taken down in writing as aforesaid, not hav-
ing a reasonable objection, either to the wording thereof, or otherwise,
to be allowed by the said justice, it shall and may be lawful for the said
justice of the peace, and he is hereby required by warrant under his
hand and seal to commit him her or them to prison, there to remain
without bail or mainprize until such time as such person or persons
respectively shall submit to the said justice to be sworn or affirmed as
aforesaid, and full answer to make to the satisfaction of the said justice
to all such questions as shall be put to him her or them as aforesaid,
and to sign and subscribe such examination as aforesaid, according
to the true intent and meaning of this act : Provided always that in Proviso,
case any person or persons shall be committed as aforesaid for refus- wUnew to
ing to be sworn or affirmed, or to answer, or for not fully answering be specified
any question or questions put to him her or them by the said justice mitment.
and trustees or the major part of them then present, by word of mouth
or on interrogatories, that the said justice of the peace shall in his war-
rant of commitment specify such default respectively, and if the com-
mitment be for refusing to answer any question or interrogatory the said
justice shall in his warrant specify such interrogatory or interrogatories,
question or questions ; provided also, that in case any person or persons Habeas
committed by such warrant or warrants by virtue of this act, shall bring d?l?hMffe'
any habeas corpus in order to be discharged from any such commitmeht oi witneM
J 1 f 111 ttn conunitted.
and on the return of any such habeas corpus, there shall appear any
insufficiency whatever, in the form of the warrant whereby such person
was committed, by reason whereof the party might be discharged of such
commitment, that then it shall and may be lawful for the court or judge
before whom such party shall be brought by habeas corpus as aforesaid,
and such court or judge shall, and is hereby required by rule order or
warrant to commit such person or persons to the same prison to which
he was first committed, there to remain as aforesaid, unless it shall be
made appear to such court or judge by the party committed, that he
she or they have fully answered all lawful questions put to him her or
them by the said justice and trustees that were then present, or the
major part of them, or in case such person was committed for not
signing his her or their examination unless it shall be made appear to
such court or judge that the party so committed had a good and suffi-
cient reason for refusing to sign the same and in case any gaoler or
keeper of any prison or gaol to whom any such person or persons shall
be committed as aforesaid, shall willfully suffer any such person or per-
sons to escape from such prison until he she or they shall be duly dis-
charged as aforesaid, such gaoler or keeper shall for every such offence
first being duly convicted thereof on indictment or information forfeit
to the trustees appointed to manage and distribute the estate and effects
of such absconding or concealed person or persons respectively, a sum
equal to all such sum or sums of money, as shall be due or owing to the
creditor or creditors of such absconding or concealed person or persons,
provided the same does not exceed the sum of one thousand pK>unds, to
be sued for and recovered by the said trustees or the survivors or sur-
vivor of them in any court of record within this State, and distributed
as hereinafter directed.
And be it further enacted by the authority aforesaid^ That in case any
person so to be examined as aforesaid, either in court or before such
214 LAWS OF NEW YORK. [Chap. 24.
f**°fiiL justice and trustees as aforesaid, shall wilfully and knowingly swear or
swearing, affirm falsely, the person so. offending shall be liable to the same pains
and penalties as those who are convicted of wilful and corrupt perjury.
Reward for And be it further enacted by the authority aforesaid^ That any person
of^^SSd or persons (other than those who have the effects in their custody) who
property, shall discover any effects of any absconding or concealed debtor or
debtors, secreted contrary to the true intent and meaning of this act, so
that they be recovered by the trustees of such absconding or concealed
person or persons estates, shall be and hereby is or are entitled to ten
per cent, on the value of all effects so discovered recovered and received
by the said trustees, to be paid to the person or persons so discovering
by the said trustees, out of the estate or effects of such absconding or
concealed debtor or debtors.
Trustees to And be it furtlier enacted by the authority aforesaid. That the trustees
power^to o^ ^^y absconding or concealed debtors estate already appointed in pur-
tato* tc suance of any of the said laws of this State, or of the late colony of New-
* ' York, relating to absconding and fraudulent debtors, or hereafter to be
appointed in pursuance of this act, or any tvsro of them are hereby fully
empowered to settle and adjust all matters contracts and accounts that
may be subsisting between such absconding or concealed person or per-
sons, and his her or their debtor or debtors, and also between such
absconding or concealed person or persons, and his her or their creditor
or creditors, and to examine any person or persons upon oath or affir-
mation concerning any matters accounts or settlements between them
or either of them, which oath or affirmation the said trustees or any one
of them, two of them being present, is and are hereby empowered to
administer. And for the greater ease and relief of such trustees as
aforesaid.
Oontrover- Be it further enacted by the authority aforesaid. That in case any con-
fn^settieJ-"* troversy shall arise, concerning any debt matter or thing claimed by any
meat of creditor or creditors of such absconding or concealed person or persons,
to brwlJ.^ or concerning any debt, due, duty, matter or thing claimed by the said
bitratfo" trustees from or against any person or persons, as belonging to or- in
right, of the effects or estate of such absconding or concealed debtor or
debtors previous to such public notice as aforesaid first given, it shall
and may be lawful for such trustees already appointed as aforesaid, or
hereafter to be appointed in pursuance of this act or any two of them
or the survivors or survivor of them, to have such controversy deter-
mined in the following manner, that is to say, the said trustees or any
two of them or the survivors or survivor of them may nominate two
referees, not being creditors of such absconding or concealed debtor or
debtors, or to them known to be otherwise interested in such contro-
versy, or related to any person interested in such controversy, and the
other party or parties in such controversy shall also nominate two indiff-
erent persons to be referees, and their names shall be seperately written
on four pieces of paper as nearly as may be of the same size and figure,
which shall be rolled up seperately in the same manner and put into a
box, and from thence one of the trustees shall draw out three of the said
pieces of paper, and the persons whose names are so drawn shall finally
settle such controversy; and if any referees so appointed, shall refuse or
be incapable of acting in a reasonable time, a new choice shall be made
in like manner as before of another or others in the room of him or
them so refusing or being incapable of acting as aforesaid, and in case
any person or persons, who shall have any controversy with any such
trustees as aforesaid, shall refuse to nominate fit persons to be referees
on his her or their part, then such trustees on any two of them, or the
Chap. 24.] NINTH SESSION. 215
survivors or survivor of them are hereby impowered to nominate referees
for him her or them so refusing and to proceed to the final settlement
of such controversy in manner aforesaid.
And be it further enacted by the authority aforesaid^ That all trustees TruBteee,
hereafter to be appointed by virtue of this act, shall proceed to convert p?^^.
the estate real and personal, of such absconding or concealed debtor or
debtors, for the management of which estates respectively they shall be
appointed, into money, and collect the debts due to the same, and thdt
the said trustees, or any two of them, or the survivors or survivor of
them, shall cause public notice to be given in two of the public news
papers printed in this State, one of which to be printed in the city of
New York, requesting a general meeting of all such creditors as shall
choose to attend, to examine and see the debts due to each person, ascer-
tained, at a certain time and place by such trustees in their said notice
to be appointed, which shall not be less than two, nor more than three
months after such notice given, nor more than one year and an half from
the time of their first appointment, at which meeting, or other subsequent
meetings necessary for that purpose, to be continued by adjournment if
necessary, when all accounts are fairly stated and adjusted, they shall
proceed to make a distribution or division amongst the creditors in pro-
portion to their respective just demands, of all such monies, as shall have
come to their hands as trustees of such estate or effects (of which all
forfeitures by them recovered and received by virtue of this act, shall
be considered as a part,) first deducting thereout all legal charges and
commissions ; in which payments no preference shall be allowed to debts
due on specialties: And if the whole of such absconding or concealed
debtor or debtors estate shall not be then settled and distributed, such
trustees or any two of them, or the survivors or survivor of them, shall
within the space of one year thereafter, make a second dividend of all
such monies as* shall have come to his or their hands, after the first
division, and so from year to year until a final settlement thereof • and a
just and equal distribution of such estate or effects shall have been
made amongst the creditors of such absconding or concealed debtor or
debtors in proportion to their respective just demands, and if any sur-
plus shall remain after all just debts and legal charges and commissions
are fully paid and satisfied, such surplus shall be paid or delivered to
the said absconding or concealed person or persons his her or their
executors administrators or assigns.
And be it further enacted by the authority aforesaid^ That any person Debts not
or persons, who may have given credit to any such absconding or con- payment
cealed debtor or debtors, on a valuable consideration for any sum of of.
money, which shall not be due or payable at the time of any such divis-
ion or distribution as aforesaid, but will become due or payable at some
after time, shall and may nevertheless be admitted and considered as a
creditor or creditors whose debts were then due, and shall receive a
dividend of the estate of such absconding or concealed debtor or
debtors, in the same proportion as other creditors, deducting thereout
only a rebate of legal interest for what shall be received on such debt
or debts, to be computed from the actual payment thereof, to the time
such debt or demand respectively would have become due.
And be it further enacted by t/ie authority aforesaid, That if any Presenta-
creditor or creditors, shall neglect or refuse to give notice of, or deliver cia?mg^.
to the said trustees an account of his her or their debt or demand, or ^^^J™*
having any controversy relating to or concerning the estate of such Selriect'to
absconding or concealed debtor or debtors, shall refuse to adjust or "^*'®-
settle the same, with the said trustees, in the manner in and by this act
216
LAWS OF NEW YORK.
[Chap. 24,
Oreditora
resldinff
out of the
State.
Debtors
reeidlnfr
out of the
State, at-
tachment
ofpropertj
in the
State of.
Proviso;
E roofs to
e fur-
nished.
Id.; pro-
ceedings
to vacate
attach-
ment.
directed, until after a division shall have been made, of the monies and
effects in the hands of the said trustees, any such creditor or creditors,
shall not be entitled to any dividend ; and the whole monies then in
hand to be divided, shall be divided by the said trustees, among the
other creditors: but in case the whole of the estate of such debtor or
debtors, shall not be divided and settled at the first division, then if
such creditor or creditors respectively shall prove and deliver unto such
trustees, an account of his her or their debt or demand, before the
time appointed for the second division, or shall have settled such con-
troversy as aforesaid with the said trustees; then such creditor or credi-
tors shall have his her or their first dividend, or so much ifjoney, as he
she or they would otherwise have been entitled to on the first division,
before any second dividend shall be made.
And be it further enacted by the authority aforesaid^ That any creditor
or creditors, residing out of this State, shall be entitled to all the privi-
leges and benefits of this act ; and that the attorney or attomies of
every such creditor or creditors residing out of this State, on producing
a letter of attorney from such creditor or creditors, duly authenticated,
and legal proof of the debt due, shall and may in all respects, act, do,
and proceed for and in behalf of such creditor or creditors in the same
manner as such creditor or creditors might or could do, for securing or
recovering their respective debts from such absonding or concealed
debtor or debtors, if such creditor or creditors was or were personally
present. And whereas persons who dwell out of this State may be
mdebted within the same, and have estates or effects sufficient within
the same to pay and satisfy such debts or parts thereof. Therefore
Be it further enacted by the authority aforesaid^ That the estates goods
chattels and effects, real and personal of all and every such person and
persons (so indebted) as do or may dwell or reside out of this State, shall
also be subject and liable to be taken, seized, proceeded against, sold,
conveyed and disposed of for the payment and satisfaction of such of
the sai4 debts as aforesaid, as near as may be, in like manner as the
estates and effects of other debtors in and by this act are made subject
and liable to: Provided always ^ That instead of the proof of abscond-
ing or concealment of such debtor or debtors; the creditor or creditors
applying for any attachment against the estate or effects of any person
or persons residing out of this State, shall make proof by two witnesses,
to the satisfaction of the judge or judges to whom application for such
attachment shall be made, that such debtor or debtors reside out of this
State ; And also provided^ That in any such case, no trustees shall be
appointed until the expiration of one year after such public notice as
aforesaid given.
And be it further enacted by the authority aforesaid^ That if any per-
son, against whose estate or effects such warrant or warrants of attach-
ment shall be issued shall at any time before the appointment of trus-
tees in the manner aforesaid in person, or by attorney or agent, apply
to the judge who shall have issued such warrant or warrants, and give
such security as such judge shall direct and approve, to the person or
persons at whose instance such warrant or warrants issued, to appear
and plead to any suit or action to be brought in any court of law or
equity in this State, within six months thereafter, against the same per-
son against whose estate or effects such warrant or warrants shall be
issued by the person or persons at whose instance such warrant or war-
rants issued ; and pay all such sums as may be adjudged or decreed in
any such suit or action, then and in every such case such, judge shall
issue a supercedas to such warrant or warrants, and no farther proceed-
Chap, 24.] NINTH SESSION. 217
ings shall be had thereon. And further That in all cases where upon id^ ships
any such attachment or attachments any ship or vessel or any part thereof •"^^^■•^^
shall be seized or attached, it shall be lawful for the judge who shall
have issued fuch warrant or warrants, to cause such ship or vessel or
part thereof so seized or attached, to be valued by indifferent persons,
and if any person will give security, to be approved of by such judge,
to the people of the State of New York for the benefit of the creditors
of such debtor, to pay the amount of such valuation, to the trustees to
be in such case appointed, then such judge shall cause such ship or
vessel, to be discharged from such attachment.
AnJd be it further enacted by the authority aforesaid^ That the first Judges,
judge of the inferior court of common pleas, in each county within this tiorTo?"!!!
State, and the mayor and recorder of the city of New York, and each Sgry*°«
and every of them, is hereby authorized and empowered to put this act intoeffeot.
in execution in their respective counties ; provided always^ That where
warrants shall be issued by any judge ^or judges of the supreme court,
and also by a first judge of any of the said inferior courts or such mayor
or recorder, against the estate or effects of the same person or persons,
in such case, the judges of the supreme court or any one of them shall
award a writ or writts of certiorari to the judge of such inferior court
or mayor or recorder as the case may require, to remove the proceed-
ings there, before the judge or judges of the supreme court, that he or
they may proceed upon both warrants, or either of them.
And be it further enacted by the authority aforesaid^ That the judge Prooeed-
or judges mayor or recorder who shall issue any warrant or warrants of j"§^to
attachment in pursuance of this act, shall make report to the court f>® ®?^^
whereof he or they is or are judge or judges, of the proof of the debt 0° the""
or demand made by the creditor or creditors on whose application such <^*^""-
warrant or warrants issued, of the issuing of such warrant or warrants,
of the notice thereon ordered, of the publication of such notice, of the
appointment of trustees, and of all other matters required of him or
them by this act to be done out of court, and cause that report to be
entered in the minutes of the said court to be evidence of the facts so
reported, and such report, or the record, or entry thereof in the minutes
of the said court shall be full and conclusive evidence of the facts so
reported, in all courts of record within this State.
And be it further enacted by the authority aforesaid^ That the judge Appoint-
or judges mayor or recorder who shall make any such appointment of trusts,
trustees shall and is and are hereby required, at the request of the trus- Ji®?^^i2f
tees thereby appointed, or any one of them, to endorse on such appoint- of.*
ment an allowance that the same may be recorded, which allowance,
signed by the said judges, mayor or recorder or any one of them, if a
judge of the supreme court shall be a sufficient warrant, and authority
to the secretary of this State, and to all or any of the clerks of the
respective cities or counties within this State to record the same, and if
such judge be a judge of an inferior court of common pleas or mayor
or recorder shall be a sufficient warrant and authority to the clerk of
the court or county whereof he is a judge to record the same and any
appointment of trustees under the hand and seal or hands and seals of
any judge or judges or mayor or recorder authorized to put this act in
execution, or the record thereof duly made in the said secretarys office,
or in the office of the clerk of any city or county of this State, shall be
^uU and conclusive proof in all courts and places within this State, that
the person or persons against whose estate or effects such warrant or
warrants issued, was or were at the time of issuing thereof, either absent
absconding or concealed debtor or debtors, within the meaning of this
Vol. 2.-28
218 LAWS OF NEW YORK. [Chap. 24.
act, and that the said appointment and the proceedings previous thereto
were regular and according to the directions of this act. And whereas
the affidavits or affirmations of the creditors whereon warrants of attach-
ment have issued against concealed or absconding debtors, by virtue of
sundry laws of this State relating to fraudulent and absconding debtors,
and the warrants of attachment issued as aforesaid, and the sheriffs returns
thereof and inventories therewith returned,have usually remained with the
judge or judges who issued the same or one of them; and th^ appoint-
ments of trustees made in pursuance thereof, remained in the hands of
the trustees appointed, or one of them, and by reason of the decease of
SHch judges, and death or removal of such trustees, are many times lost
or mislaid; by means whereof such persons as have or may purchase
any messuage^ lands tenements or hereditaments, which were of such
absconding or concealed debtors, from or under any trustees for all the
creditors of any concealed or absconding person or persons appointed
as aforesaid, may be disabled to make out their rights and titles to the
same, and such affidavits or affirmations, warrants of attachment or
appointments of trustees in case they can be found, are not at present
of record, or filed in any public office of record, which may be of evil
consequences to such purchasers as aforesaid, or persons claiming under
them ; for remedy whereof.
Papers and *Be it further enacted by the authority aforesaid^ That any judge or
Si^o^of. judges, or mayor or recorder who shall issue such warrant or warrants
' of attachment as aforesaid pursuant to this act, shall, and he or they, is
and are hereby required and directed to cause the affidavits or affirma-
tions of the creditor or creditors made before him or them previous to
the issuing of such warrant or warrants respectively, within thirty days
after the taking of such affidavit or affirmation, and such warrant or
warrants of attachment as aforesaid, within thirty days after the return
thereof by such sheriff, as shall return the same, together with the sher-
iffs return thereof to be delivered into the office of the clerk of that
court, whereof he or they is or are judge or judges, which clerk is
hereby required and commanded to mark or cause them to be marked
respectively with the day and year on which each of them respectively
shall be filed in his office, and to preserve the same amongst the papers
Where filed in such office: And all trustees hereafter to be appointed by vir-
apSia^'*^' tue of this act or the survivors or survivor of them, who by virtue of
ment of such appointment, shall sell and convey any messuages lands tenements
must^^ or hereditaments, shall cause such appointment of trustees to be duly
recorded, proved or acknowledged, and allowed, so that the same may be recorded,
and shall cause the same to be entered of record, either in the secre-
tarys office of this State, or in the office of the clerk of the city or
county, wherein such messuages lands tenements or hereditaments do
lie, and every appointment of trustees for the estate of any fraudulent,
or absconding or concealed debtor heretofore made by any judge or
judges of the supreme court, or any of the inferior courts of commoa
pleas, or by the mayor or recorder of the city of New York and every
appointment of trustees hereafter to be made in pursuance of this act,
or the record thereof made by such proper officer as aforesaid, or an
office copy thereof attested by any such proper officer as aforesaid, in
case such record should have perished by fire or other accident, together
with a legal title or conveyance from such trustees or any two of them,
or the survivors or survivor of them, proved or to be proved in such
due form as by law required, there shall be a full compleat and perfect
title for such messuages lands tenements or hereditaments, to such pur-
chaser or purchasers his her or their heirs and assigns, against such
Chap. 24.J NINTH SESSION. 219
absconding absent or concealed debtor or debtors, his her or their heirs
or assigns, and all other persons claiming or to claim, by, from or under
him her or them by virtue of any act, deed, matter, or thing, after such
first public notice as aforesaid given and all sales and conveyances of
any messuages lands tenements or hereditaments heretofore bona fide
sold and conveyed by any trustees heretofore appointed by such judge
or judges mayor or recorder as aforesaid, for the management and dis-
tribution of the estate of any absconding or concealed debtor or debt-
ors, are hereby confirmed and declared to be valid and effectual to all
intents and purposes, to such purchaser or purchasers, his her and their
heirs and assigns, against such absconding or concealed or absent debtor
or debtors his her or their heirs or assigns, or any person claiming or
to claim by from or under him her or them by virtue of any act deed
matter or thing after such first public notice as aforesaid ^y^Xi^ provided
always that such purchaser or purchasers, his her or their heirs or
assigns, now are and have been for the space of three years last past,
in the actual possession of snch messuages lands, tenements or hered-
itaments.
And he it further enacted by the authority aforesaid^ That such trus- Aocounta
tees as shall hereafter be appointed by virtue of this act, shall keep a tob™kep^
regular book or regular books of account, of all such monies as shall oompenBa-
come to their hands by reason or on account of such their appointment,
to which book or books, every creditor interested in such monies or
estate, at all reasonable times may have recourse, and that such trustees
and each of them, shall be subject to such orders and directions for the
more effectual putting this act in execution, and finishing a distribution
of such estate or effects as may come to their hands by virtue of such
appointment, as shall from time to time be made and given in the court,
by the judge or judges whereof su(;h appointment of trustees was made,
and also that such trustees shall render unto the court by the judge or
judges whereof they were appointed a just and true account or accounts
in writing upon oath or if of the people called Quakers, afiirmation made
in open court of their proceedings and accounts in the premises by
virtue of their appointment, which shall be filed with the clerk of the
said court for the satisfaction of all persons concerned, and such trus-
tees of the estate of any such absconding absent or concealed person or
persons, already appointed or hereafter to be appointed, shall and may,
retain and keep in their hands for the trouble and services to be by
them peformed, the sum of five per cent, on the whole sum which shall
come into their hands by virtue of such appointment, before each divi-
dend made, over and above all necessary disbursements in the premises.
And be it further enacted by the authority aforesaid^ That any judge Prooeed-
or judges mayor or recorder who have issued any warrant or warrants {SlnS^
in pursuance and by virtue of any act or acts, against absent, abscond- under
ing or concealed debtors, may proceed thereon by virtue of this act, to'STcon-
and that trustees, appointed by any of the said acts, may exercise all undeAhis
the powers given by this act to such trustees, and shall be subject to act.
such rules orders and regulations as in and by this act are appointed.
And be it further enacted by the authority aforesaid^ That if any per- Act to be
son or persons shall be sued for any matter or thing done in pursuance favoraSf:?
or by virtue of this act, it shall and may be lawful for him her or them to credit-
to plead the general issue, and give the special matter in evidence, and ^"*
also that this act shall be beneficially construed for the creditors in all
courts of. record within this State. And whereas by the first section of
the act entitled An act to amend an act entitled " An act for relief
against absconding and absent debtors," and to extend the remedy of
220
LAWS OF NEW YORK.
[Chap. 25.
the act entitled " An act for granting a more effectual relief in cases of
certain trespasses, and for other purposes therein mentioned " passed
May the 4th 1784," remedy was given to creditors against debtors desig-
nated in the said first section of the said act, with authority to proceed
against such debtors in manner as nearly as may be, as is prescribed
and directed in and by an act entitled " An act for relief against ab-
sconding and absent debtors" passed 3d day of April 1775." And
whereas the act last mentioned is expired by its own limitation.
Proceed- Be it therefore enacted by the aut/iority aforesaid, That all proceedings
iiStre^r-^ hereafter to be had, against such debtors as are particularly described,
red to may in, and by the aforesaid first section of the act first aforesaid, shall as
ued under nearly as may be. be in the manner prescribed and directed in and by
thuaot. this act.
CHAP. 25.
Militia;
enrolment
of: who
eubleot to
^military
'duty^
Equip-
ments to
be pro-
Tided.
Governor
to arrange
militia in
oommaoda
AN ACT to regulate the militia.
Passed the 4th of April, 1786.
Be it enacted by the People of the State of New York, represented in
Senate and Assembly, and it is hereby enacted by the authority of the same.
That every able bodied male person being a citizen of this State, or of
any of the United States and residing in this State (except such persons
as are herein after excepted) and who are of the age of sixteen and
under the age of forty five years shall by the captain or commanding
officer of the beat in which such citizens shall reside within four months
after the passing of this act be enroled in the company of such beat.
That every captain or commanding officer of a company shall also enrol
every citizen as aforesaid who shall from time to time arrive at the age
of sixteen years, or come to reside within his beat, and without delay
notify such enrolment to such citizen so enroled by some non commis-
sioned officer of the company, who shall be a competent witness to
prove such notice. That all disputes which may happen with respect
to the age or ability of any person to bear arms, shall be determined by
the captain or commanding officer of the company with a right of
appeal by the person who may conceive himself aggrieved or by any
other person belonging to the company, to the colonel, or commanding
officer of the regiment. That every citizen so enroled and notified shall
within three months thereafter provide himself at his own expence with
a good musket or firelock, a sufficient bayonet and belt a pouch with a
box therein to contain not less than twenty four cartridges suited to the
bore of his musket or firelock, each cartridge containing a proper quan-
tity of powder and ball, two spare flints a blanket and knap sack ; and
shall appear so armed, accoutered and provided when called out to
exercise or duty, as herein after directed ; except that when called out
to exercise only, he may appear without blanket or knapsack. That
the commissioned officers shall be respectively armed with a sword or
hanger & an espontoon. That the commander in chief for the time
being shall by general orders arrange the whole militia, into commands
as nearly equal as conveniently may be, of brigades, regiments and com-
panies, and may from time to time alter such arrangements a& he shall
think proper ; and that to each brigade of infantry there shall be one
company of artillery and one troop of horse. That each regfment of
Chap. 25.J NINTH SESSION. 221
infantry shall consist of two battalions, each battalion to be composed Compuiiea
of four companies, and each company of of infantry.
one captain four corporals
one lieutenant one drummer
one ensign one fifer, and not less than
four Serjeants
sixty five privates, as nearly as local circumstances will admit the ser^
geants, corporals drumers and fifers to be from time to time appointed
by the captain or commanding officers of the several companies. And
if any non commissioned officer so to be appointed shall refuse to
accept the office to which he shall be appointed, he shall forfeit the
sum of forty shillings to be adjudged levied and disposed of as is herein
after directed with respect to fines for neglecting or refusing to appear
to exercise. That each regiment shall be commanded by three field iu«imeot»
officers, vizt. One lieutenant colonel commanding and two majors, and ®'*^***«t.
that to each regiment there shall be a regimental staff, to consist of
one adjutant )
one quarter master, and >• To rank as lieutenants.
one pay master )
one surgeon and
one surgeons mate
and that to each regiment there shall be two light infantry companies
composed of such active young men as shall voluntarily engage in such
infantry companies, and who shall form on the flanks of the regiment,
and be clothed in such uniform as is herein after directed. That four
repments thus constituted shall form a brigade to be commanded by a Brigades.
bngadier general who may nominate his own brigade major which
brigade major shall rank as captain. That each troop of horse shall Troops of
consist of ^^"••
one captain four corporals
one captain lieutenant one sadler
one lieutenant one farrier
one comet one trumpeter and
four Serjeants forty horsemen
each trooper to furnish himself with a serviceable horse at least four-
teen hands high, a good saddle bridle, housing, holsters, breast plate and
crupper, a pair of boots and spurrs, a pair of pistols, a sabre, a cartrouch
box to contain twelve cartridges for his pistols; and that the commis-
sioned officers shall be armed with a sword and a pair of pistols, the
holsters of which to be covered with bearskin caps. That each com- ArtiUenr,
pany of artillery shall consist of companies
one captain six gunners
one captain lieutenant six bombardiers
three lieutenants one drummer
SIX Serjeants one fifter and
six corporals thirty two matrosses,
each commissioned officer shall be armed with a sword or hanger, a
fazee bayonet and belt and cartridge box to contain 12 cartridges,
and each artillerist shall furnish himself at his own expence with all the
equipments of a private in the infantry until proper ordinance and field
artillery can be provided by the State; the drum and fife to be provided
ty the commissioned officers of the company. That each company of Arttllery
artillery and troop of horse shall be formed of volunteers from the dis- Jf,!j,eniiBt-
trict of the brigade within which they reside, and shall be uniformly ments in.
clothed in regimentals, to be furnished at their own expence, the colour
and fashion of which to be determined by the brigadier commanding
222
LAWS OF NEW YORK.
[Chap. 25.
Mllltia,
when to
rendez-
V0U8.
Begiment-
«1 parades.
Adjutant
SBneral,
uty of.
Brigade
Inspector.
the brigade. That on every enlistment of a volunteer into the horse,
artillery or light infantry, the captains of such troops or companies
respectively shall immediately certify the same to the captain of the beat
from which such volunteer shall enlist. That each regiment shall be
provided with State and regimental colors, at the expence of the field
officers, and each company with a drum and fife at the expence of its
commissioned officers. That all the militia of the State shall rendezvous
four times in every year, for the purpose of training, disciplining, and
improving in martial exercises; twice by companies within their beats
once by regiments, and once by brigades; the time and place of ren-
dezvous for the companies to be appointed by the colonel, or command-
ing officer of th>e regiment, and arranged on different days, that the field
and staff officers may have an opportunity of attending the several com-
panies exercised in detail, in order to introduce uniformity in the
manoeuvers and discipline of the regiment. That each commanding
officer of a regiment shall appoint a regimental parade at some conve-
nient place as nearly central as may be within the district of his regi-
ment, and each brigadier general shall appoint a brigade parade at some
convenient place within the district of his brigade, as nearly central as
may be, at which brigade parade such brigade shall rendezvous on such
days as the commander in chief shall appoint by general orders; and
which days shall be so arranged that the adjutant general maybe enabled
to visit and review them at their respective brigade parades. That there
shall be an adjutant general of the militia whose duty shall be to distri-
bute all orders from the commander in chief to the several corps; and
once in every year review the brigades; to attend the respective brigades
on their respective parades; and the regiment of infantry and companies
of artillery and cavalry during the time of their being under arms, pur-
suant to this act; and shall inspect their arms, and ammunition accoutre-
ments and clothing, superintend their exercises and manoeuvers, and
introduce a system of military discipline throughout the State, agreable
to such orders as he shall from time to time receive from the commder
in chief; to furnish blank forms of different returns that may be required,
and explain the principles on which they shall be made; that within
three weeks after he shall have finished his annual review he shall de-
liver to the commander in chief a return of all the militia of the State,
reporting the actual situation of the arms, accoutrements and ammuni-
tion of the several corps, their delinquencies, and every other thing
which in his judgment may relate to their police and the general advance-
ment of good order and military discipline; that he shall have the rank
of lieutenant colonel and shall be allowed as a full compensation for all
the services he is required to perform by this act, at and after the rate
of two hundred and fifty pounds for every year. That to every brigade
there shall be an inspector, to rank as major, whose duty it shall be to
attend the regimental parades, and shall then and there inspect their
arms, ammunition accoutrements and clothing ; superinted their exer-
cises and manoeuvers, and introduce a proper system of military disci-
pline throughout his brigade, agreable to such orders as he may, from
time to time receive from the adjutant general. That at the annual
brigade rendezvous the light infantry companies or the regiments com-
posing the brigades shall be formed into a regiment to be commanded
by such field officers as the commanding officer of the brigade shall
appoint for that service. That when so embodied they shall continue
together together at least four days, and perform such manoeuvers and
evolutions under the direction of the adjutant general as he shall assign
them. That the artillery company and troop of horse belonging to each
Chap. 25.] NINTH SESSION. 223
brigade shall during such service, be attached to and remain with the
regiment of light infantry, and be subject to the orders of the command-
ing officer thereof. That every regimental commissioned officer shall Commis-
report his acceptance of his appointment within ten days from his**£JJ^^^
receiving notice thereof, to the commanding officer of the regiment; who report ao-
shall in like manner within ten days make return thereof to his briga- °®p**"°®-
dier. The commissioned officers of cavalry and artillery shall also
notify the acceptance of their appointments within ten days after they
have received notice, to their captains ; and the captains shall make
similar returns to their brigadiers within ten days. That a general court General
martial shall consist of thirteen commissioned officers who shall appoint ^^JSaL
their own judge advocate which judge advocate shall tender to each
member, and each member is hereby enjoined to take the following
oath —
You do swear, that you will well ^nd truly try, and determine. Oath of
according to evidence, the matter now depending between' the people ™«™*>«™-
of the State of New York, and the prisoner or prisoners to be tryed;
and you do further swear that you will not divulge the sentence of the
court until the same shall be approved of pursuant to this act. Neither
will you upon any account at any time whatsoever disclose or discover
the vote or opinion of any particular member of the court martial, unless
required to give evidence thereof by a court of justice in a due course
of law; so help you God
And the president is hereby authorized to tender to the judge advo-
cate, who is hereby enjoined to take the following oath
You do swear that you will not upon any account at any time Oath to
whatsoever disclose or discover the vote or opinion of any particular io^te?**'
member of the court martial unless required to give evidence thereof as
a witness by a court of justice in a due course of law ; and that you
will not divulge the sentence of this court until the same shall be
approved pursuant to this act; so help you God.
That every commissioned officer who shall be convicted by a general
court martial of having refused or neglected to perform any of the
duties of his office, shall be punished according to the nature and degree
of his offence at the discretion of the s^id court either by fine or re-
moval from his office Provided no fine shall exceed ten pounds for
the first offence, or fifty pounds for any subsequent offence ; which fine
shall be levied and collected by warrant under the hand and seal of the
commanding officer of the brigade directed to any serjeant of the regi-
ment to which such officer on whom such fine is imposed may belong
in like manner as the fines herein aftermentioned to be recovered of
non commissioned officers and privates for neglect or refusal of duty.
That the commanding officer of a brigade may order courts martial for Brigade
the tryal of offences within his brigade ; the members of which shall marUai.
be warned for that duty byjthe brigade major, who is to keep a roster
for that purpose. That the proceedings and sentence of every court
martial by which any officer shall be removed from office, shall be in
writing, signed by the president thereof ; and that all proceedings and
sentences shall by the president be delivered to the commanding officer
of the brigade, to be by him transmitted to the commander in chief,
who shall approve or disapprove of the same in orders ; and that all
other proceedings and sentences of brigade courts martial shall be
delivered by the president thereof to the commanding officer of the
brigade who shall approve or disapprove of the same in orders. That SStial for
a court martial for the trial of general officers shall be ordered by the trial ^
commander in chief, and composed of general and field officers, who V^wtu
'224 LAWS OF NEW YORK. [Chap. 25.
shall be warned to that duty by the adjutant general, from a roster to
be by him kept for that purpose. That the proceedings and sentences
of such courts shall be transmitted by the presidents thereof to the
commander in chief, who shall confirm or disapprove of the same in
general orders. Provided^ that no sentence of a court martial on a gen-
^ eral officer shall go farther than removal from office. That all senten-
ces of courts martial by which any officer shall be removed, and whicTi
shall be approved by the commander in chief, shall by him from time
to time be laid before the council of appointment, to the end that the
person administering the government of this State for the time being,
by and with their advice and consent, may appoint others instead of
NoD-oom- the officers so removed from office. That every non commissioned offi-
^^ereand ^^^ ^^ private who shall neglect to appear when warned in pursuance
privates, of this act, without sufficient excuse, shall for every day he neglects to
FaUure^to "^ appear at the brigade rendevous, forfeit the sum of twenty shillings,
^P^ and shall for every day he neglects to appear at the regimental or com-
warned. pany parades, forfeit the sum of eight shillings ; and if he shall not be
armed and equipped according to the directions of this act, when so
appearing, without sufficient excuse, he shall for every deficiency forfeit
the sum of one shilling, and appearing without a musket the sum of four
Order of shillings. That the commissions to be granted to officers of the militia
officers. shall be numbered, and the officers of the same grade shall take rank
according to the numbers marked on their respective commissions, and
when officers of different corps shall meet on duty the rank of officers
of the like grade shall be determined by ballot, by the commanding
officer of the whole then present. That one brigade, regiment or com-
pany of foot, (except the light infantry companies herein before men-
tioned) shall not be considered as older or having rank or preference of
the other; but each brigade, regiment or company shall be posted in
the line or on command as the commanding officer shall think proper.
Fines, dis- That all fines arising from offences in a company only, shall be adjudged
posai of q£ g^j^^ imposed by the commissioned officers of the said company, or
the major part of them ; and all fines to arise from offences on calling
out the regiment, or brigade, with respect to the non commissioned
officers and privates shall be adjudged and inflicted by the major part
of the field officers of the regiment ; and shall be levied with costs, not
Fines, how exceeding three shillings, by warrant from the colonel, or commanding
of en-*'*^ officer of the regiment, or captain or commanding officer of the corn-
forced pany, as the case may be, directed to one or more Serjeants; by distress
and sale of the goods and chattels of the offenders respectively. And
in case any such defaulter shall be under age, and live with his father
or mother, or shall be then an apprentice or servant, the master or mis-
tress, or father or mother, as the case may be shall be liable to pay the
said fine with costs : And in default of payment the said Serjeant shall levy
the same upon the goods and chattels of such father or mother, or mas-
ter or mistress ; such fines when recovered, to be paid by the serjeant or
Serjeants, to the officer granting such warrant, whose duty it shall be to
account for, and pay the same to the commanding officer of the brigade ;
and such commanding officer shall pay the same into the treasury of
New York this State. That the city and county of New York shall raise one regi-
ment^far- ment of artillery, to consist of as many companies as the commander in
tiiieryin. chief shall judge necessary, not to exceed four; which companies shall
consist of the same number of officers, non commissioned officers and
matrosses, as the artillery companies herein before mentioned ; that
such regiment of artillery shall have three field officers, shall be armed
and accoutred in the same manner as the other artillery companies men-
Chap. 25.] NINTH SESSION. 225
tioned in this act, until further provision is made therein by law ; and
shall be called out to exercise by orders from the commander in chief
at least six times in every year, and be subject to the same fines and
penalties as are inflicted by this act for the neglect or refusal to do duty,
or being deficient in any arms or equipments.
And be it further enacted by the authority aforesaid^ I'hat the com- Governor
mander in chief for the time being, may, in case of invasion or other SHu^mmSa
emergency, when he shall judge it necessary, order out any proportion when neo-
of the militia of the State to march to any part thereof, and continue ®"*^'
as long as he may think necessary, and likewise, may, in consequence of
an application from the executive of any of the United States, on an
invasion or an apprehension of an invasion of such State, at his discre-
tion, order any number of the militia, not exceeding one third part
thereof, to such State ; Provided they be not compelled to continue on
duty out of this State more than forty days at any one time. That
while in actual service in consequence of being so called out, they shall
receive the same pay and rations, and be subject to the same rules and
regulations as the troops of the United States of America.
And be it further enacted by the authority aforesaid^ That the lieuten- PerRons
ant governor, members and officers of Congress, and their servants not fro™ ^1-
citizens of this State, members of senate and assembly the clerks of tary duty,
senate and assembly, the chancellor, chief justice and other justices of
the supreme court, judge of the court of probates, and all other judicial
officers, secretary, treasurer, attorney general, and auditor of this State,
surveyor general, registers of courts, sheriffs, coronors, and gaolors, two •
ferry men employed to each boat and the surrogates in the several coun-
ties ; all ministers or preachers of the gospel, physicians and surgeons,
except in their respective professions and callings, the professors tutors
and students of Columbia college, post officers and stage drivers who
are employed in conveying the mails of the post office of the United
States, all school masters engaged for six months, the actual attendant
of every grist mill, and the fire men of the cities of New York and
Albany, and of the township of Brooklyn and twenty fire men to be from
time to time appointed by the majority of the magistrates of the county
of Albany residing in the township of Schenectady, notwithstanding
their being above sixteen and under forty five years of age, shall be and
hereby are exempted from training or doing duty in the militia.
And be it further enacted by the authority aforesaid That all persons Quakeia
being of the people called Quakers who would otherwise be subject to SSi^ed
military duty by virtue of this act, and who shall refuse personad mill- ^J^Pf^'^
tary service, shall be exempted therefrom on paying annually the sum forty shu-
of forty shillings each for such exemption ; such sum to be assessed on cofieoted.^
each of them respectively by the assessors, and collected by the collect-
ors of the districts wherein they respectively reside, with the contingent
charges of the county, and paid to the county treasurer, who shall pay
the same into the treasury of this State, to^be applied toward the sup-
port of government. And it is hereby made the duty of every captain
of infantry within three months after he shall have received his com-
mission, and yearly and every year thereafter, on the first Monday of
June in every year, to make a list of the names of all and every person
and persons within his beat who being of the people called Quakers shall
neglect or refuse personally to perform military service, and deliver
$uch list in the city of New York to the clerk of the said city, and in
each of the other counties of this State to the supervisor of the town,
precinct or district where such person or persons so neglecting or refus-
ing to perform military service shall respectively reside: And the clerk
Vol. 2. — 29 j
226 LAWS OF NEW YORK. [Chap. ^5.
of the said city of New York shall forthwith after receiving such lists,
deliver the same to the mayor aldermen and commonalty of the said
city in common council convened, and the mayor, recorder and alder-
men of the city of New York or any three of them in the said city, and
the supervisors or major part of them of each of the other counties of
this State respectively shall at their first meeting after the delivery of
such lists, cause tax lists to be made out according to such lists so deliv-
ered, with warrants thereon under their hands and seals directed to the
collector of the ward town, precinct or district, in which such persons
named in such lists respectively reside for levying the sum of forty shil-
lings of the goods and chattels of each of the persons named in the same
lists. And the said collectors are hereby respectively authorized and
required to demand and receive of each of the persons named in such
tax list the said sum of forty shillings; and in default of payment such
collector shall levy the said sum of forty shillings by distress and sale of
the goods and chattels of the person so neglecting or refusing to pay the
same ; and in case any person named in such tax list shall be under age
and live with his father or mother shall be then an apprentice or servant
the master or mistress or father or mother as the case may be, shall be
liable to pay the said sum of forty shillings for such person so under
age : And in default of payment the collector shall levy the same by
distress and the sale of the goods and chattels of such fathor or mother
master or mistress. And the said respective collectors shall respect-
ively pay the said monies to the city or county treasurer, deducting
their fees for collecting, on or before the first Monday of January in
every year ; and the county treasurers shall respectively pay the same
to the treasurer of this State, deducting his fees for receiving the same,
on or before the first Monday in March in every year. And the col-
lectors and county treasurers shall have the like fees for collecting and
receiving the said monies, as they are respectively entitled to for col-
lecting and receiving the monies raised for defraying the necessary con-
tingent chargfes of the said city or counties.
Oompensa- And be it further enacted by the authority aforesaid^ That the non com-
m?utfa missibned officers and privates of the companies of artillery, cavalry
directed to and infantry, which by this act are directed to remain embodied for the
embodied, purpose of being trained and instructed in military discipline, after the
other enroled militia of this State are dismissed, shall be allowed and
paid for every day which they shall so remain as aforesaid longer than
the said enroled militia, each two shillings.
Mutter- And be it further enacted by the authority aforesaid^ That the captains
madeouT. of the respective companies of artillery, cavalry and infantry, which
shall remain embodied as aforesaid, shall make out and deliver to the
inspector of the brigade to which such companies shall respectively
belong, a roll of their respective companies, specifying the names of the
non commissioned officers and privates who have actually been in the
field as aforesaid, and the times which they have so been in the field.
And that the said inspector shall muster the said companies on the day
next before the day of their dismission, and shall certify the exact state
of such companies respectively upon the muster roll thereof, and sub-
scribe his name thereto; which muster roll being subscribed and sworn
to by the captains of such companies respectively before the brigadier
or commanding officer of the brigade, shall by the said captains together
with a pay roll, be delivered to such brigadier or commanding officer of
the brigade.
Musterand And be it further enacted by the authority aforesaid^ That when the
to^Cecerti- muster rolls and pay rolls of the said companies respectively shall be
Chap. 25.] NINTH SESSION. 227
delivered as aforesaid to the brigadier or commanding officer of the fled and
respective brigades, the said brigadier or commanding officer of the to trens-
brigade shall cause the major of brigade to make out an abstract of the **^''
whole of the pay of the said companies of cavalry artillery and infantry
of his brigade, which muster rolls pay rolls and abstracts being severally
examined and certifyed by the said brigadiers or commanding officers of
the brigades respectively, shall be transmitted to the treasurer of the
State.
And be it further enacted by the authority aforesaid^ That when the Treaauror
muster rolls, pay rolls and abstract shall have been delivered in manner i^omits
aforesaid to the treasurer of the State, the said treasurer shall and may to captains
and he is hereby authorized and directed to pay to the captains of such panies.
companies respectively, upon application therefore the amount of the
pay of their respective companies, to be specified in their pay rolls as
aforesaid, out of any unappropriated monies in the treasury ; and such
captains shall as soon as conveniently may be pay the same to such
Hon commissioned officers and privates respectively who are entitled to
the same, or their executors or administrators.
And be it further enacted by the authority aforesaid That the com- Two dlvl-
mander in chief shall from time to time arrange the militia in two divi- fi?Sfed! ^^
sions as nearly equal as circumstances in his opinion will admit of.
And whereas from the great extent of the counties of Washington and
Montgomery, some of the inhabitants would be subject to great expence
and difficulty, if they were obliged to attend at regimental & brigade
parades ;
Be it therefore enacted by tho authority aforesaid^ That it shall and Certain
may be lawful for the respective commanding officers of the militia in Bu>S?gonS
each of the said counties to exempt- such persons from attending regi- ^jy^^d
mcrttal and brigade parades, as shall live at a greater distance than thirty ton^coun-
miles from such parades aforesaid. eiSToted
And whereas^ from the insular situation of the county of Richmond from
it will be attended with much inconvenience and expence if the militia p*™<*^
thereof should be compelled for the purpose of improving in military
discipline to attach themselves to the militia of any other county.
Therefore
Be it farther enacted by the authority aforesaid^ That the militia of the Bichmond
said county of Richmond shall be formed into one regiment to consist SepwSe
of as many companies as the commander in chief shall judge necessary, regiment
which regiment shall meet four times in the year in the manner and
during the periods which the other militia of this State are directed to
meet; but such regiment shall be inspected in the said county by such
inspector of the militia of the city and county of New York as the
commander in chief shall direct, and shall be attached to and consid-
ered as part of the militia of the city and county of New York, and be
subject to the immediate command of the senior brigadier of the said
city and county as part of his brigade.
And be it further enacted by the authority aforesaid That if a sufficient infantry
number of volunteers shall not offer themselves to compose the infantry noiTi^Ued^
companies of any regiment it shall and may be lawful from time to time ^1 '***""L-
▼hen a deficiency in the complement of any such company shall arise, SiSd b^
to and for the field officers of the regiment to cause a list to be made of **'*''•
ail the young men enroled in the district of such regiment above the
age of sixteen and under the age of twenty six years, and who shall not
already have enlisted in the said infantry companies, and shall by lot
determine which of the said young men shall be compelled to attach
themselves to the said companies of infantry.
228 LAWS OF NEW YORK. [Chap. 25.
Inrasfon, And be it further enacted by the authority aforesaid^ That it shall and
of mmtfa' may be lawful to and for any major general or commanding officer of
in case of. ^ brigade or commanding officer of a regiment when and as often as
any invasion may happen to order out the militia under their respective
commands for the defence of this State, giving notice of such invasion
and every circumstance attending the same, as early as possible to their
immediate commanding officer, by whom such information shall be
transmitted with the utmost expedition to the commander in chief ; and
that in cases of insurrections the commanding officer of the regiment
within the limits of which any such insurrection may happen shall im-
mediatiely assemble his regiment under arms, and having transmitted
information thereof to the commanding officer of the brigade and to the
commander in chief shall proceed to take such measures to suppress
such insurrection as to any three of the judges or justices of the county
in which such insurrection shall happen shall appear most proper and
effectual. And if any person be wounded or disabled while in actual
service in opposing any invasion or insurrection or in suppressing the
same, he shall be taken care of and provided for at the public expence,
without having any regard to the rank such person may hold.
Commis- And be it further enacted by the authority aforesaid That it shall and
muftary "^^X ^^ lawful for the person administring the government of the State
stores. for the time being, by and with the advice and concent of the council
of appointment, to appoint a commissary of military stores, who shall
be allowed at and after the rate of forty pounds per annum : And such
commissary shall have the charge and keeping of ordinance, and mili-
tary stores of the State, subject to such orders and instructions in the
execution of his duty as he shall receive from the commander in chief.
Penalties And be it further enacted by the authority aforesaid That every non
to obey"**^ commissioned officer and private who shall neglect or refuse to 6bey
orders, etc. the orders of his superior officer while under arms shall forfeit twenty
shillings for every such offence, and if any such non commissioned
officer or private enroled to serve in either of the companies of artillery
cavalry or infantry shall refuse or neglect to perform such military duty
or exercise as he shall be required to perform, or shall depart from his
colours or guard, without the permission of his superior officer as afore-
said, he shall forfeit the sum of twenty shillings and for the non pay-
ment thereof the offender shall be committed by warrant from the cap-
tain or commanding officer of the troop or company then present to
which such offender doth belong to the next goal there to be confined
until the fines as aforesaid together with the goalors fees are paid. And
the respective sheriffs of the respective cities and counties of the State
are hereby empowered and required to receive the body or bodies of
such offender or offenders as shall be brought to them by virtue of a
warrant or warrants under the hand and seal of such officer as aforesaid ;
and him or them to keep in safe custody until such fines as are men-
tioned in such warrant together with the goalers fees as aforesaid shall
be paid, and the sheriffs and goalers respectively shall be allowed the
same fees as are allowed in other cases : Provided^ that in case of a
military guard where a captain doth not command hi . person, a warrant
granted by an inferior officer who shall have the command of such
guard, shall be of the same authority against all offenders as if such
warrant had been issued by such captain.
TTniformg, And be it further enacted by the authority aforesaid That the military
ooMirt. ^ uniform of this State shall be as follows, that is to say
General officers, dark blue coats with buff facings, linings, collars and
cuffs and yellow buttons with buff under cloths —
Chap. 26.J NINTH SESSION. 229
Regimental officers of infantry, dark blue coats with white linings,
facings, collars and cufifs, and white buttons, with white under clothes —
Non commissioned officers and privates of infantry, dark blue coats
with white linings collars and cuffs, and white under clothes —
Staff officers, dark blue coats with buff collars and linings and yellow
buttons —
Provided, that none of the non commissioned officers and privates of
the regiments of militia, except those composing the light infantry com-
panies, directed to be formed by this act, shall be obliged to appear in
uniform in manner aforesaid.
And he it further enacted by the authority aforesaid, That all persons Former
who have heretofore been commissioned officers in the line of the army t ®*n^*of
of the United States, shall be, and hereby are exempted from serving the United
in the militia of this State, any thing in this act to the contrary hereof ?S*^t.
notwithstanding. Provided nevertheless, that if any such officer being
above the age of sixteen and not more than forty five years, shall be
commissioned in the militia to a rank equal to that which he held in
the said army and shall refuse to accept such commission such officer
so refusing, shall be liable to serve in the militia.
And be it further enacted by the authority aforesaid, That the com- Lista to be
mander in chief shall, as soon as may be after the passing of this act, SlScIre'
take such measures as to him shall seem proper, to obtain the age rank who have
and residence of all officers who 'heretofore have served in the militia Mr^lfin
of this State, and the number of men between the age of fifteen and the miiitia.
forty five directed to be enrolled by this act. And all executive officers
within this State, are hereby strictly enjoined and required to carry
into execution such directions relative to the premises as the commander
in chief may from time to time give and enjoin.
And be it further enacted by the authority aforesaid. That all other certain
laws of this State, for regulating the militia thereof shall be and hereby 523^
are repealed. Provided always, that the act entitled " An act to regulate
the militia" passed the 4th of April 1782 shall continue to be in full
force and effect in the different counties of this State until the militia
of such counties shall be arranged and officered, agreable to the direc-
tions of this law and no longer.
CHAP. 26.
AN ACT to enable the mayor, aldermen and commonalty of the
city of New York, in common council convened, to order the
raising monies by tax for the maintenance of the poor, and
other contingent expences arising in the said city.
Passed the 4th of April, 1786.
Be it enacted by the People of the State of New York, represented in "^^^^^
Senate and Assembly, and it is hereby enacted by the authority of the same, city for
That the mayor aldermen and commonalty of the city of New York, in S^*nS°*
common council convened, shall be and hereby are fully empowered
and authorized, as soon as conveniently may be after the passing of this
act, to order the raising a sum not exceeding six thousand pounds, by a
tax on the estates real and personal of all and every the freeholders and
inhabitants within the city and county of New York, to be applied to
the support and maintenance of the poor of the said city and county,
230 - lAWS OF NEW YORK. [Chap. 27.
the bridewell and the criminals from time to time confined in the
prison of the said city and county and to the repairing and maintain-
ing the public roads and cleaning and improving the streets within the
said city and county; also a further sum not exceeding four thousand
pounds, by a tax on the estates, real and personal, of all and every the
freeholders and inhabitants within the said city on the south side of a
line beginning at the outlet of the swamp of Leonard Lispenard Esquire
into Hudson's river; thence to and along the north side of the dwelling
house of Nicholas Bayard Esquire; thence to and along the north side
of the dwelling house late of Thomas Jones Esquire ; and thence to
and along the north side of the dwelling house of Abraham Cannon, to
the East river to be applied to the payment of so many watchmen as
the mayor aldermen and commonalty of the said city of New York shall
think necessary for guarding the said city; and also to the purchasing
of oil, providing lamps and repairing and attending the lamps which
now are or hereafter may be erected within the said city; which said
sums above mentioned shall be rated and assessed by the assessors
according to the estate of each respective person so to be taxed ; that
the said tax shall be raised and collected in one payment, and shall be
assessed by the assessors of the said city and county for the time being,
and levied and collected in the same manner as hath heretofore been
accustomed within the said city and county for levying and collecting
the tax for the maintainance and support of the poor, and other contin-
gent charges within the said city and county ; and that the said tax
shall be paid into the hands of the treasurer or chamberlain of the said
city for the time being, to be applied and disposed of from time to time,
in such manner and proportions, for the purposes mentioned in this act,
as the mayor, aldermen and commonalty of the said city in common
council convened, shall direct and appoint.
CHAP. 27.
AN ACT for the relief of creditors agaiast heirs devisees, execu-
tors and administrators, and for proving wills, respecting real
estates.
Passed the 4th of April, 1786.
Credl^jre ^^// enacted by the People of the State of New- York represented in
^rSn Senate and Assembly and it is hereby enacted by the authority of the same^
h3ra*aund '^^^^ ^ ^^^ every creditor whether by simple contract or specialty and
deviseea. whether the heirs are mentioned therein or not, shall and may by virtue
of this act have and maintain his her and their action and actions against
the heir and heirs at law of any debtor who hath already died or shall
hereafter die intestate seised of any manors, messuages, lands tenements
or hereditaments; and against the heirs, and heirs at law and devisee, and
devisees of such debtor in case such debtor made any last will and tes-
tament ; and such heir and heirs, devisee and devisees, shall be liable
and chargeable for a false plea by him her or them pleaded in the -same
manner as any heir should have been for any false plea by him pleaded
in any action of debt upon specialty, or for not confessing the lands or
tenements to him descended. And further^ that all creditors shall be
preferred as in actions against executors and administrators.
Chap. 27.J NINTH SESSION. 231
And be it further enacted by the authority aforesaid. That in all cases Heire an-
where any heir or heirs at law, is, are, or shall be liable to pay the debt * J^^^fi*
ot his, her, or their ancestor in regard of any lands, tenements, or hered- f'Jf'Jp^JJy
itaments, descending to him, her, or them, and shall sell alien or make aWough'
oyer the same before any action brought or process sued out against Jire'a^ion
him her or them, such heir and heirs at law shall be answerable for such brought.
debt to the value of the said lands, so by him, her or them aold aliened
or made over, in which cases all creditors shall be preferred as in
actions against executors and administrators; and such execution shall
be taken out upon any judgment or judgments so obtained against such
heir or heirs to the value of the said land as if the same were his her or
their own proper debt or debts; but the lands tenements and heredita-
ments bona fide aliened before the action brought, shall not be liable to
such execution. ,
Provided always, and be it further enacted by the authority aforesaid, *?SJl?'
That where any action shall be brought against any heir or heirs, such ^ ""'
heir and heirs may plead riens per descent at the time of the original
writ brought or the bill filed against him, her, or them, any thing herein
contained to the contrary notwithstanding; and the plaintiff in such
action may reply that such heir or heirs had lands, tenements or hered-
itaments from his her or their ancestor before the original writ brought
or bill filed , and if upon issue joined thereupon it be found for the
plaintiff, the jury shall enquire of the value of the lands tenements or
hereditaments so descended, and thereupon judgment shall be given
and execution awarded as aforesaid ; but if judgment be given against
such heir or heirs by confession of the action without confessing the
assets decended, or upon demurrer, or nihil dicit, it shall be for the debt
and damages without any writ to inquh*e of the lands, tenements and
hereditaments so descended.
Provided also, and be it further enacted by the authority aforesaid^ Devisees
That all and every devisee and devisees made liable by this act shall i5Sne%^-
be liable and chargeable in the same manner as the heir and heirs at tent as
law by force of this act notwithstanding the lands tenements and hered- * "'
itaments to him or them devised shall be aliened before the action
brought; and shall and may in all cases plead the like pleas, and be
liable to the like judgments and executions as the heir and heirs at law.
And be it further enacted by the authority aforesaid. That no lands Judgment
or other real estate of any testator or intestate shall be sold or in any Sc(5tor,eS!^
wise affected by virtue of any judgment or execution against executors ^^ w®^-
or administrators.
And be it further enacted by the authority aforesaid That when any Executors
executor or administrator whose testator or intestate hath died seised Ji"^^^*""
or shall die seised of any real estate shall discover or suspect that the procedure
personal estate of his, her, or their testator or intestate is insufficient to S^uSe t'o**
pay his or her debts such executor or administrator shall as soon as paydebte.
conveniently may be make a just and true account of the said personal
estate and debts as far as he or she can discover the same and deliver
the said account to the judge of the court of probates of this State for
the time being and request his aid in the premises; and the said judge
shall thereupon make an order directing all persons interest/sd in such
estate to appear before him at a certain day and place in the same
order to be specified not less than six weeks nor more than ten weeks
after the day of making such order to shew cause why so much of the
real estate whereof such testator or intestate died seised should not be
sold as will be sufficient to pay his or heir debts which order shall
immediately thereafter be published for four weeks successively in two
232
LAWS OF NEW YORK.
[Chap. 27.
Convey-
ances, D7
whom
made;
effect of.
Applica-
tion of
monies re-
ceived on
sale of
real estate.
Proof of
will of real
estate;
lands in
one county
or more of the public newspapers printed in this State. And the judge
of the court of probates for the time being shall at the time and place
specified in such order or at such other time and place as he may then
appoint hear and examine the allegations and proofs of such executors
or administrators and of all such other persons interested in such estate
as shall think proper to make or offer any; and if upon due examina-
tion, the said judge shall find, that the personal estate of such testator,
or intestate is not sufficient to pay his or her debts the said judge shall
order and direct the whole, if necessary, or if not, so much, of the real
estate of such testator or intestate, then remaining unsold, to be sold, as
will pay his or her debts, and when only a part of the real estate is
ordered to be sold, such order shall specify the amount so ordered to be
sold. Provided always that where any houses and lots are so circum-
stanced that a part thereof cannot be sold without manifest prejudice to
the heirs or devisees the judge of probates at his discretion may order
the whole, or a greater part thereof than is necessary to pay such debt
or debts, to be sold, and to distribute the overplus money arising from
such sale to and among the heirs and devisees, as the case may be.
And be it further CTiacted by the authority aforesaid That all sales of
any real estate to be made by order of the judge of the court of pro-
bates, shall be made, and conveyances for the same executed by the
executors or administrators applying for such order and such other per-
son or persons as the said judge may think proper to appoint. And the
conveyances for the same shall set forth such order at large and shall be
good valid and effectual against the heirs and devisees of such testator
or intestate and all claiming by from or under them or any of them.
Afid be it further enacted hy the authority aforesaid^ That where only
a part of the real estate is ordered to be sold as aforesaid the monies
arising by such sale or sales shall be received by the executors or
administrators applying for such order and shall be considered as assets
in their hands for the payment of debts but where the whole real estate
is ordered to be sold the nfcnies arising thereby shall be brought into
the said court of probates ^nd if the same after deducting all charges
and expences shall not be sufficient to pay all the debts of the testator
or intestate, the said judge* shall cause the same after deducting all
charges and expences, to be divided among the creditors in proportion
to their respective debts without giving any preference to bonds or other
specialties. Provided always^ that before the judge of the court of pro-
bates makes any such distribution he shall cause at least three months
notice of the time and place of making the same to be given by adver-
tiseing the same in two or more of the public news-papers printed in
this State for six weeks successively. Provided always that no part of
the real estate of any testator or intestate shall be ordered to be sold as
aforesaid until the executors or administrators shall have applied the
personal estate or such part thereof as may have come to their hands
towards payment of the debts of such testator or intestate. And no
more of the real estate shall be sold in any case than may be necessary
to pay the residue of the said debts. Provided alsoy that nothing herein
contained shall be construed to prevent or bar any person from bring-
ing or maintaining any suit or action against any executor or adminis-
trator for or in respect of the personal estate of his or her testator or
intestate or for or in respect of any waste or misapplication thereof by
such executor or administrator.
And be it further enacted by the authority aforesaid That in all cases
where any real estate is or shall be devised by any last will or testament
it shall be lawful for the executor or any other persons interested in
Chap. 27.] NINTH SESSION. 233
such real estate, if they or any of them shall think proper to cause such
last will and testament to be brought before the inferior court of com-
mon pleas held in and for the county where such real estate is or shall
be situated and the said inferior court shall cause the witnesses to such
last will and testament to be examined before the same court in opeh
court which examination shall be reduced to writing and if it shall
appear to the same court that such last will and testament was duly
executed according to law and that the person who executed the same
was at the time of executing the same of full age and of sound mind and
memory, and not under any restraint, then the said court shall order
and direct the clerk of the same court to record such last will and tes-
tament together with the proof thereof so taken in the said court, in a
book to be provided by the said clerk for that purpose. And further \^,\ in
that if the lands or real estate so devised are or shall be situated in J^^^eB.
several counties then such last will and testament shall be proved in
manner aforesaid before the supreme court and recorded as aforesaid
by the clerk of the same supreme court.
And be it further enacted by the authority aforesaid That neither the Notice to
supreme court nor any of the said inferior courts shall proceed to bli^'
ore
examine the witnesses to the execution of any last will and testament ^^^^J^*
unless it shall appear or be proved to such court that due notice of such probate,
intention had been given to the heir or heirs of the testator, or if such
heir or heirs are not to be found within this State, fixed up at the last
place of abode of such testator at least fifteen days before such exami-
nation.
And be it further enacted by the authority aforesaid That it shall and witnesses,
may be lawful for the said courts and for each and every of the judges Sf^ufSe*^
of the said courts to cause the witnesses to all such last wills and testa- compeUed,
ments and all such other witnesses as any person interested may desire,
to be summoned to appear before such court to testify what they shall
know concerning the premises and if any such witness shall neglect or
refuse to appear the said court shall and may cause such witness to be
brought before the same court to be examined as a witness touching the
premises.
And be it further enacted by the authority aforesaid That every person Person
m whose custody or power any such last will and testament is XDr shall tod/^of'"*'
be, shall upon request produce the same before such court as he or she wiircom-
may be required for the purpose aforesaid and when the same shall be produceit.
proved and recorded as aforesaid the original shall be returned to the
person who brought it to the said court if such person desire it. And
further that if any person in whose custody or power any last will or
testament is or shall be, shall refuse to produce and deliver the same
then the said court before which such person ought to produce the
same shall and may commit such person to the common goal there to
remain without bail or mainprize until he or she shall produce and
deliver such last will and testament to the same court or to one of the
judges thereof.
And be it further enacted by the authority aforesaid That the records Record to
of the said wills so proved and recorded as aforesaid shall be as good eff^t^as**
and effectual in all cases as the original wills would be if produced and original
proved.
And be it further enacted by the authority aforesaid That the expence Expense of
of proving and recording the said wills shall be paid by the person wm^^te
applying to have the same done and the witnesses and officers shall have paid by
the like fees for attendance and services in virtue of this act as they are SSty?'
intitled to for the like attendance and services in other cases.
Vol. 2. — 30
234 LAWS OF NEW YORK. [Chap. 28.
Fees for And be it further enacted by the authority aforesaid That the judge of
wRLbI"* ^^ court of probates shall have and take for the services to be by him
performed by virtue of this act, the following fees, to wit for filing every
petition one shilling, for making and entering every order six shillings;
for every citation under seal to witnesses or for any other purposes six
shillings; for every sentence or decree thirty shillings; for receiving and
paying out all monies which may come into his hands in consequence
of any sale by order of the said court a commission of three per cent;
for copies of all records and proceedings when required for each sheet
consisting of one hundred and twenty eight words one shilling and six
pence.
CHAP. 28.
AN ACT to divide the county of Albany into two counties.
Passed the 4th day of April, 1786.
Columbia Whereas the county of Albany is so extensive as to be inconvenient
eJSniJiof. *° ^^s inhabitants. Therefore
out of * Be it enacted by the People of the State of New York, represented in
Albany. Senate and Assembly^ and it is hereby enacted by the authority of the same^
That that part of the county of Albany, which lies on the east side of
Hudsons river, on the south side of the north line of Kinderhook dis-
trict, and on the south of the north line of Kings district, shall be one
seperate and distinct county, and be called and known by the name of
Columbia.
And be it further enacted by the authority aforesaid^ That the said
county of Columbia, shall hold and enjoy all the rights priviledges and
immunities which appertain to other counties within this State.
Court- And be it further enacted by the authority aforesaid^ That the court
SaoUo*be^ house and gaol for the said county of Columbia, shall be erected at or
built at near the place where the old church in Claverack now stands, and until
prfsonei?* the gaol for the said county shall be erected, the sheriff and other offi-
Aiban^^ *"* ^^^^ ^^ justice having process, and the custody of prisoners, may com-
gaoi. mit prisoners to the gaol of the county of Albany, and the gaoler thereof
shall receive such prisoners, and be answerable for them as if they were
delivered to his care, by the sheriff or other officers of the said county
of Albany.
Act not to And be it further enacted by the authority aforesaid^ That nothing in
and'prosS ^his act contained, shall be construed to affect any suit or action already
cutions commenced, or that shall be commenced, before the second Tuesday in
com- y.^ • , ,-. ^1.
menced October next, so as to work a wrong or prejudice to any of the parties
named.^"^ therein, nor to affect any criminal or other proceedings on the part of
the people of this State but all such civil and criminal' proceedings
shall and may be prosecuted to trial, judgment and execution as tho'
this act had never been passed, and that all writs and process which
may issue out of the inferior court of common pleas of the said county
of Columbia subsequent to the first Tuesday in October next shall bear
teste as of the last day of the term of September next, as tho* such term
had been held on the second Tuesday of September aforesaid.
Superyisor And be it further enacted by the authority aforesaidy That the super-
tobuHd" visors in the several districts in the said county for the time being shall
court- and they are hereby authorized and required to cause to be levied and
gaol. raised of the freeholders and inhabitants of the said county, a sum not
Chap. 28.] NINTH SESSION. 235
exceeding two thousand pounds, for the purpose of building a court
house and gaol in the said county, with an additional sum of nine pence
in the pound for collecting the same, which said sums shall be levied
raised and collected in the said county in like manner as all other
necessary and contingent charges of the said county of Albany have
been heretofore levied raised and collected.
And be it further enacted by the authority aforesaid^ That the said Supervig-
supervisors of the said county of Columbia, -shall meet at the dwelling SSwbe^
house of Gabriel Esselstyne at Claverack on the first Tuesday of June to meet,
next for the purpose of dividing and apportioning amongst the several
districts in the said county of Columbia the quotas to be raised by vir-
tue of this act. And it is hereby made the duty of Peter Van Ness
Esq. to notify the respective supervisors of such meeting.
And be it further enacted by the authority aforesaid^ That the sum of Tax, when
money so to be raised as aforesaid, shall l)e collected and paid into the iSi^°2nd
hands of the treasurer of the said county of Columbia at such time pa^d.
and times as the supervisors at the said meeting shall appoint and
direct, and the said supervisors are hereby required by plurality of
voices to appoint a treasurer for the said county, and also a clerk of the
supervisors, on or before the first Tuesday in June next.
And be it further enacted by the authority aforesaid^ That William B. Trustees ta
Whiting Abraham I. Van Alstyne, John Livingston, Henry I. Van houeeand'
Renselaer Mathew Scott Seth Jenkins and William H. Ludlow Esquires, «*^*-
be, and they are hereby appointed trustees, to superintend and direct
the building of the said court house, and gaol in such manner as they
or the majority of them shall judge most eligible and consistent with
the interest of the inhabitants of the said county ; and the said trustees,
or a majority of them may and they are hereby authorised to contract
with and purchase from any person or persons in the town of Clavarack
so much land as they shall deem necessary for the erecting a court
house and gaol upon, and for the use of the same, and to take a deed
and conveyance thereof to the supervisors of the said county and their
successors forever, in trust for the freeholders and inhabitants of the
said county. And that the said trustees or a majority of them shall and
may contract with workmen, and purchase materials, and employ an
overseer or overseers of such workmen, and from time to time draw
upon the treasurer of the said county for such sums of money raised
by virtue of this act as may be necessary for the purpose aforesaid, and
the treasurer is hereby required out of the said monies, to pay to the
order of the said trustees, or of the majority of them, such sum or sums
of money, as they may, from time to time draw for.
And be it further enacted by the authority aforesaid^ That the said Trustees
trustees, their executors or administrators shall, when thereunto required for*monie»
by the supervisors of the said county, account for the expenditure and receired.
disposition of all monies to be by them received by virtue of this act,
and if the said trustees or either of them, or the executors or adminis-
trators of either of them shall neglect or refuse to account to and with
the supervisors for the time being for the monies by them received by
virtue of this act, and after an order for that purpose served upon them
severally, signed by the clerk of the supervisors, it shall and may be
lawful for the treasurer of the said county, and he is hereby directed to
commence and prosecute in his own name, a suit or suits for money
had and received to his use, and all damages which shall be recovered
in such suit or suits shall be applied in like manner as the monies
directed to be raised by virtue of this act
236
LAWS OF NEW YORK,
[Chap. 28.
Penalty
for neglect
by officers
on whom
duty en-
joined.
District
offlcert» to
be chosen
as la
Albany
county.
Next elec-
tion for
governor,
etc., to be
held as
formerly:
afterward,
Columbia
to choose
three and
Albany
seven as-
semblymen
Columbia
county,
courts In.
Sheriir of
Albany
county,
duty re-
Columbia
county
prisoners
And be it further enacted by the authority aforesaid. That if the said
treasurer, supervisors, assessors or collectors shall neglect or refuse to
perform the duty required of him or them by this act, the person so
neglecting or refusing shall forfeit the sum of one hundred pounds, to
be recovered in any court of record within this State, at the suit and in
the name of the said trustees or the survivors or survivor of them,
which said sum when recovered, shall be disposed of by the said trustees
in like manner as the montes to be raised by virtue of this act are to be
applied.
And be it further enacted by the authority aforesaid. That the super-
visors and other district officers in and for the said county of Columbia,
shall be elected and chosen, on the same days, and in the same manner
as the like officers are elected and chosen in the several districts in the
county of Albany.
And be it further enacted by the authority aforesaid. That the next
ensuing election for governor, leutenant governor and members for
Senate and Assembly, shall be held on the same day, and in the same
manner as tho this act had not passed. And that it shall and may be
lawfull for the freeholders and inhabitants of the said county of
Columbia yearly thereafter to elect three members to represent the
same county in assembly, and that the remainder of the said county
of Albany shall remain and continue a separate county by the name
of the county of Albany, and that it shall be lawful for the free-
holders and inhabitants of the same county of Albany yearly to
elect seven members and no more, to represent the said county of
Albany in Assembly, and that the said county of Columbia shall remain
part of the western district of this State.
And be it further enacted by the authority aforesaid, That there shall
forever hereafter be held, in and for the said county of Columbia an
inferior court of common pleas and a court of general sessions of the
peace, and that there be in the said county of Columbia, three terms in
every year to commence and end in the days following, to wit, the first
term to commence on the second Tuesday in January, and to end on
Saturday next ensuing inclusive the second term to commence on the
second Tuesday in May, and to end on the Saturday next ensuing
inclusive, and the third to commence on the second Tuesday in Sep-
tember and to end on the Saturday next ensuing inclusive. Provided
that on any of the terms aforesaid, the court may adjourn previous to
the day assigned, if the business of the court will admit, and that the
first inferior court of common pleas and general sessions of the peace
in the said county, shall be held on the second Tuesday of January
next ensuing.
And be it further enacted by the authority aforesaid. That nothing in
this act contained shall be obligatory on the sheriff of the county of
Albany to retain in his custody, prisoners from the sheriff or other oflS-
cers of the said county of Columbia for any longer term than two years
from the passing of this act, and that the sheriff of the said county of
Columbia shall remove out of the gaol of the city of Albany, within the
said two years all such prisoners as shall have been committed or sent
to the said gaol by the said sheriff of the county of Columbia.
Chap. 30.] NINTH SESSION. 237
CHAP. 29.
AN ACT to repeal certain acts respecting attomies, solicitors
and counsellors at law, and also part of the act entitled "An
act for the regulation of sales by public auction.
Passed the 6th of April, 1786.
Be it enacted by the people of the State of New York, represented in Acts
Senate and Assembly , and it is hereby enacted by the authority of the same, ^^i^f^
That the act entitled **An act making it necessary for the attornies,
solicitors, and counsellors at law, who have been licensed to plead or
practice in any of the courts of law or equity, within the late colony of
New York to produce certificates of their attachment to the liberties
and independence of America;*' and the act entitled, an act to amend
an act passed the ninth day of October one thousand sejvefi hundred
and seventy nine, relative to attornies, solicitors, and counsellors at
law shall be and the same are hereby respectively repealed. Provided
always, that every attorney, solicitor or counsellor, the suspension of Protiso;
whose licence is hereby taken off, shall, previous to his being admitted m'ade ^^
to practise, prove to the satisfaction of the court, of which he shall be attorney,
admitted attorney, solicitor or counsellor that he is of good moral char-
acter, shall be licensed by such court, and shall take the oath of abjura-
tion and allegiance, and an oath for the faithful execution of his office.
And be it further enacted by the authority aforesaid. That so much of Part of act
the act entitled "An act for the regulation of sales by public auction " JSplaied,
as requires a person who shall make application for licence to act as a
vendue master to produce a certain certificate in and by the said act
described previous to the obtaining such licence, shall be and the same
is hereby repealed.
CHAP. 30.
AN ACT respecting the terms of the courts in the counties of
Queens, Ulster, Orange, Richmond and Westchester.
Passed the 6th of March, 1786.
Whereas the terms of the inferior courts of common pleas and gen-
eral sessions of the peace in the counties of Queens, Ulster, Orange,
Richmond and West-Chester, are found to be insufficient for the dis-
charge of the necessary and encreasing business in the said courts.
Therefore
Be it enacted by the People of the State of New York represented in Oourtsin
Senate and Assembly and it is hereby enacted by the authority of the same, ^Jj^fes,
That there shall be three terms of the inferior courts of common pleas, additional
and general sessions of the peace in the said counties of Queens, Orange, *®"°*'
Richmond and West Chester respectively, in every year : and that the Queens
terms of the inferior court of common pleas and of the general sessions ^'^"^'y-
of the peace, in the county of Queens, shall hereafter commence on the
first Monday in June the second Monday in November and the first
Monday in February in every year, and shall continue until the several
Saturdays next following, inclusive ; and the terms of the inferior court
238 LAWS OF NEW YORK, [Chap. 31.
Orange of common pleas and of the general sessions of the peace, in the county
county. q£ Orange shall be held alternately at the court house in the new city, and
at the court house in Goshen, and shall after the first day of January
next commence on the second Tuesdays in February May and October,
in every year, and shall continue until the several Saturdays next fol-
Richmond lowing inclusive : the terms of the inferior court of common pleas and
county. q£ ^YiQ general sessions of the peace in the county of Richmond, shall
hereafter commence on the first Monday in May, and the fourth Mon-
days in September and January in every year, and shall continue until
the several Saturdays next following respectively, inclusive ; and the
West- terms of the inferior court of common pleas, and of the general sessions
cowatj. oi the peace in the county of West Chester, shall hereafter commence
on the fourth Mondays in May, September arid January, in every year,
and shall continue until the several Saturdays next following, inclusive.
Ulster And be it further enacted by the authority aforesaid^ That there shall
^"° ^* be four terms of the inferior court of common pleas, and two terms of
the court of general sessions of the* peace in the county of Ulster in
every year ; that one court of common pleas, and a court of general
sessions of the peace for the said county shall hereafter commence on
the first Tuesday in May, and shall continue until the Saturday next
following, inclusive; one court of common pleas shall commence on
the first Tuesday in January, and shall continue until the Saturday next
following inclusive; and one court of common pleas and a court of
general sessions of the peace shall commence on the third Tuesday in
September, and shall continue until the Saturday next following, inclu-
sive ; and another court of common pleas shall commence on the first
Tuesday in July, and shall continue until the Saturday next following,
inclusive.
Process Is- And be it further enacted by the authority aforesaid^ That all process
returnable issued out of the said respective courts, and made returnable on the
onflr^daj usual return days, and all recognizances by which any person or persons
term shall be bound, to appear on the usual return days, shall be deemed re-
turnable, and are hereby respectively required to be returned on the
first day of the said terms respectively next succeeding, the passing of
this act and all actions and proceedings shall be and hereby are contin-
ued until the first day of the several last mentioned terms.
Courts And be it further enacted by the authority aforesaid^ That it shall and
journ be- may be lawful for each of the said courts respectively, when they shall
day speci- conceive the due administration of justice will admit thereof, to adjourn
fled. the said courts respectively, to the succeeding term on any day pre-
ceeding the last day, to which the power of holding such of the said
courts is hereby extended as aforesaid : and all ptocess which shall be
issued out of the said courts respectively, in the ^succeeding vacation,
shall bear test the day on which the said respective courts shall have
adjourned,
CHAP. 31.
AN ACT for compleating the court house and goal in the county
of Dutchess.
Passed the 6th of April. 1786.
Whereas it is represented that the sum directed to be raised in and
by the act entitled " An act for building a court house and goal in the
county of Dutchess and for other purposes therein mentioned," is in-
adequate to compleat the said court house and goal. Therefore
Chap. 31.J NINTH SESSION. 239
Be it enacted hy the People of the State of New Yorky represented in Dutchess
Senate and Assembly y and it is hereby enacted by the authority of the samCy ^U^uiora"'
That the supervisors of the several precincts in the said county for the ^ i«y addi-
time being, shall be and they are hereby authorised and required to for court-
direct to be raised and levied on the freeholders and inhabitants of the ^2Su* *"^
said county, a further sum not exceeding two thousand pounds, for
compleating the said court' house and goal, with an additional sum of
nine pence in the pound for collecting the same ; which said sum shall
be raised, levied, and collected in the like manner as the sum of one
thousand hv^ hundred pounds is, in and by the before recited act,
directed to be raised levied and collected.
And be it further enacted by the authority aforesaid^ That the super- Supeiris-
visors of the said county of Dutchess shall meet for the purpose of JSS whS^
dividing the said sum to be raised, and levied by virtue of this act, at ^ 'o**^-
the dwelling house of Stephen Hendrickson of Poughkeepsie in the said
county on the first Tuesday of May next : and it is hereby made the*
duty of the clerk of the supervisors of the said county to notify the
respective supervisors of such meeting : and that the said sum shall be
collected and paid into the treasury of the said county, on or before the
first day of October next.
And be it further enacted by the authority aforesaid^ That it shall and Persons to
may be lawful for the supervisors of the said county of Dutchess, at pointed to
their first meeting after the passing of this act, to appoint one or more J"P|'^**J
fit person or persons, which person or persons when so appointed as penditure
aforesaid, shall superintend and direct the compleating the said court o'™od*«^
house and goal in the said county, in such manner as to him or them
shall appear most eligible, and consistent with ceconomy and the advan-
tage of the county ; and shall and may contract with workmen, purchase
materials, and employ an overseer of such workmen, and from time to
time draw upon the treasurer of the said county for such sums of money
for the purposes aforesaid, as shall be paid into the treasury by virtue
of this act : and the said treasurer is hereby required, out of the monies
aforesaid to pay to the order of such person or persons so appointed, as
aforesaid, the several sums to be by him or them drawn for :
And it is hereby made the duty of such person or persons so to be
appointed as aforesaid, to account with the supervisors of the said
county for the monies hy him or them received, when thereunto re-
quired.
And be it further enacted by the authority aforesaid^ That it shall and flupervls-
may be lawful for the supervisors of the several precincts in the said SSkioni
county to contract for and take a grant and conveyance in their own landsjor
names for the use of the said county of Dutchess of a small piece or house yard
parcel of ground adjoining the said court house and goal and now in
the possession of Ebenezer Badger for the purpose of enlarging- the
yard to the said court house and goal : and the said supervisors are
hereby required to draw upon the treasurer of the said county for the
purchase money of the said piece or parcel of land, to be paid out of
the monies received by the said treasurer by virtue of this act and it is
hereby made the duty of the said treasurer to pay the said purchase
money out of the monies received by him as aforesaid.
And be it further encuted by the authority aforesaid That it shall and County
may be lawful for the said treasurer to retain in his own hands six pence J J^"/*''
in the pound for his trouble in receiving and paying out the monies
directed to be raised by this act and the act herein before recited.
240 LAWS OF NEW YORK. [Chap. 33.
CHAP. 32.
AN ACT to enforce the payment of certain monies assessed in
, Suffolk county..
Passed the Sth of April, 1786.
Whereas it hath been represented to the legislature of this State, that
during the late war assessments were made in many of the towns in the
county of Suffolk for the support of the poor and other contingent
expences certain proportions of which are still unpaid. Therefore,
Suffolk Be it enacted by the People of the State of New York represented in
payment ^^'^^^^ ^^^ Assembly and it is hereby enacted by the authority of the same^
of anreare That it shall and may be lawful for the supervisors of the several towns
Sn^^er i^ the Said county, or the major part of them, in every case where such
f*di^*r[" assessments remain in the whole or in part unpaid, to deliver a copy of
the war."' such assessment together with their warrant under their hands and seals
to the collector of the town in which such assessment was made, requir-
ing him to levy and collect the several sums which shall appear to the
said supervisors to be due and unpaid by the several persons in such
town, according to such assessment for the support of the poor, and
other contingent expences made as aforesaid within such town during
the late war: and the collector shall proceed in levying and collecting
the several sums by him to be collected, in like manner as it is directed
in and by the act, entitled, "An act for the settlement and relief of the
poor,'* passed the seventeenth day of April, one thousand seven hundred
and eighty four, and shall pay the monies so by him to be collected into
the hands of the overseers of the poor of the town to which he shall
belong, and such overseers of the poor shall discharge the debts for
which such assessments were originally made.
CHAP. 33.
AN ACT to compel collectors and constables to give security.
Passed the 13th of April, 1786.
Whereas the freeholders and inhabitants of the cities and counties of
this State have sustained considerable losses by the insolvency and mis-
conduct of collectors and constables in the said cities and counties: for
remedy whereof
CoUectoTB, Be it enacted by the People of the State of New York^ represented in
St7 bonds Senate and Assembly, and it is hereby enacted by the authority of the same
^ be That every collector hereafter to be chosen for any of the wards in the
given y. ^.^^ ^^^ county of New York immediately after he shall be elected and
before he shall enter upon the business of the said office of collector,
shall enter into a bond with sufficient security to the mayor aldermen
and commonalty of the said city in such sum as the said mayor or
recorder and any two aldermen of the said city, for the time being, shall
think proper, well and faithfully to execute the office of collector of such
ward as he shall be so elected for, during the time he shall continue to
be collector.
Chap. 33.] NINTH SESSION. 241
And be it further enacted by the authority aforesaid That if the col- J^J'*,
lector of any of the respective wards within the city and county of New felted,^!-
York shall not comply with the condition of the bond or obligation, diSrJoSSSn
above directed to be given, whereby the penalty of such bond or obli- 0/ penalty,
gation shall be forfeited, in such case it shall be lawful for the said
mayor aldermen and commonalty of the said city of New York to sue
for and recover the same with costs of suit in any court of record within
this State, and the monies that shall be recovered in such suit or action
shall be applied towards making good any such difficiency as shall hap-
pen by reason or means of the neglect or misconduct of such collector
And be it further enacted by the authority aforesaid^ That every col- CoUecton
lector hereafter to be chosen in each and every of the towns, manors etc ^bonig
precincts or districts within this State shall previous to his collecting *? ^ .
any and every tax enter into bond or obligation with sufficient security, ^^^^ ^'
to the clerk of the town, manor, precinct or district for the time being,
whereof he is elected collector in double the sum to be by him collected,
to be ascertained from the tax list, delivered to such collector, by the
superviser assessor or clerk or any of them well and faithfully to execute
the office of collector of such respective town, manor precinct or dis-
trict during the time of his continuing to be collector.
And be it further enacted by the authority aforesaid^ That if any col- Recovery
lector of any town, manor, precinct or district shall not comply with the SRion o?*^
condition of the bond or bonds obligation or obligations above directed P^Q^ity*
to be given, whereby the penalty of such bonds or obligations shall be
forfeited, in such case it shall and may be lawful for the clerk of the
same town, manor, precinct or district, for the time being by the name
of the clerk of such town, manor, precinct or district for the time being
to sue for and recover the same with costs of suit in any court of record
within this State, and the monies that shall be recovered in any such
suit or action shall be applied towards making good any deficiencies that
may happen by reason or means of the neglect or misconduct of such •
collector.
And be it further enacted by the authority aforesaid^ That every con- Constablee
stable hereafter to be chosen in each respective ward town, manor, pre- ^Sd£?
cinct or district within this State (unless he shall make oath before a
magistrate at the time of his being so chosen that he was chosen against
his inclination) within eight days after he shall be elected, and before
he shall enter upon the business of the said office of constable shall
enter into bond or obligation with sufficient security in the sum of one
hundred pounds, well and faithfully to execute the office of constable of
such respective city, town, manor, precinct or district for which he shall
be so chosen as aforesaid ; which bond in the city of New York shall
be given to the mayor aldermen and commonalty, and in each of the
other counties of this State to the clerk of the town manor precinct or
district for which such constable shall be chosen.
And be it further enacted by the authority aforesaid^ That if any con- Recoreiy
stable hereafter to be chosen shall not comply with the condition of the Jufon^o?*^
bond or obligation above directed to be given, in such case it shall and penalty,
may be lawful for any person or persons aggrieved by the misconduct
or negligence of such constable or constables to cause a suit to be com-
menced on such bond in any court of record within this State : and if
the defendant in any such action or actions so to be commenced shall
make default, or if it shall appear that the said constable hath been
guilty of neglect or misconduct, judgment shall be entered for the pen-
alty of such bond and a writ shall thereupon issue to inquire what dam-
ages the person or persons at whose instance such suit shall be com-
Vol. 2. — 31
'242
LAWS OF NEW YORK.
[Chap. 34.
Process,
to whom
Issued.
menced, hath sustained, and execution shall issue for the damages so
found with costs, and such damages so found when recovered, shall be
paid to the person or persons at whose instance such suit shall be prose-
cuted. And it shall and may be lawful for any other person who may
be aggrieved by the negligence or misconduct of such constable to cause
a writ of scire facias to be issued on such judgment, and to recover his
or her damages in the manner aforesaid. Provided always^ that such
action or actions be commenced within one year from the time that the
cause of such action or actions shall accrue.
And be it further enacted by the authority aforesaid^ That in all suits
and matters cognizable before a justice or justices of the peace, it shall
be lawful for the justice and justices to issue process to the constable
of any ward, town, manor, precinct or district in the same city or
county, any law usage or custom to the contrary notwithstanding.
Petition
forap-
poiDiment
of trustees
of debtor's
estate.
What cred-
itors can-
not peti-
tion.
CHAP. 34.
AN ACT for the relief of insolvent debtors.
Passed the 13th of April, 1786.
Whereas insolvent debtors, who in order to obtain a general dis-
charge, are willing to deliver up all their effects to their creditors, are
often prevented from doing it by a few of them, to the great prejudice
of the rest, and to the injury of trade; therefore,
Be it enacted by4i^t^eople of the State of New York, represented in
Senate and Assembly, ana it is hereby enacted by the authority of the same.
That it shall and may be lawful for any debtor who now is or hereafter
shall be insolvent, in conjunction with so many of his or her creditors,
or the attorney or attornies of such creditors as have, or shall have debts
owing to them by the said debtor, amounting at least to three fourths of
all the money owing by the said debtor, whether the same be then due,
or payable at some future time or times, in order to a general discharge,
to present a petition to the supreme court, or in the vacation to one or
more of the judges, or if the said debtor be arrested, to the court or any
one of the judges of that court out of which any process against such
debtor issued, praying that the said debtors estate may be delivered to
one or more such person or persons, as the said petitioners or a majority
of them in respect to their demands on the said debtor shall nominate,
to receive and dispose of the same for the use of all his or her creditors.
And be it further enacted by the authority aforesaid. That no person
having any mortgage judgment or assignment or other security of, or
upon any lands, tenements, or hereditaments, goods, or chattels, or thing
or things, in action whatsoever either to him or her, or to any other
person, in trust for him or her, for securing the payment of any sum, or
sums of money, from such debtor; shall for such sum or sums become
or be considered a petitioner for the relief of such debtor; unless such
person shall upon signing the petition of such debtor, add to his or her
name subscribed to the same petition a declaration in writing that he or
she doth thereby relinquish and give up to the assignee or assignees to
be appointed in consequence of such petition, such mortgage judgment
assignment or other security for the benefit of all the creditors of such
debtor: and all such mortgages jydgments assignments and securities so
relinquished as aforesaid, and the lands, tenements, hereditaments, good
Chap. 34.] NINTH SESSION. 243
and chattels and things in action so mortgaged or assigned, or affected
by such judgment shall with the residue of such debtors estate vest in
the assignee or assignees of such debtors estate for the purposes aforesaid.
And be it further enacted by the authority aforesaid^ That every such Debtor to
debtor within four days after the presenting such petition, shall deliver {IfyJJSory
in writing a full and true account of all his or her creditors, and the under oatb
monies owing to them respectively by the said debtor, and also a full
and true inventory and account of all the estate both real and personal
in law and in equity of such debtor, and of all books vouchers and
securities relating to the same; and the said judge or judges shall there-
upon administer to such debtor an oath or affirmation to the following
effect
I do solemnly swear in the presence of Almighty God (or Form of
being of the people called Quakers, do sincerely and truly declare and ^*^^'
affirai) that the account now by me delivered is a just and true account
of all my creditors and of the monies owing by me to the best of my
knowledge or remembrance, and that the inventory and account now
delivered by me is a just and true account of all my estate real and per-
sonal both in law and in equity either in possession reversion or remain-
der, and that I have not, directly or indirectly, sold, leased, assigned or
otherwise disposed of, or made over, either in trust for myself, or other-
wise, except as set forth in the same account, any part of my estate
real or personal, for my future benefit, or in order to defraud my credi-
tors. So help me God.
WTiich oath or affirmation being taken by such debtor, notice shall be
given by the petitioners to all the creditors of such debtor, by advertis-
ing the same in two or more of the public news papers, to show cause
if any they have, by such a day as shall be appointed by the court, or
one or more of the judges, why an assignment of the said debtors estate
should not be made, and the debtor discharged. At which day if no
sufficient cause to the contrary appear, the court or any one or more of
the judges, shall direct a grant or assignment of all such debtors estate
both in law and equity to be made by such debtor to the person or per-
sons nominated by the petitioners or a majority of them in respect to
the amount of their just demands on the said debtor; and upon such
debtor producing a certificate under the hand and seal or the' hands and
seals of the assignee or assignees, executed in the presence of two wit- Discharge
nesses, tliat such debtor has granted, conveyed, assigned and delivered fl^^^
for the use of his or her creditors, all his or her estate real and personal, prison,
both in law and equity ; except as herein after is mentioned ; and all
the books vouchers and securities relating to the same ; they shall dis-
charge such debter if in prison, from his imprisonment, which discharge
or the record thereof in the minutes of the court from whence the pro-
cess issued, shall be a sufficient warrant to the sheriff or goaler for sett-
ing such prisoner at large.
And be it further enacted by i/ie authority aforesaid, That every such Where
debtor who shall, before the delivery of such petition, have become bail Habie on
in any cause, on account of which he has reason to think, judgment may *>•*! ^ond-
be had against him, and shall make oath, that at the time he so became
bail, he had a clear estate, sufficient to answer any demand that could
with any probability be made upon him as bail, may add to the account
of the creditors, and the monies owing by him before directed to be
given, an account of the manner of his becoming bail, and annex such
a sum as he imagines he will be liable to pay on that account, and then
the assignees shall reserve in their hands for the space of one year and
a half such a dividend as a creditor for the like sum would have a right
244 LAWS OF NEW YORK. [Chap. 34.
to receive, and after judgment obtained against any such debtor, the
person obtaining the same, shall be considered in every respect as
another creditor, whose debt was due before the delivery of the petition;
but if in the space of one year and a half after the petition is delivered,
no judgment shall be obtained against such debtor, the monies so
reserved shall be divided among the other creditors, in the same man-
ner as the rest of such debtors estates, and such debtor shall be dis-
charged from all obligations as bail in the same manner as if the sum so
annexed to the account of his creditors were paid: and if judgment
shall be obtained against such debtor as bail for any sum, within one
year and an half after the petition is delivered, and after the division of
the produce of his or her estate among his or her creditors, and the
said debtor should have omitted either wholly or in part to annex the
said sum to the account delivered, the person obtaining such judgment,
shall recover against the said debtor either for the whole or the part
omitted, as the case shall happen to be, so much as the other creditors
of the said debtor ought to have received for a like just debt, and no
more: Provided always^ that the sum for which judgment is obtained
against such debtor, being added to the account of his or her creditors,
and of the monies owing to them, before directed to be given, the debts
owing by him or her to the petitioning creditors, shall still appear to
have been three fourths of all that was owing by the said debtor.
Debts not And be it further enacted by the authority aforesaid^ Thall * all other per-
bate of" sons who have given credit to such debtor, on a valuable consideration,
Interest on. for any sum of money, or other matter or thing, which is, or shall
not be due or payable at or before the time of the delivery of the peti-
tion, shall and may be admitted and considered as creditors whose debts
are then due, and shall receive a dividend of such debtors estate in the
same proportion as the other creditors, deducting thereout only a rebate
of interest, at the rate of seven per cent for what shall be received on
such debts, (unless such debts shall be payable with interest), to be com-
puted from the actual payment thereof, to the time they would have
become due.
Pojer and And be it further enacted by the authority aforesaid^ That such assignee
of as^*^ ^ or assignees, shall have power and authority to dispose of all the real
sigoees. ^nd personal estate of such debtor which shall be assigned to him or
them, or which ought, by virtue of this act to be assigned to him or
them, and to convert the same into money; to execute good and suffic-
ient deeds for such real and personal estate, to redeem all mortgages,
and conditional contracts, and satisfy all judgments, and to recover in
his or their own name or names all such real and personal estate of such
debtor, and all deeds books of accounts and papers respecting the same,
and shall have full power and authority to refer to arbitration, settle,
compound, or agree with any person indebted to such debtor, in such
manner as shall from time to time appear to such assignee or assignees
most advantageous to the creditors of such debtor; and shall within the
space of one year proceed to make a division of all the money which
shall come to his or their hands of such estate first giving three months
notice of the time and place of making such division by advertising the
same in two or more of the public newspapers printed in this State; and
if the whole be not then settled, shall within the space of one year there-
after, make a second division of such monies as may come to his or their
hands after the first division and so from year to year until a final settle-
ment thereof, and a just and equal division of the whole be made.
* So in original.
Chap. 34,] NINTH SESSION. 245
And be it further enacted by the authority aforesaid^ That the assignees Meeting oi
shall at least one month before a division be made appoint a day by Sispu^*
advertising the same in two or more of the public news papers, for a claims,
general meeting of all such creditors as shall choose to attend, to exam-
ine and ascertain the debts due to each creditor ; and in case of any con-
troversy relating to such debts, it shall be determined in the following
manner, that is to say, the assignees shall nominate two referees, not
being creditors of the debtor, and the creditor whose debt is in contro-
versy shall nominate two others, and their names shall be seperately
written on four pieces of paper, as nearly of the same size as possible,
which shall be rolled up in the same manner, and put into a covered
box, and from thence one of the assignees shall draw out three of the
said pieces of paper, and the persons whose names are so drawn shall
finally settle such controversy, and if any referee so appointed shall
refuse or be incapable of acting in a reasonable time, a new choice shall
be made in the same manner, and in case any such creditor shall refuse
to nominate referees on his part, the assignees are hereby impowered to
nominate them for him.
And be it further enacted by the authority aforesaid, That the assignee or Oath to be
assignees shall immediately after the assignment^ take an oath or affirm- S^i^qSm.
ation to be administered by the court, or any one of the judges, well
and faithfully to manage the debtors estate and keep and render a true
account of all that shall come to his or their hands, of the same; and
for that purpose shall keep Tegular books of accounts, to which every
creditor at all reasonable times, may have recourse; and for the care
and trouble incumbent on the assignees they shall be allowed out of the
debtors estate, such a consideration as the petitioners or a major part
of them shall agree and fix upon.
And be it further enacted by the authority aforesaid, That for the more Proceed-
full discovery for the estates of such debtors, the court or any one of diMover
the judges at the request of the assignees, shall have full power, and are property,
hereby required to summon, and examine on oath, or affirmation such
debtor or his wife, and every other person whatsoever knovm or sus-
pected to detain any part of the said debtors estate, or to be indebted
to it ; and in case any person on such summons shall refuse to attend,
having no reasonable excuse, or shall refuse to be sworn, or if a Quaker
to affirm, then it shall and may be lawful for the said court, or any of
the judges, to commit the person so refusing to gaol, till he or she shall
submit to be examined concerning what he she or they may know
relating to such estate, and if any such person or persons shall willfully
and knowingly affirm or swear falsely, the person or persons so offend-
ing shall be liable to the same pains and penalties as those are who are
convicted of willful and corrupt perjury.
And be it further enacted by the authority aforesaid, That no suit in Proof of
equity shall be commenced by any assignee, without the consent of the diviSon of
majority of the petitioners with respect to the amount of their debts as ©etate.
aforesaid, at a meeting held for that purpose: and if any creditor shall
neglect or refuse to give notice * to give notice of, and prove his or her
debt within one year and an half after the assignment, and a division
of the whole estate be made, such creditor shall not be entitled to a
dividend, and the whole money shall be divided by the assignees among
the other creditors ; but in case the whole of such debtors estate shall
not be divided and settled by the time hereby appointed for the first
division, and such creditor shall prove his debt before the time
• So in original.
246 LAWS OF NEW YORK. [Chap. 34.
appointed for the second division, then such creditor shall before a
second division be made among the other creditors have his first divi-
dend, or so much money as he would have been entitled to on the first
division, had his debt then been proved, but no creditor shall be
admitted to prove his debt in order to intitle himself to a share in the
debtors estate, after the second division, but shall by this act be
debarred from any share thereof.
Debtor dis- And be it further enacted by the authority aforesaid^ That every such
aS debto debtor having given up his or her estate and conformed in all things to
due at time the directions of this act, shall be discharged from all debts due at the
ment.*° time of the assignment, or contracted for before that time, though pay-
able afterwards; and if prosecuted for any such debt or contract, may
plead the general issue, and give the special matter in evidence.
Penalty for And be it further enacted by the authority aforesaid^ That in case any
eS?,*iS'* ^^^^ debtor shall be guilty of perjury, by concealing any part of his or
debtor. her estate or effects, or shall after the assignment of his or her estate by
virtue of this act, receive any debt or debts due to him or her before,
or he or she shall secret any part of his or her estate, or any books or
writings relating thereto, with an intent to defraud his or her credi-
tors, then and in every such case the discharge of the said debtor under
this act shall be void, and his person and estate be subject to the pay-
ment of all his former debts, as well to his petitioning creditors as
others.
JuriBdio- And be it further enacted by the authority aforesaid^ That when any
courto. debtor is arrested by process out of the supreme court, and also by pro-
cess out of an inferior court, the petition shall only be made to the
supreme court, or one of the judges thereof in the vacation.
Costa of Provided always^ and be it enacted by the authority aforesaid^ That
meif^'how ^ costs of suit, prison and gaol fees shall be first paid, and then deduct-
paid; ing all such costs, charges and expences as shall be necessarily laid out
overp UB. ^^^ expended by the assignee or assignees, together with their commis-
sions for their care and trouble therein, the residue shall be divided,
equally, among the creditors, in which division no preference shall be
given to debts due by specialty; but if there should be an overplus after
all the creditors are fully satisfied for all their just demands, it shall be
paid by the assignees to the debtor, his or her executors or administrators.
Proof to And be it further enacted by the authority aforesaid That no such
ed beSi?" debtor shall be discharged until every petitioning creditor shall swear,
dg*>tor dl»- or if of tne people called Quakers affirm, that the sum annexed to his
o arge . ^^ j^^^ name in the account exhibited by the debtor of all his creditors,
is justly due to him or her, or will become due to him or her, at some
future time, meaning the time when; and that he or she hath not
received from such debtor any payment of part of his or her demand
against such debtor in money, or by sale, conveyance, assignment or
delivery of any lands, tenements hereditaments goods chattels or any-
thing or things in action upon any express or secret or implied contract
promise engagement intent trust or confidence, that he or she should
become a petitioner for or in behalf of such debtor and in case such
petitioning creditor be out of this State, and petitions by attorney, then
instead of the oath or affirmation of the principal it shall be sufficient
if the attorney who shall sign such petition swears, or if of the people
called Quakers, affirms, that he verily believes that the sum claimed by
him for the person or persons for whom he acts, is justly due to him,
her, or them, or will become due to him, her, or them at some future time,
naming the time when; and that he the said attorney hath not, and that
he doth not know nor believe that the person or persons for whom he
Chap. 35.] NINTH SESSION. 247
acts, hath or have received any part of his, her, or their demand, in
money or by sale, conveyance, assignment or delivery of any lands
tenements, hereditaments goods chattels or any thing or things in
action, upon any express or secret or implied contract promise, engage-
ment, intent trust or confidence, that such attorney or the person or
persons for whom he acts should become a petititioner or petitioners
for or in behalf of such debtor. Provided always^ That nothing in this
act contained, shall be construed to deprive landlords of the right of
distraining for or securing their rents, which by law they had before '
the making of this act
And be it further enacted by the authority aforesaid, Thiat if any person Act maybe
be sued for any matter or thing done by virtue of this act, it shall be SJiSenci!*
lawful for him to plead the general issue, and give the special matter in
evidence.
And be it further enacted by the authority aforesaid. That the court. Court to
judge or judges, to whom the petition of any insolvent debtor or debtors OTtoretl^
shall be presented, are hereby respectively authorised to allow every ^^'^'JL
such debtor to retain such articles of wearing aparel and beding as in ^™^
the opinion gf such court judge or judges shall be reasonable and
necessary for the family of such debtor, and also the arms and accou-
trements, if any there be mentioned in such inventory, required by the
law for regulating the militia, to be provided by every enroled citizen. '
CHAP. 35.
AN ACT for revising and digesting the laws of this State.
Passed the 15th of April, 1786.
Whereas by the constitution of this it is declared that such parts Preamble,
of the common law of England, and of the statute law of England and
Great Britain, and of the acts of the legislature of the Colony of New
York, as together did form the law of the said Colony on the nine-
teenth day of April in the year of our Lord one thousand seven hun-
dred and seventy five, (except such parts thereof as are by the said
constitution abrogated) shall be and continue the law of this State ;
subject to such alterations and provisions as the legislature of this State
shall from time to time make concerning the same. And whereas such
of the said statutes as have been generally supposed to extend to the
late Colony and to this State are contained in a great number of vol-
umes, and those statutes as well as the acts of the legislature of the late
Colony are conceived in a stile and language improper to appear in the
statute books of this State ; Therefore
Be it enacted by the People of the State of New York, represented in Samuel
SencUe and Assembly, and it is hereby enacted by the authority of the same, ^^^^^^
That Samuel Jones and Richard Varick Esquires shall be and hereby Varick to
are authorised and appointed to collect and reduce into proper form EnTSsh
under certain heads or titles of bills all the said statutes and lay the same aya j^oio-
bills before the legislature of this State from time to time as they shall in^roice.
prepare the same, and that they the said Samuel Jones anJ Richard
Varick Esquires also collect and reduce all the public acts of the late
Colony which yet remain in force into the proper form under certain
heads or titles of bills, and lay the same bills before the legislature from
time to time as they shall prepare the same that such of them as shall
be approved of by the legislature may be enacted into laws of this State,
248 LAWS OF NEW YORK. [Chap. 35.
to the intent that when the same shall be completed then and from
thence forth none of the statutes of England or of Great Britain shall
operate or be considered as laws of this State.
Oomplla- And be it further enacted by the authority aforesaid^ That when all
paMed^by" such of the Said statutes so to be collected and reduced into proper
legialatuie. forms shall be enacted into laws of this State and all such acts of the
late Colony as shall by the legislature be deemed proper and shall be so
enacted as aforesaid then the said Samuel Jones and Richard Varick
Esquires shall collect revise and digest all the laws of this State then
in force passed by the legislature thereof since the revolution, and pre-
pare the same for the press, to be printed in so many volumes as the
said Samuel Jones and Richard Varick Esquires shall deem proper, and
they are hereby directed to cause to be inserted in the said work the
title ot all acts that shall have been passed by the legislature of this
State, and to distribute each act into one chapter, and to subdivide each
act into sections, and abstract the substance of each section on the
margin and distinguish and note in the margin which of the said acts
were temporary and whether iexpired, revived or repealed, and when ;
and to examine and correct the press ; and to make an index and table
to each volume of all the principal matters contained therein, alphabet-
ically digested, with reference to each matter in every act, section and
page ; and to make references from one act to another where the mat-
ter in one act may have relation to any principal matter in another.
Titles only And be it further enacted by the authority aforesaid^ That it shall and
act8*^be^ may be lawful to and for the said Samuel Jones and Richard Varick
printed. Esquires to cause only the titles of such acts as shall not then be in
force to be printed, noting on the margin when such act expired or was
repealed.
Two yeara And be it further enacted by the authority aforesaid That the said
for*com- Samuel Jones and Richard Varick Esquires shall be, and they hereby
pUation. are allowed the space of two years to complete the said work ; and shall
respectively be allowed for the same, at and after the rate of four hun-
dred pounds for every year.
Printing of And be it further enacted by the authority aforesaid^ That it shall and
theUwB. j^^y ^g lawful for the said Samuel Jones and Richard Varick Esquires
and they are hereby authorised to cause the said work to be printed on
the best paper in large folio, and with the usual types for such work ;
and to agree with a printer to do the said work on such terms and for
such consideration as they may think fit. And further that such printer
shall deliver at least three hundred copies of the said work completely-
bound in calf skin to the treasurer of this State, to be by him retained
subject to the future order of the legislature.
Appropria- And be it further enacted by the authority aforesaid^ That when such
forprint*^ printer shall produce to the treasurer of this State a certificate from the
ing. said Samuel Jones and Richard Varick Esquires certifying that the
work undertaken by the said printer is faithfully performed according
to the agreement made with such printer, and specifying the sum due
to such printer according to such agreement, it shall and may be lawful
to and for the treasurer of this State to pay such printer such sura so
due for the said work, out of any monies in the treasury, not otherwise
specially appropriated.
Public reo- And be it further enacted by the authority aforesaid^ That the said
be^*?*^ Samuel Jones and Richard Varick Esquires shall and may from time to
amined. time have access to and be permitted to examine any of the records
books or papers in any of the public offices of this State, without fee
or reward.
Chap. 37.] NINTH SESSION. 249
CHAP. 36.
AN ACT to alter the mode of making assessments in Dutchess
county.
Passed the 15th of April, 1786.
Be it enacted by the People of the State of New Yorky represented in Assessoiv.
Senate and Assembly, and it is hereby enacted by the authority of the same^ SutchSs *
That the sixth section of an act, entitled an act to divide Dutchess county,
county into precincts, and to repeal the act therein mentioned, and the
act entitled. An act directing when the supervisors and assessors of
Dutchess county shall meet, §hall be and hereby are repealed so far
forth as the same or either of them relate to the meeting of the asses-
sors. And further that it shall be lawful for the assessors of the respec-
tive precincts in the said county to meet in the precincts for which they
are respectively elected assessors, to make assessments for raising the
necessary and contingent charges of the said county apportioned to
such precinct, in the same manner as the other taxes in the same county
are raised and levied.
CHAP. 37.
AN ACT for the relief of Henry Rutgers and others.
Passed the 15th of April, 1786.
In compliance with an act of the United States of America in Con-
gress assembled of the second day of June one thousand seven hundred
and eighty five
Be it enacted by the People of the State of New York^ represented in HeDiyRut-
Senate and Assembly ^ and it is hereby enacted by the authority of the samcy JJtiSement
That it shall and may be lawful for the auditors appointed to liquidate of ac-
and settle the accounts of the troops of this State in the service of the ^^^^ **'•
United States to settle with Henry Rutgers late deputy muster master
general and muster master in the army of the United States ; Richard
Lush and Jacob John Lansing late deputy muster jnasters in the said
army, by allowing them what their arrears of pay and years advance
was worth in specie at the time they respectively became due, agreable
to the said act of Congress, and grant to them certificates for the same,
which certificates shall be received in payment for lands and be paid in
like manner as certificates granted to the troops in the late line of
this State in the said army of the United States for the depreciation of
their pay are received and paid.
Vol. 2. — 32
250
LAWS OF NEW YORK.
[Chap. 38.
CHAP. 38.
Preamble.
Commifl-
sionera to
liudlt and
divide ex-
penses of
settling
dispute of
title of
lands be-
tween pro-
prietors of
patents of
waway-
anda and
Cheese-
cocks;
Waway-
anda's
share.
Notice of
apportion-
ment to be
published ;
when not
AN ACT to explain and amend an act, entitled "An act to settle
and finally establish the line or lines of division between the
patents of Wawayanda and Cheescocks in the county of
Orange," passed the 17th March 1783.**
Passed the 17th of April, 1786.
Whereas it was in and by the said act enacted, that one half part of
all expences, costs and charges, that should accrue in fixing and ascer-
taining the said line or lines, or respecting the execution of the powers
given by the said act, should be paid by such of the said proprietors of
Wawayanda, as were interested in the lands disputed between the said
patents of Wawayanda and Cheescocks. And whereas a committee was
by the said act appointed for the said proprietors of Wawayanda to
manage their claims to the said disputed lands. And whereas the com-
missioners who were to be elected by virtue of the said act, were author-
ized to audit all the accounts against the said proprietors of Wawayanda,
and to adjudge and determine the particular sum with which each of
the said proprietors of Wawayanda, were chargeable towards the pay-
ment of the said accounts. And whereas the said patent of Wawayanda
has, many years ago, been divided into thirteen original rights, which
formerly did belong to John Bridges, Lancaster Symes, John Cholwell,
John Merritt, Cornelius Christianse, Dirck Van Denbergh, Daniel
Honan, Peter Mathews, Benjamin Ask, Hendrick Teneyck, Philip
Rokeby, Christopher Denn and Samuel Staats. And as it is not in the
power of the said commissioners to determine, who are the present pro-
prietors of the said thirteen original rights it is impossible to perform
what is required of them, in and by the said act. Therefore
Be it enacted by the People of the State of New York represented in
Senate and Assembly^ and it is hereby enacted by the authority of the same^
That the said commissioners or the major part of them, after they shall
have audited the said accounts, shall divide the whole amount of them,
into thirteen equal parts, and each of the said original rights, shall be
chargeable with one of those parts. And in case the proprietors of tfie
said thirteen original rights or any of them shall refuse or neglect to
pay their respective proportions of the money chargeable on the same
to the said committee of Wawayanda or one of them at the time to be
appointed by the said commissioners or the major part of them, it shall
then be lawful for the said committee or the major part of them, or the
survivors or the survivor of them or the major part of such survivors,
to sell so much of the lands tenements and hereditaments in the balloted
lots of such proprietor or proprietors, whose proportions of the said
audited accounts shall remain unpaid, as shall be necessary, to pay his
her or their respective proportions of the sum of money chargeable in
the original right under which his her or their title is derived, together
with the charges of such sale, and every sale of such lands tenements
and hereditaments, shall convey as good * an estate and title to the pur-
chaser, as the proprietor or proprietors held in the same, at the time of
making such sale.
And be it enacted by the authority aforesaid^ That the said committee
or the major part of them or the survivors or survivor of them, or of
the major part of such survivors, shall advertise in one or more of the
public newspapers of this State, the particular sum of money with which
Chap. 38.J NINTH SESSION. 251
each of the said thirteen original rights will be chargeable, and sha.. paid, lands
give notice to the said proprietors to pay their respective proportions of *^**^'^-
the said sum by a certain day to be fixed as aforesaid, at the distance
of at least eight weeks from the date of the said advertisement, other-
wise that so much of the lands in the ballotted lots belonging to such
of the said proprietors, who shall neglect to pay their respective propor-
tions, will be sold at public vendue as will be necessary to discharge the
said respective proportions of such defaulters with the charges attend-
ing the sale. Which vendue shall be held at the house of Jonathan
Archer, near Sugar Loaf in the said county of Orange on a day also to
be fixed by the said commissioners or the major part of them, and men-
tioned in the said advertisement, any law to the contrary notwithstand-
ing.
And whereas the committee appointed to manage the claims on the
part of the proprietors of Cheesecocks, have by their petition prayed
that the said commissioners may be authorized and impowered, to audit
and settle all the accounts of the expences, costs and charges that have
accrued or arisen in the management of the said controversy on the
part of the said patent of Cheesecocks. And whereas the said patent of
Cheesecocks was many years ago divided into seven original rights,
which did formerly belong to Anne Bridges, Hendrick Ten Eyck, Dirtk
Van Denburgh, John Cholwell, Christopher Denn Lancaster Symes and
John Merritt, being the original grantees named in the said letters patent.
Be it further enacted by the authority aforesaid, That the said commis- Id.; share
sioners or the major part of them shall, and are hereby full authorized chSreabie
and impowered, to audit and settle all the said accounts of the costs ^ gS^°^
charges and expences against the said proprietors of Cheesecocks, and cocks,
shall allow interest if demanded, for every sum of money that hath been,
or may be advanced by the said committee or any one of them, in the
management of the said controversy on the part of the proprietors of
the said patent of Cheesecock, and after the said commissioners or the
major part of them shall have audited and settled the said accounts,
they or the major part of them shall divide the whole amount thereof
into seven equal parts, and that each of the said original rights shall be
chargeable with one seventh part of the said whole amount. And vet
case the proprietors of the said seven original rights or any of them,
shall neglect or refuse to pay their respective proportions of the money
chargeable on the same, to the said committee of Cheesecocks or one
of them at the time to be appointed by the said commissioners or the
major part of them, it shall and may be lawful for the said committee or
the major part of them or the survivors or survivor of them or the
major part of such survivors, to sell so much of the lands tenements and
hereditaments of such proprietor or proprietors, whose proportion of the
said audited accounts shall remain unpaid as shall be necessary to pay
his her or their respective proportions of the sum of money chargeable
on the original right under which his her or their title is derived together
with the charges of such sale, and every sale of such lands tenement and
hereditaments shall convey as good an estate and title to the purchaser
and purchasers, as the proprietor or proprietors held in the same at the
time of making such sale.
And be it further enacted by the authority aforesaid. That the said Notice of
committee or the major part of them or the survivors of them, or the Sent^*^"'
major part of such survivors, shall advertise in one or more of the public when not
news papers of this State, the particular sum of money with which each £?& s*oid!
of the said seven original rights will be chargeable, and shall give notice
to the said proprietors to pay their respective proportions of the said
252 LAWS OF NEW YORK. [Chap. 39.
sum by a certain day to be fixed as aforesaid, at the distance of at least
eight weeks from the date of the said advertisement otherwise that so
much of the lands belonging to such of the said proprietors, who shall
neglect to pay their respective proportions, will be sold at public vendue
as will be necessary to discharge the said respective proportions of such
defaulters with all the charges attending the sale, which vendue shall be
held at the house of Joseph Drake at Chester in the county of Orange
on a day also to be fixed by the said commissioners or the major part
of them, and to be mentioned in the said advertisements, any law to the
contrary notwithstanding. Provided always that where any of the pres-
ent or former proprietors or owners of any^or either of the said shares
of the said patent of Cheesecocks have sold and conveyed any part of
the same share to any person or persons in severalty, then and in such
case, no part of such land so sold and conveyed in severalty, shall be
sold by virtue of this act.
CHAP. 89
AN ACT to prevent the destruction of fish in the county of
Suffolk.
Passed the 17th of April. 1786.
Whereas the fish in the bays rivers and creeks in the county of
Suffolk are greatly diminished by reason of the inhabitants fishing with
long seins or nets in the winter season, to the great damage of the
inhabitants of the said county, and of the public in general, therefore to
prevent the same for the future.
Suffolk Be it enacted by the People of the State of New York represented in
drawing of Senate and Assembly ^ and it is hereby enacted by the authority of the satne^
seines and That if any person or persons after the passing of this act, shall draw
hfbfted*" any sein or net of any length whatever, or set any sein or net more than
timesroed- ^^^ fathom in length, or with marshes less than three inches square, from
fled; pen- the first day of December to the first day of April in any year, in any
^^^' of the bays rivers creeks or waters in the said county, such person or
persons shall for every offence, forfeit the sum of fifty pounds, with costs
of suit, to be recovered in any court of record within this State, by any
person or persons who will sue for the same, the one half of the forfeit-
ure when recovered, to belong to the prosecutor or prosecutors, and the
other half to be paid to the treasurer of the said county, to be disposed
of by the supervisors towards defraying the public expences of the said
county.
PoBseasion JBe it furtJier enacted by the authority aforesaid^ That if any person or
flshdeem- Persons within the said county, shall be discovered to have in his or
ed evi- their possession any quantity of fish, or to have sold or disposed of any
guStf °' quantity of fish, from the first day of December to the first day of April
such person or persons shall be deemed guilty, and suffer the same pen-
alty as aforesaid, to be recovered and applied as above directed by this
act, unless such person or persons can bring sufficient proof, that he or
they became possessed of or caught them otherwise than by such seins
or nets as are prohibited by this act.
Possession And be it further enacted by the authority aforesaid^ That if any per-
deemed SOU or persons shall carry any sein or seins, net or nets in any fishing
•Jidenoe craft in any of the bays rivers or creeks in the said county, other than
*"* * the short seins or nets afore described, from the first day of Decembei
of guilt.
Chap. 40.J NINTH SESSION. 253
to the first day of April in any year, and shall be convicted thereof such
person or persons shall for each offence forfeit the sum of five pounds,
to be recovered by any person or persons who will sue for the same,
with costs of suit, before any of the justices of the peace of the said
county, to be disposed of as the other forfeitures by this act are directed.
CHAP. 40.
AN ACT for emitting the sum of two hundred thousand pounds
in bills of credit for the puposes therein mentioned.
Passed the i8th of April, 1786.
Whereas from the distresses occasioned by the late calamitous war
the inhabitants of this State labour under great difficulties for want of
a sufficient circulating medium.
I. Be it enacted by the People of the State of New York represented in Bills of
Senate and Assembly y and it is hereby enacted by the authority of the same^ Se amount
That bills of credit to the value of two hundred thousand pounds cur- of £200,000
rent money of New York forthwith after the passing hereof be prmted ted.
as follows (vizt.) Six thousand bills each of the value of ten pounds
four thousand bills each of the value of five pounds six thousand bills
each of the value of four pounds ten thousand bills each of the value of
three pounds ten thousand bills each of the value of two pounds twenty
four thousand bills each of the value of one pound twenty thousand bills
each of the value of ten shillings and torty eight thousand bills each of
the value of five shillings upon which bills shall be impressed the arms
of the State of New York on the right side of every of the said bills ;
and the said bills shall be in the words following By a law of the State
of New York this bill shall be received in all payments into the treasury
for New York the day of , one thousand seven hun-
dred and eighty six. Which bills shall be numbered by Evert Bancker,
Henry Remsen Jonathan Lawrence John De Peyster and William Heyer
and signed by any two of them and shall by such signers be delivered
to the treasurer of this State.
II. And be it further enacted by the authority aforesaid That the said Printing of
signers are hereby directed and empowered upon the delivery to them of printer,
of the said bills by the printer thereof to administer to him and he is
hereby directed to take an oath in the words following I do
solemnly swear and declare that from the time the letters were set and
fit to be put in the press for printing the bills of credit now delivered by
me to you, until the bills were printed, and the letters afterwards dis-
tributed into the boxes I went at no time out of the room in which the
said letters were without locking them up so as they could not be come
at without violence a false key or other art unknown to me, and there-
fore, to the best of my knowledge, no copies were printed off but in my
presence, and that all the blotters and other papers whatsoever impressed
by the said letters whilst set for printing the said bills, to the best of my
knowledge are here delivered to you together with the stamps ; and in
all things relating to this affair I have well and truly demeaned myself
according to the true intent and meaning of the law in that case made
and provided to the best of my knowledge and understanding, so help
me God. Which printer shall have a copy of this oath at the time he
254
LAWS OF NEW YORK.
[Chap. 40.
EngraTlD«:
of stamps
and coat
of arms to
be printed
on bills.
Oath to be
taken by
signers.
Distribu-
tion of bills
to loan
officers.
New York.
Albany.
Kings.
Queens.
Suffolk.
Richmond.
West-
chester.
Dutchess.
gets orders to print the said bills that he may govern himself accord-
ingly provided always that if any unforseen accident happens, such prin-
ter may have liberty to make an exception thereof in such oath declaring
fully how such accident happened. And if any more of the said bills
are printed than by this act is directed when the said Evert Bancker,
Henry Remsen Jonathan Lawrence John De Peyster and William Heyer
or any two of them, have signed the number hereby directed to be issued
they shall immediately destroy all the remainder.
III. And be it enacted by the authority aforesaid That such person as
the major part of the said signers of the said bills of credit shall agree
with shall engrave according to the directions he shall receive from the
majority of the said signers so many stamps for the sides of the said bills
and for the arms of this State as the majority of the said signers shall
deem necessary and shall deliver them to the treasurer who shall in the
presence of the majority of the said signers deliver them unto Samuel
Loudon printer, and take his receipt for the same: And when the said
Samuel Loudon has finished and completed printing the bills hereby
directed to be struck and issued he shall re-deliver the said stamps to
the said signers who are hereby directed and required to seal them up
with their several seals, and to deliver them to the treasurer who shall
deposit the same in the treasury of this State there to remain until they
shall be ordered to be made use of by any future act of the legislature
and the receipt of the said treasurer to the said signers shall be a suffic-
ient discharge for such delivery but in the case of the death, sickness or
inability of the said Samuel Loudon to print the said bills, then the
majority of the said signers shall appoint another printer for the service
aforesaid in his place which printer so appointed shall take the oath as
above directed.
IV. And be it enacted by the authority aforesaid That before the said
signers do receive any of the said bills they shall (before any of the
magistrates of the city of New York) respectively take an oath or (if
of the people called Quakers) affirmation well and truly to perform
what by this act they are enjoined as their duty and that they will not
knowingly sign more bills of credit than such as are directed by this
act.
V. And be it further enacted by the authority aforesaid That the said
treasurer shall, out of the bills of credit so signed and mumbered as
aforesaid deliver to the loan officers herein after mentioned on produc-
ing the certificates of qualifications herein after directed the sums and
quota's following to wit.
To the loan officers of the county of New York, to and for the pur-
poses herein after mentioned the sum of thirty two thousand pounds.
To the loan officers of the county of Albany to and for the purposes
herein after mentioned the sum of twenty two thousand pounds.
To the loan officers of Kings county to and for the purposes herein
after mentioned the sum of four thousand five hundred pounds.
To the loan officers of Queens county to and for the purposes herein
after mentioned the sum of eleven thousand five hundred pounds.
To the loan officers of Suffolk county to and for the purposes herein
after mentioned the sum of ten thousand pounds.
To the loan officers of Richmond county to and for the purposes
herein after mentioned the sum of four thousand five hundred pounds.
To the loan officers of West Chester county to and for the purposes
herein after mentioned the sum of nine thousand fivt hundred pounds.
To the loan officers of Dutchess county to and for the purposes herein
after mentioned the sum of seventeen thousand pounds.
Chap. 40.] NINTH SESSION. 255
To the loan officers of Orange county to and for the purposes herein Oraoge.
after mentioned the sum of ten thousand pounds.
To the loan officers of Ulster county, to and for the purposes herein Ulster
after mentioned the sum of fourteen thousand pounds.
To the loan officers of Montgomery county to and for the purposes Mont-
herein after mentioned the sum of twelve thousand pounds. gomery.
To the loan officers of the county of Washington to and for the pur- Washing-
poses herein after mentioned the sum of three thousand pounds.
For which respective sums, the said loan officers respectively shall
give receipts to the said treasurer indorsed on the clerks certificate herein
after directed: which receipts shall be to the said treasurer, his execu-
tors and administrators, a sufficient discharge if otherwise he has well
and truly performed the duty enjoined by this act.
VI. And be it further enacted by the authority aforesaid^ That before I^ui
the said loan officers do respectively enter upon their said office, every %q ^y"
of them shall give bond to the people of the State of New York, with security.
such sufficient security, as shall be approved of by one or more of the
judges of the inferior court of the county together with a majority of
the supervisors of the same county, and in the city of New York, by
any one, or more, of the judges of the supreme court, signified, by
signing such his, or their approbation on the back of the said bond,
which bond shall be in the full sum by this act committed to his charge,
with condition for the true and faithful performance of his office and
duty and that without favor malice or partiality.
VII. And be it further enacted by the authority aforesaid That each Oath to be
loan officer respectively shall take the following oath, or if of the people {Jj^" '^^
called Quakers affirmation (vizt.) ** I will according to the best offloere.
of my skill and knowledge, faithfully, impartially, and truly, demean
myself in discharge of the trust committed to me as one of the loan
officers for the of by the act entitled " An act for emit-
ting the sum of two hundred thousand pounds in bills of credit for the
purposes therein mentioned, according to the purport, true intent and
meaning of the said act, so as the public may not be prejudiced by my
consent privity or procurement " which oath or affirmation shall be
admistered by any justice of the peace and indorsed on the back of the
said bond and signed by such justice and the loan officer.
VIII. A fid be it further encuted by the authority aforesaid^ That the Bond to be
aforesaid liond indorsed with the approbation and affidavit or affirma- S}5^*of
tion aforesaid shall be lodged with the clerk of the county, who upon county
receipt thereof shall give the loan officer a certificate that such bond ^ *^
indorsed as aforesaid is lodged with him which certificate shall be
delivered to the said treasurer on his delivering to the loan officer the
bills of credit aforesaid ; which bond and indorsements shall be recorded
by the clerk, and in case of the forfeiture of the same bond the majority
of the supervisors with any one or more of the judges of the inferior
court of such county are hereby im powered to order the same to be put
in suit ; and the monies recovered by virtue thereof shall be applied to
the use of the county.
IX. And be it further enacted by the authority aforesaid That on the Loan offl-
second Tuesday in May next the judges of the inferior courts, or any Sn" Where
one or more of them, together with the supervisors (or the majority of ^ "»«•'•
them) of the several counties respectively of this State, shall meet at
the court house of the counties respectively, or if there be no court
house in any county at the place at which the inferior jcourt of common
pleas has been held the term next preceding the passing this act at
which place the majority of them shall elect two sufficient freeholders
256
LAWS OF NEW YORK.
[Chap. 40.
Loan offl-
oento be
bodies
poUtlo,
may sue,
etc.
Loan offi-
cers to let
out the
bills of
credit on
loan on
mortgage.
Examina-
tion of
title; oath
to appli-
cants for
loans.
Loans to
be made
oaprop-
of their respective counties to be loan officers for the same county, ex-
cept in the county of Orange in which county such meeting shall be at
th^ court house in the new city.
X. And be it further enacted by the authority aforesaid^ That the loan
officers of the several counties, when elected appointed and qualified
according to the directions of this act, shall respectively be bodies
politic and corporate in fact and in law, by the name and stile of the
loan officers of the county of which they are respectively loan officers
with full power to every the said bodies politic, to use a common seal,
and by the same seal and in the name of such body politic, to grant
receipts, receive mortgages, and again to grant the same, to sue and be
sued, and generally with all such powers as are necessary to be used for
the due execution of the trust reposed in the said loan-officers by this
act ; any law, usage, or custom, to the contrary in any wise notwith-
standing.
XI. And be it further enacted by the authority aforesaid ^ That when
the said loan officers respectively have qualified themselves as by this
act is directed, they shall receive the said bills of credit signed by two
of the said signers which bills of credit so signed, shall be let out to
such as shall apply for the same, and can and will give security to the
said loan officers, by mortgage on lands lots or houses lying in the same
county; they the said loan officers first giving public notice (as in other
cases is by this act directed for notice) and by advertizement to be pub-
lished in one of the newspapers printed in this State that on a certain
day at least ten days after the said notice given they will be ready to
receive borrowers qualified according to the directions of this act:
And as on that day borrowers do offer, their names and sums they apply
for shall be orderly entered in the minute book of proceedings ; and
every one shall be served according to the priority of application, if
there be no reasonable objections against the title and value of the lands
offered to be mortgaged, or som2 other sufficient reason, which shall be
entered also in the minute book of proceedings. Provided always that
if upon the first day so many borrowers do offer as to apply for a greater
sum than the whole sum in that county to be lent out ; then, and in
such case every such borrower shall be abated of the sum applied for
proportionably.
XII. And be it further enacted by the authority aforesaid That the
said loan officers respectively before they accept of any lands, lots or
houses in mortgage for any of the said bills,, shall first view, what is so
offered in mortgage, or make due enquiry respecting the vdlue thereof,
and shall examine the titles thereto, by perusing the deeds, patents, sur-
veys, and other writings and conveyances by which the same are held,
and by which the value and quantity may be better known ; and the
said loan officers respectively, are hereby empowered, and required to
administer to all persons applying for any of the bills as aforesaid, the
following oath or (if of the people called Quakers) affirmation to wit,
" I am bona fide seised in fee simple of the lands tenements
and hereditaments, by me now offered to be mortgaged, in my own
right, and to my own use, and the same were not conveyed to me in
trust, to borrow any sum or sums of money upon the same, for the use
of any other person or persons whatsoever ; and the said premises are
free and clear from any other or former gift, gr^nt, sale mortgage judg-
ment, extent, recognizance or other incumbrance whatsoever, to my
knowledge.
XIII. And be it further enacted by the authority aforesaid^ That the
loan officers of the said counties respectively, upon finding borrowers
Chap. 40.J NINTH SESSION. 257
qualified, and the loan officers being satisfied as aforesaid, are hereby yty worth
required, and by virtue of this act, have full power, to lend out the BumicMiied
bills delivered to them as aforesaid at the interest of five per cent per
annum for the term of fourteen years from the third Tuesday in June
next to come, in sums not exceeding three hundred and not under
twenty pounds, (unless the proportion as aforesaid be less) to any one
person the said loan officers, taking security for the same by way of
mortgage as aforesaid of at least double the value in lands tenements
and hereditaments; and of at least three times the value in houses
within the said respective counties, and administering an oath or affirma-
tion to the borrower as aforesaid, and the said mortgage shall be exe-
cuted before two or more witnesses signing thereto, and the substance
thereof shall be minuted in a book to be by the said loan officers kept
for that purpose in each respective county, for the making of which
mortgage and minute the borrower shall pay to the said loan officers
the sum of four shillings and no more; which mortgage and minute
shall be and each of them are hereby declared to be matter of record;
and an attested copy of the said mortgage, if in being, or of the said
minute in case the said mortgage is lost, under the hands of the said
loan officers and the §eal of the loan office shall be good evidence of
the said mortgage in any court within this State.
XIV. And be it further enacted by the authority aforesaid That the interest on
mterest of the money lent out as aforesaid shall be payable yearly on the {5J5S£i!^^
third Tuesday of June to the loan officers; and the principals of all the prinoipai.
monies lent out as aforesaid shall be paid in again in the following
manner; that is to say, one tenth part of the principal money on the
third Tuesday of June which will be in the year of our Lord one thou-
sand seven hundred and ninety one; one other tenth part thereof on
the third Tuesday of June which will be in the year of our Lord one
thousand seven hundred and ninety two; one other tenth part thereof
on the third Tuesday of June which will be in the year of our Lord
one thousand seven hundred and ninety three; one other tenth part
thereof on the third Tuesday of June which will be in the year of our
Lord one thousand seven hundred and ninety four; one other tenth
part thereof on the third Tuesday of June which will be in the year of
our Lord one thousand seven hundred and ninety five; one other tenth
part thereof on the third Tuesday of June which will be in the year of
our Lord one thousand seven hundred and ninety six; one other tenth
part thereof on the third Tuesday of June which will be in the year of
our Lord one thousand seven hundred and ninety seven; one other
tenth part thereof on the third Tuesday in June which will be in the
year of our Lord one thousand seven hundred and ninety eight; one
other tenth part thereof on the third Tuesday of June which will be in
the year of ohr Lord one thousand seven hundred and ninety nine ;
and the remaining tenth part thereof on the third Tuesday of June
which will be in the year of our Lord one thousand eight hundred.
And the respective loan officers at the lending the money are hereby
required to take th^ security or the same accordingly; and the said loan
officers for every sum paid to them shall give to the person paying the
same a receipt, and shall enter one minute of the same payment, on the
back of the mortgage and another minute thereof in the books of
accounts by them to be kept, and that without any fee or reward; but
if the borrower his heirs executors, or administrators shall see cause to
pay in, a fourth or half part or three quarters or the whole of the prin-
cipal due to the said loan officers on any third Tuesday of June before
the said third Tuesday of June one thousand eight hundred the said
Vol. 2.-33
258 LAWS OF NEW YORK. [Chap. 40.
loan officers are hereby required and empowered to receive the same
on the said third Tuesday of June annually, and no other day of the
year, unless so many do offer payment on that day that the said loan
officers cannot within the day receive the whole, and in that case, they
are to continue to receive until all who on that day offered have paid
the monies so offered; or unless he brings along with him another suf-
ficient borrower to give new security to the satisfaction of the loan
officers for the whole of the money by him paid in; and in that case
the loan officer shall accept thereof on any of their stated days of meet-
ing; and when the whole principal and interest is paid, the said loan
officers shall (if required) ^ve the party paying a release of the mort-
gage given by the borrower and shall tear off the name and seal, and
make an entry in the margin of the mortgage and in the margin of the
minute made thereof, that on such a day, and year ; such release was
made, for which release, the releasee shall pay the sum of two shillings,
and no more, and when any parts of the principal are paid in as afore-
said before the said third Tuesday of June one thousand eight hundred,
the loan officers shall at the end of that meeting compute the whole of
the principal so paid in, and give public notice of the amount thereof
by advertisements set up, and that they are ready to lend the said mon-
ies to such persons as shall appear to be qualified according to the
directions of this act to borrow the same; and in the lending and tak-
ing security shall conform themselves (as near as the circumstances of
the case can admit) to the directions herein before prescribed, and if
any monies shall remain in their hands, for want of borrowers, they
shall set up advertisements of the amount thereof and continue to do
the like, at the end of every of their stated meetings.
Vacancnrln XV. And be it further enacted by the authority aforesaid That in case
hSo^offl- ^°y ^^^^ officer shall remove out of the county, die or neglect or refuse
oer,flU- to perform the duty required or enjoined him by this act, or shall
' ^ * behave himself in his office with favor, affection partiality or malice,
whereby the public, or any private person may be injured; upon report
or complaint made thereof to any two or more of the judges aforesaid
of the county for which he is loan officer the said judges are hereby
required and commanded by summons to convene the judges and super-
visors of the same county, to meet at such time and place, as in the
said precept shall be appointed to hear and determine summarily upon
the said report or complaint; and upon sufficient proof made to any
one or more of the said judges with a major part of the said supervisors
of any death, removal, neglect or refusal in the said office as aforesaid,
then and in that case the said majority of the supervisors, with concur-
rence of one or more of the judges aforesaid, shall proceed in manner
as herein before directed to elect and are hereby required and com-
manded to elect a loan officer in the room and stead of such deceased
6r absent person, or such person who shall have neglected or refused
as aforesaid, which loan officer so elected as aforesaid having entered
into bond and been qualified in like manner as other loan officers, are
by this act directed, shall then have all the powers pifviledges and advan-
tages, and shall be subject to all the penalties, and forfeitures, which
any of the loan officers of the county as aforesaid, are vested or charged
with, entitled or subject to, by virtue of this act.
Bcdgn*- XVI. And be it further enacted by the authority aforesaid^ That if any
offloer/^*" ^^ ^^^ ^^^^ officers hereafter to be elected shall desire to be discharged
off and from the said office any one or more of the judges aforesaid
shall and may upon application of such loan officer for that purpose
issue his or their precept to summon the judges aforesaid and supenri-
Chap. 40.] NINTH SESSION. 259
sors to meet at a day and place, in the said precept mentioned ; to whom
when met the said loan officer shall produce or render an account of
his proceedings in his said office ; and if it appear upon examination
to a majority of the said judges and supervisors that the said loan offi-
cer, hath faithfully demeaned himself in the discharge of his said office,
according to the true intent and meaning of this act, then and in such
case, such loan officer, shall be discharged oflf and from his said office,
and another fit person shall be by them elected to supply his place who
shall take the same oath, or affirmation, give the like security, be sub-
ject to the like penalties, restrictions and regulations, and receive the
same salaries and advantages as the other loan officers for that county
by virtue of this act, are liable, subject or intitled unto.
XVII. And be it further enacted by the authority aforesaid^ That when Person
a loan officer shall be chosen and qualified, as herein is directed in the Jo vSlSnoy
place of a former loan officer, such former loan officer his executors or w receive
administrators, shall, upon demand, deliver to the new loan officer ^^'JJ?'*'
chosen in his place, and qualified as aforesaid all the monies, books, and o«fl»op.
papers, that were in such former loan officer's custody, belonging to his
oflSce, upon oath, or if of the people called Quakers, on affirmation
before any justice of the peace, and in case any such former loan offi-
cer, or his executors, or administrators, shall delay or refuse, to make
SQch delivery on oath or affirmation when demanded as aforesaid, the
bond of such former loan officer shall be forfeited.
XVII L And be it further enacted by the authority aforesaid^ That if Where bor-
any borrower shall neglect to bring in and pay, or cause to be brought [ectstopSr
in and paid yearly and every year on the third Tuesday in June or PJf*^^P^
within twenty two days thereafter, on one of the days, which the loan loan offl-
officers aforesaid are by this act directed to attend the respective loan ^Se^bsol
ofl5ces, the yearly interest due by his mortgage, and also the part of the lute pos-
principal as it becomes payable, then, and in either of these cases, the tSSe?"*^
loan officers to whom such mortgage was granted shall be seised of an
absolute indefeazible estate, in the lands, houses, tenements and here-
ditaments thereby mortgaged, to them, their successors and assigns, to
the uses in this act mentioned ; and the mortgagor his or her heirs and
assigns shall be utterly foreclosed and barred of all equity of redemption
of the mortgaged premises ; any law, usage, or custom, or practice in
courts of equity, to the contrary notwithstanding.
XIX. AtuI be it further enacted by the authority aforesaid^ That the Loan
loan officers shall respectively attend the loan office every year to receive 2u^d on
the monies by this act directed to be paid to them upon the third Tues- ^ji» apeci-
day of June and thereafter on the Tuesday in each week for the term
of three weeks.
XX. And be it further enacted by the authority aforesaid^ That the loan Notice of
officers shall within eight days after the last of the Tuesdays aforesaid Kids for
yearly and every year cause advertisements to be fixed at not less than default of
three of the most public places, in three or more towns, precincts or p*^™®" *
districts, of the county where the premises are situated, describing the
quantity and situatibn of the lands mentioned in the said mortgage and
giring notice that on the third Tuesday in September in the same year
they are to be sold at the court house of the respective counties where
the lands lie, by way of public vendue to the highest bidder.
XXI. And be it further eruicted by the authority aforesaid^ That the Sale of
loan oflficers of the respective counties aforesaid, shall on the said third dSSul'^'
Tuesday of September yearly, expose the lands in the mortgages fore-
closed as aforesaid, to sale at public vendue ; and upon such sale shall
convey the said lands to the highest bidder, or bidders, and the pur-
250
LAWS OF NEW YORK.
[Chap. 38.
CHAP. 38.
Preamble.
Commifl-
sioDera to
liudlt aDd
divide ex-
penses of
settling
dispute of
title of
lands be-
tween pro-
prietors of
patents of
Waway-
anda and
Cheese-
oooks;
Waway-
anda's
share.
Notice of
apportion-
ment to be
published ;
when not
AN ACT to explain and amend an act, entitled **An act to settle
and finally establish the line or lines of division between the
patents of Wawayanda and Cheescocks in the county of
Grange," passed the 17th March 1783/'
Passed the 17th of April, 1786.
Whereas it was in and by the said act enacted, that one half part of
all expences, costs and charges, that should accrue in fixing and ascer-
taining the said line or lines, or respecting the execution of the powers
given by the said act, should be paid by such of the said proprietors of
Wawayanda, as were interested in the lands disputed between the said
patents of Wawayanda and Cheescocks. And whereas a committee was
by the said act appointed for the said proprietors of Wawayanda to
manage their claims to the said disputed lands. And whereas the com-
missioners who were to be elected by virtue of the said act, were author-
ized to audit all the accounts against the said proprietors of Wawayanda,
and to adjudge and determine the particular sum with which each of
the said proprietors of Wawayanda, were chargeable towards the pay-
ment of the said accounts. And whereas the said patent of Wawayanda
has, many years ago, been divided into thirteen original rights, which
formerly did belong to John Bridges, Lancaster Symes, John Cholwell,
John Merritt, Cornelius Christianse, Dirck Van Denbergh, Daniel
Honan, Peter Mathews, Benjamin Ask, Hendrick Teneyck, Philip
Rokeby, Christopher Denn and Samuel Staats. And as it is not in the
power of the said commissioners to determine, who are the present pro-
prietors of the said thirteen original rights it is impossible to perform
what is required of them, in and by the said act. Therefore
Be it enacted by the People of the State of New York represented in
Senate and Assembly^ and it is hereby enacted by the authority of the same^
That the said commissioners or the major part of them, after they shall
have audited the said accounts, shall divide the whole amount of them,
into thirteen equal parts, and each of the said original rights, shall be
chargeable with one of those parts. And in case the proprietors of tfie
said thirteen original rights or any of them shall refuse or neglect to
pay their respective proportions of the money chargeable on the same
to the said committee of Wawayanda or one of them at the time to be
appointed by the said commissioners or the major part of them, it shall
then be lawful for the said committee or the major part of them, or the
survivors or the survivor of them or the major part of such survivors,
to sell so much of the lands tenements and hereditaments in the balloted
lots of such proprietor or proprietors, whose proportions of the said
audited accounts shall remain unpaid, as shall be necessary, to pay his
her or their respective proportions of the sum of money chargeable in
the original right under which his her or their title is derived, together
with the charges of such sale, and every sale of such lands tenements
and hereditaments, shall convey as good ' an estate and title to the pur-
chaser, as the proprietor or proprietors held in the same, at the time of
making such sale.
And be it enacted by the authority aforesaid^ That the said committee
or the major part of them or the survivors or survivor of them, or of
the major part of such survivors, shall advertise in one or more of the
public newspapers of this State, the particular sum of money with which
CHAP.38.J NINTH SESSION- 251
each of the said thirteen original rights will be chargeable, and sha^ paid, lands
give notice to the said proprietors to pay their respective proportions of ^ ^ '
the said sum by a certain day to be fixed as aforesaid, at the distance
of at least eight weeks from the date of the said advertisement, other-
wise that so much of the lands in the ballotted lots belonging to such
of the said proprietors, who shall neglect to pay their respective propor-
tions, will be sold at public vendue as will be necessary to discharge the
said respective proportions of such defaulters with the charges attend-
ing the sale. Which vendue shall be held at the house of Jonathan
Archer, near Sugar Loaf in the said county of Orange on a day also to
be fixed by the said commissioners or the major part of them, and men-
tioned in the said advertisement, any law to the contrary notwithstand-
ing.
And whereas the committee appointed to manage the claims on the
part of the proprietors of Cheesecocks, have by their petition prayed
that the said commissioners may be authorized and impowered, to audit
and settle all the accounts of the expences, costs and charges that have
accrued or arisen in the management of the said controversy on the
part of the said patent of Cheesecocks. And whereas the said patent of
Cheesecocks was many years ago divided into seven original rights,
which did formerly belong to Anne Bridges, Hendrick Ten Eyck, Dirtk
Van Denburgh, John Cholwell, Christopher Denn Lancaster Symes and
John Merritt, being the original grantees named in the said letters patent.
Be it further enacted by tJie authority aforesaid^ That the said commis- Id.; share
sioners or the major part of them shall, and are hereby full authorized Shiwabie
and impowered, to audit and settle all the said accounts of the costs J^ ^^^
charges and expences against the said proprietors of Cheesecocks, and cocks,
shall allow interest if demanded, for every sum of money that hath been,
or may be advanced by the said committee or any one of them, in the
management of the said controversy on the part of the proprietors of
the said patent of Cheesecock, and after the said commissioners or the
major part of them shall have audited and settled the said accounts,
they or the major part of them shall divide the whole amount thereof
into seven equal parts, and that each of the said original rights shall be ^
chargeable with one seventh part of the said whole amount. And inr
case the proprietors of the said seven original rights or any of them,
shall neglect or refuse to pay their respective proportions of the money
chargeable on the same, to the said committee of Cheesecocks or one
of them at the time to be appointed by the said commissioners or the
major part of them, it shall and may be lawful for the said committee or
the major part of them or the survivors or survivor of them or the
major part of such survivors, to sell so much of the lands tenements and
hereditaments of such proprietor or proprietors, whose proportion of the
said audited accounts shall remain unpaid as shall be necessary to pay
his her or their respective proportions of the sura of money chargeable
on the original right under which his her or their title is derived together
with the charges of such sale, and every sale of such lands tenement and
hereditaments shall convey as good an estate and title to the purchaser
and purchasers, as the proprietor or proprietors held in the same at the
time of making such sale.
And be it further enacted by the authority aforesaid^ That the said Notice of
committee or the major part of them or the survivors of them, or the S^t?*"^"*
niajor part of such survivors, shall advertise in one or more of the public when not
news papers of this State, the particular sum of money with which each S?be s^oid?
of the said seven original rights will be chargeable, and shall give notice
to the said proprietors to pay their respective proportions of the said
262 ' LAWS OF NEW YORK. [Chap. 40,
For every of the loan officers of Orange county fifteen pounds
For every of the loan officers of Ulster county eighteen pounds
For every of the loan officers of Montgomery county sixteen pounds
For every of the loan officers of Washington county ten pounds
Supenrto- XXVIII. And be it further enacted by the authority aforesaid That the
Judges^to supervisors and judges aforesaid of the several counties of this State
Inspect shall on the first Tuesday in October which will be in the year of our
cera* ao-~ Lord one thousand seven hundred and eighty seven, and yearly there-
counts. after on the first Tuesday in October meet together with the said loan
officers at the court house of the county; and the majority of the super-
visors with one or more of the judges aforesaid, shall carefully inspect
and examine the mortgages, minutes and accounts of the loan officers
and if it be found that any loan officer or loan officers has or have
refused or neglected to perform the duties enjoined upon him or them
by this act, the said judges and supervisors shall elect a loan officer or
loan officers in the stead of such who shall so have refused or neglected
as aforesaid and if any deficiency has happened by borrowers not having
right to the lands mortgaged or by the selling thereof for a less price
than what is before mentioned, or otherwise; then the said supervisors
or a majority of them, with the concurrence of one or more of the said
judges shall cause all such deficiencies to be assessed and levied in the
county as other county charges, so that the whole of such deficiencies
be paid to the said loan officers by the third Tuesday of June then next
following.
Attend- XXIX. And be it further enacted by the authority aforesaid^ That in
judg^'and ^^se One or more of the said judges and a majority of the supervisors
supervis- aforesaid shall not meet on the second Tuesday of May next or in case
enforced- they shall not meet yearly on the first Tuesday of October, or in case
they shall not meet when summoned by a precept of one or more of the
said judges for the several purposes in this act mentioned; every of them
in either of these cases that are absent (unless detained by sickness)
shall forfeit the sum of two pounds; and the judge or judges then
attending, shall issue his or their precept to one or more constables, to
summon the judges and supervisors to attend on that day week for the
purposes aforesaid under double the penalty aforesaid, which each neg-
lecting then to attend, if duly summoned, shall also forfeit, altho' a
sufficient number do appear: And in case a sufficient number do not then
appear, the judge or judges appearing shall proceed in the like manner
from week to week until a full number of supervisors do appear to per-
form the duty for which they before ought to have met. And in case
the said supervisors, or either of them, when a majority of them are
met, shall neglect or refuse to do the duty enjoined on him or them by
this act when met, or shall on any pretence whatsoever, on the day of
their annual meeting neglect or omit the causing to be assessed, levied,
and raised the whole deficiencies that have happened, by any of the
means aforesaid, every of them neglecting their duty herein, shall forfeit
to the people of this State, the sum of five pounds. All which penal-
ties before in this clause mentioned, are to be recovered before any one
of the justices of the peace within the county where such forfeiture shall
arise; one half to the use of such judge or judges, and supervisors of
the same county, endeavouring to perform their duty herein, who will
sue and inform against the others, and prosecute their suit to effect;
and the other half to the treasurer of the State, and be applied towards
cancelling the bills of credit in such manner as shall be directed by act
or acts of the legislature.
Chap. 40.] NINTH SESSION. 263
XXX. And be it further enacted by the authority aforesaid^ That all Monies
and every the sums of money which may at any time afterwards be to°^p3d
recovered by the loan officers aforesaid, of such persons as have been Jg ""o o*
the occasion of such deficiencies as aforesaid, shall be applied to the ® <*^*y*
use of such county; and the judge or judges and supervisors are hereby
empowered to take all lawfuU ways and means in the name, of the said
loan officers to recover the same.
XXXI. And be it further enacted by the authority aforescUdy That it LoanB to
shall and may be lawful for the said loan officers to let out upon loan ^ piJ|2j
any of the said bills of credit in such manner as they shall think best
upon security of good plate to be delivered to them at six shilling per
ounce, to be paid to the said loan officers on the third Tuesday in June
annually then next, with a years interest, at five per cent for the same,
and in case of non payment at any of the three stated days of meeting
of the loan officers, then the said loan officers are to sell the same plate
in such mannerj and upon the same day, as they are directed to sell the
lands of the mortgagors forfeited as aforesaid ; and they are to return
the overplus if any be to the owner after payment of the principal and
charges, with interest past and to come ; until the third Tuesday of
June then next, unless a borrower offers at the time of sale, as in case
of lands herein before mentioned ; any thing in this act to the contrary
notwithstanding.
XXXII. And be it further emuted by the authority aforesaid That if any Monies re-
monies shall remain in the hands of the loan officers for want of bor- Ste? four
rowers, four weeks after the first day appointed for letting it out, it shall JJJ^
be lawful for them to let out the same on good security by mortgage of "* ® •
lands in the county, or on plate as aforesaid to any person who will bor-
row the same, in any sums, though they be upwards of three hundred
pounds.
XXXIII. And be it further ^enacted by the authority aforesaid. That if Monies
any of the bills of credit shall remain four weeks over and above the 3Sr*SjiSi
four weeks aforesaid that is to say in all eight weeks, in the hands of ^©©^Sis-
the loan officers for want of borrowers, after the first day appointed for ^^
letting out as aforesaid, then and in that case the said loan officers or
one of them by consent of the other to be entered and signed in the
minute book of proceedings, shall carry it to the loan officers of the next
county or counties, where there were more monies demanded in loan
than there were monies to lend, and deliver it to the loan officers of
such next county or counties, upon their receipts for the same, and their
entering a memorandum of it in the minutes of their proceedings;
which loan officers to whom such sum is brought, shall accept thereof
and shall set up advertizements thereof, and therein assign a day in the
next week for borrowers to ofifer, and shall proceed in the lending such
further sum, in their county, as nearly as circumstances will admit, in
the like manner as they proceeded in lending the first sum; of which
transposition of those monies, the loan officers of the several counties,
shall give notice in writing signed by them to the treasurer at the time
of their paying to him the first interest monies thereafter, of which
notices to him he shall enter memorandums in his books of accounts the
better to ascertain the interest he is to receive yearly from the respec-
tiue counties, and the principal sums that the counties are finally to
cancel
XXXIV. And to prevent frauds that may happen by executors in Where bor-
their nonpayment of any part of the money borrowed as aforesaid by {^51*1117*0?
their respective testators, Beit further enacted by the authority aforesaid ^^^^^
That if any person or persons who shall become a borrower or borrow- executors.
264 LAWS OF NEW YORK. [Chap. 40.
ers of the bills issued by virtue of this act shall afterwards make his her
or their last will and testament in due form of law, thereby devising the
premises so mortgaged, to any other person or persons, leaving personal
estate sufficient to pay his or her debts, with an overplus not otherwise
in the said will disposed of, and not expressly providing in other man-
ner by the said will; in such case it shall be understood, that the devisor
intended that the mortgage money in arrear at the time of his death
should be paid out of his personal estate, and his executor or executors
shall accordingly be compelled to pay the same thereout in aid of such
devisee or devisees : But in case the said last will was made before the
premises were mortgaged, then it shall be understood that the testators
intent was (unless otherwise expressed in such will) that the devisee or
devisees should pay the residue of the mortgage money in arrear, at the
time of such testators death ; and in case any executor or executors con-
trary to the intent of this act, having effects sufficient, shall permit a
sale to be made of the premises mortgaged; such devisee or devisees
may immediately have his, her or their action either in proper person,
or by guardian or next friend, if under age, against such executor, or
executors, and recover double the damages sustained with costs of suit;
and in case any executor or .executors, shall in such case be a pur-
chaser of the premises so mortgaged, or any other in trust for him, or
for his use, he or they shall be deemed seised of the premises for the
use of the devisee, or devisees; and such executor or executors and their
trustee or trustees, are hereby disabled from making any conveyance
thereof, from such devisee or devisees, and if any such conveyance is
made, the same is hereby declared fraudulent and void against such
devisee or devisees.
Penalty XXXV. And be it further enacted by the authority aforesaid^ That if
BWMffing. *^y person shall falsely swear or affirm in any of the cases where an
oath or affirmation is required to be taken by this act, or shall wilfully
or knowingly act contrary to the oath or affirmation, he has before
taken, such offence is hereby declared to be perjury, and the offender
being convicted thereof shall suffer the pains and penalties, of perjury.
Loan ^ XXXVI. And be it further enacted by the authority aforesaid^ That the
bcSkstobe respective loan officers within this State for the time being, shall permit
opjn^r any person or persons at seasonable times to search and view the books
nipecuon. ^^ mortgages in their hands and custody, upon their paying one shilling
for the search, and the entry of the respective mortgages in the books
of the said loan offices shall have the like priority operation and effect
as if such mortgages were registered in the clerks office of the county
in which the lands mortgaged lie.
Form of XXXVII. And be it further enacted by the authority aforesaid^ That for
tobelSleii ^^^ greater uniformity in the securities to be taken in the loan offices
for the money to be lent by virtue of this act; the mortgages shall be in
the form following to wit,
This indenture, made the day of in the year of our
Lord one thousand seven hundred and between of
the county of of the one part and the loan officers of the said
county of of the other part witnesseth that the said for
and in consideration of the sum of by the loan officers of the
said county of to him well and truly paid; hath granted, bar-
gained, sold, released, enfeoffed and confirmed and by these presents
doth grant bargain sell release, enfeoff and confirm to the loan officers
of the of and their successors and and assigns forever all
that
together with all and all manner of improvements, hereditaments, and
Chap. 40.] NINTH SESSION. 265
appurtenances, whatsoever to the same belonging or in any wise apper-
taining; and all the estate, right, title, interest, claim and demand of the
said to the above bargained premises and every part thereof to
have and to hold the above bargained premises to the loan officers of
the county of their successors and assigns forever to the uses
and purposes mentioned in an act of the legislature of the State of
New York, entitled "An act for emitting the sum of two hundred thous-
and pounds in bills of credit for the purposes therein mentioned. And
the said for himself his heirs
executors and administrators, doth covenant, grant and agree to and
with the said loan officers of the of and their successors
that at and before the time of the ensealing and delivery hereof the said
was lawfully seized of the.above bargained premises, of a good,
sure, perfect, absolute and indefeasible estate of inheritance in the law
in fee simple, and that the same now are free and clear of all former
and other gifts, grants, bargains, sales, leases, releases, judgments, extents,
recognizances, dowers, and other incumbrances whatsoever. Provided
ahvaySy and these presents are upon this condition that if the said
heirs, executors administrators or assigns, do pay or cause to be paid
to the loan officers of the of the interest at the rate of
five per cent of the said principal sum of on the third Tuesday
of June yearly until the third Tuesday of June which will be in
the year of our Lord one thousand seven hundred and ninety inclusive
and if the said heirs, executors administrators or assigns shall
pay to the loan officers of the of the one tenth part of
the said principal sum of on the third Tuesday of June which
will be in the year of our Lord one thousand seven hundred and ninety
one together with the interest then due on the said principal sum of
and one other tenth part of the said principal sum on the third
Tuesday of June which will be in the year of our Lord one thousand
seven hundred and ninety two together with the interest then due, one
other tenth part of the said principal sum on the third Tuesday of June
which will be in the year of our Lord one thousand seven hundred and
ninety three, together with the interest then due; one other tenth part of
the said principal sum on the third Tuesday of June which will be in the ^
year of our Lord one thousand seven hundred and ninety four together
with the interest then due; one other tenth part of the said princi-
pal sum on the third Tuesday of June which will be in the year of our
Lord one thousand seven hundred and ninety five together with the
interest then due ; one other tenth part of the said principal sum on the
third Tuesday of June which will be in the year of our Lord one thou-
sand seven hundred and ninety six together with the interest then due ;
one other tenth part of the principal sum on the third Tuesday of
June which will be in the year of our Lord one thousand seven hundred
and ninety seven together with the interest then due; one other tenth
part of the said principal sum on the third Tuesday of June which will
be in the year of our Lord one thousand seven hundred and ninety
eight together with the interest then due ; one other tenth part of the
said principal sum on the the third Tuesday of June which will be in
the year of our Lord one thousand seven hundred and ninety nine
together with the interest then due; and the remainder of the said
principal sum on the third Tuesday of June which will be in the year
of our Lord one thousand eight hundred together with the interest then
due thereon, according to the true intent and meaning, of the said act,
then the above grant bargain and sale and every article and clause
thereof shall be void, but if failure be made in any of the payments
Vol. 2. — 34
266 LAWS OF NEW YORK, [Chap. 40.
above mentioned, then the above bargain and sale is to remain in full
force and virtue. And the said heirs and assigns agree to be
absolutely barred of all equity of redemption of the premises at the
expiration of twenty two days after such failure. And the said
heirs executors and administrator covenant grant and agree to
and with the loan officers of the of and their successors,
well and truly to pay to them all and every of the sums of money above
mentioned at the times on which the same ought to be paid as afore-
said, and that the above bargained premises upon the sale thereof pur-
suant to the directions of the said act, will yield the principal and inter-
est aforesaid remaining unpaid at the time of such sale and until the
third Tuesday of June next after the day of sale together with fifteen
shillings for the charges of such sale: In witness whereof the parties
to these presents have interchangeably set their hands and seals the day
and year first above written.
Sealed and delivered in the presence of
B^kj^ XXXVIII. And be it further enacted by the authority aforesaid^ That
tobeppKt- the said Samuel Loudon shall print eight thousand copies of the said
tributed.**^ mortgages, and bind so many of them in a book together with six leaves
of clean paper for an alphabet for the use of the loan office of each
county, that there may be a mortgage for every twenty pounds of bills
of credit given to the loan office of that county, and the number remain-
ing he shall gwe in loose sheets in the like proportion to each of the
loan officers in order therewith (if there should be occasion) to give
attested copies of the original mortgages to the purchasers of any of the
mortgaged lands: Which books together with the said loose sheets, are
to be delivered by the printer to the treasurer of this State; by him with
the bills to be delivered to the loan officers of each county.
Mortgages XXXIX. And be it further enacted by the authority aforesaid That no
mfed*aut** mortgage shall be taken in the loan offices but by filling up one of the
Id book, blanks of the said book of mortgages ; none of them shall be defaced or
torn out, except the seals, when the mortgagor pays ofiF the whole prin-
cipal and interest of the mortgage: And the loan officers shall proceed
in the taking the mortgages from the beginning of the book forward,
numbering the mortgages as they are taken and inserting the mortga-
gors name and number in the alphabet under the letter answering the
mortgagors simame.
Additional XL. And be it further enacted by the authority aforesaid^ That the
loan'oflu'^ printer shall also cause to be bound up twelve books of paper one for
oera. the use of each loan office and to be about two thirds of the size of the
book of mortgages for the same county, to be delivered as aforesaid
with the book of mortgages.
Substance XLI. And be it further enacted by the authority aforesaid That the
mort^a ^^^^ officers shall in one end of the last mentioned book minute the
tobemin- substance of each mortgage to wit, the number thereof the date, the
second mortgagors name, the sum lent and the boundaries of the lands mort-
cuatc^yof K^S^^J ^^^ when the one loan officer, has the custody of the book of
books. mortgages, the other shall have the custody of the other book, that fire
or other accidents which might happen may be guarded against; and
the printer shall make an alphabet to it like to that of the book of
mortgages; and for the satisfaction of the mortgagor he may examine or
see the minute examined with the original mortgage, and with the wit-
ness shall sign the same.
Second XLII. And be it further enacted by the authority aforesaid. That the
utesof™**^ loan officers beginning at the other end of the said book shall insert the
loan offl- minutes of their proceedings therein, to wit.
Chap. 40.] NINTH SESSION. 267
First The day they meet, place, house and loan officers present. ke*t^^
Second, If any one is absent, they shall at their next meeting minute ^t to ba
the cause of his absence. noted.
Third Shall enter the hour that every one applies for the loan of
money, and the sum he applies for.
Fourth, Shall enter down the reason why a prior applicant had not
the money according to his application, and the substance of examina-
tions for clearing titles and value.
Fifth, Shall enter down the monies received from the treasurer, and
the monies delivered to or received from the loan officers of another
county, and the day when, with a copy of the notice thereof, to be
delivered to the treasurer, and when that notice was delivered to the
treasurer, and by whom.
Sixth, The last day of their four days of meeting, for receiving of
monies yearly, they shall enter whose mortgages are forclosed, and the
numbers and sums of them.
Scoenthy Shall enter the orders for, and copies of the advertisements
for sale, and places at which they are to be set up, and the persons
names that are to set them up.
Eighth Shall enter the names of the purchasers of lands, and prices
sold for, and payment of the overplus to whom it belongs with the time
and witnesses of such payment.
Ninth In case any principals or part thereof are paid in before the
times of payment in the mortgages, the whole amount of such principals
so paid in, shall be entered in the said books —
Tenth, Shall enter the cause of all suits, and the informations they
have received, and of whom at length, or if too long, refer to them in
papers apart, minuting the substance.
Eleventh Shall enter the meetings, with the judges, and supervisors,
and persons present, together with the minutes of all proceedings of
such judges and supervisors, particularly what were the deficiencies laid
before them what measures were taken for assessing and levying such
deficiencies and which of the said judges and supervisors were for
assessing or for neglecting or delaying it.
XLIII. And be it further enacted by the authority aforesaid, That the Books of
printer shall also cause to be bound other twelve books of paper, one of JSr loaQ
them for the use of each loan office, about two thirds of the size of the offlcora.
book of mortgages for the same county, to be delivered as aforesaid
with the book of mortgages and that therein shall be entered all the
accounts of the loan office ; that at the beginning there shall be an
alphabet wherein shall be inserted every mans name, and the page
wherein his account stands, and that this book be kept in the fairest
and best method that the loan officers can, and it is to remain in- the
custody of him who has the minutes of the mortgages and proceedings.
XLIV And be it furt/ier encuted by the authority aforesaid. That the Deeds
deeds to be granted by the loan officers for any lands to be sold by ^^^ ^^
them, whereof the equity of redemption is foreclosed shall be in form officer^
following to wit. ™
This indenture made the Tuesday of in the year of
our Lord one thousand seven hundred and between the loan
officers of the of of the one part; and of the
other part. Witnesseth that the said loan officers of the of
for and in consideration of the sum of to them in
liand paid whereof they acknowledge the receipt, and discharge the said
heirs executors and administrators thereof forever have pursu-
ant to a law of the State of New York, intitled " An act for emitting the
268
LAWS OF NEW YORK.
[Chap. 40.
On sale of
land, copy
of mort-
gage to be
given pur-
chaser.
Form of
bond of
loan offi-
cers.
Suits on
bonds, how
stayed.
Bxainlna-
tlon Into
title of
borrower.
Expense of
printing
and sign-
ing (he bills
sum of two hundred thousand pounds in bills of credit for the purposes
therein mentioned," granted, bargained, sold, released, enfeoffed and
confirmed and by these presents do grant bargain, sell, release, enfeoff
and confirm unto the said heirs and assigns all that
together with all and all manner of improvements, hereditaments and
appurtenances whatsoever to the same belonging or in any wise apper-
taining, and all the estate right title, interest, claim and demand what-
soever of the loan officers of the of and their succes-
sors, to the above bargained premises and every part thereof. To have
and to hold the above bargained premises and every part thereof with
the appurtenances, to the said heirs and assigns to the sole and
only proper use benefit and behoof of the said heirs and assigns
forever in witness whereof, thq loan officers of the have here-
unto set the seal of their corporation together with their hands, the day
and year above written. *
Sealed and delivered in the presence of
To which deed the loan officers shall affix the seal of the loan office
and respectively subscribe their names in the presence of two witnesses.
XLV. And be it further enacted by the authority aforesaid^ That upon
every sale of lands the loan officers shall fill up one of the loose sheets
of blank mortgages like to the original mortgage, and attest the same
as a true copy under their hands and seal of the loan office, and give it
instead of the original mortgage for evidence of the title to the pur-
chaser. And the bond to be entered into by the loan officers shall be
in the form following (vizt).
Know all men by these presents. That we are held and firmly
bound unto the people of the State of New York in the sum of
to be paid to the said people for which payment well and truly to be
made and done, we bind ourselves, our heirs executors and administra-
tors and every of us and them jointly and severally firmly by these
presents. Sealed with our seals and dated the day of
in the year of our Lord one thousand seven hundred and
The condition of the above obligation is such, that if the above
bounden shall and do well and truly perform the office and
duty of one of the loan officers of the of and shall
demean himself therein, without favour, malice or partiality, then the
above obligation to be void, otherwise to remain in full force and virtue.
Sealed and delivered in the presence of
XLVI. And be it further enacted by the authority aforesaid^ That in
case of the forfeiture of such bond as aforesaid the suit thereon shall
be staid, on the defendants paying or tendering in court to pay the
damage arisen by the breach of the condition of the said bond, with
the costs to that time ; and if judgment be had thereon a jury shall
inquire of the damages according to law.
XL VII. And be it further enacted by the authority aforesaid^ That for
the better satisfaction of the loan officers, as to the title and value of
what is offered in mortgage, by borrowers ; the loan officers or either of
them are hereby authorized and impowered to examine the borrower,
and witnesses upon oath, or if of the people called Quakers, on affirma-
tion, concerning the same, a brief minute of which examination, and the
names of the persons so examined, they shall enter into their minute
book of proceedings.
XLVIII. And be it further enacted by the authority aforesaid That
the treasurer shall pay the expence of printing the said bills and the
incidental expences which may arise in or about the same and to each
of the same persons aathorized to sign the bills to be emitted by virtue
Chap. 40.] NINTH SESSION. 269
of this act at the rate of two shillings for every hundred of the said bills
they may have respectively signed according to such accounts thereof
as they shall respectively produce audited by the auditor of this State.
XLIX. And be it further enacted by the authority aforesaid^ That the Bills of
signers of the said bills or any three of them, shall meet at the treasury f^JJothe****
of this State on the first Monday in November which will b6 in the year '"^^J^^y^
one thousand seven hundred and eighty seven, and annually on every Jtroye<fr
first Monday in November; and the treasurer of this State shall, when
the said signers are so met as aforesaid, deliver unto them all such of
the said bUls of credit as shall then have come into his hands as treas-
urer of this State .from any of the said loan officers, for principal and
interest together with a list of the several denominations of the said
bills, and having examined and compared the said bills, with such list,
shall destroy the said bills, and shall certify that they have destroyed
the bills mentioned and designated on such list, which list so certified
shall be delivered to the said treasurer, and a copy thereof, ^o signed
shall be kept by the said signers, or one of them, to be by him or them
delivered to the legislature, when thereunto required.
L. And be it further enacted by the authority aforesaid^ That whenever Redem^
the said treasurer shall have received from the said loan officers a sum of^creduin
equal to one hundred and fifty thousand pounds in gold or silver, partly gold and
in gold and silver, and partly in the bills of credit aforesaid, it shall and * ^*'*
may be lawful to and for the said treasurer and he is hereby required to
exchange such of the said bills as may be then in circulation for the
gold and silver, so received at the nominal value expressed on such bills,
as may by any person be tendered to him for exchange ; and the said
treasurer is hereby required as soon as he shall have received to the said
amount in manner aforesaid, to give public notice thereof by advertise-
ment to be published in three of the newspapers printed in this State,
and shall require all persons having any of the said bills of credit in
possession, within sixty days from the date of such advertisement to
bring the same into the treasury, and to receive gold or silver therefore,
and if any such bills should be brought in, those remaining in circula-
tion shall not be so exchanged, but shall be received in all payments
into the treasury of this State.
LI. And be itfurt?ier enacted by the authority aforesaid That the treas- Form of
urer of this State be, and he is hereby authorized and required to pro- tifloate? to
cure at the expence of the people of this State a competent number of be i<»u«d
blank certificates with such checks and devices as he may deem proper treasurer,
to guard against counterfeits, and with a margin or counterpart suffic-
iently large to contain a memorandum of the annual payment of interest
which may be made thereon ; the blanks of which certificates so to be
procured shall be filled up as to the numbers, sums, date, day and year
of passing this act, and be delivered as herein after directed, and the
said blank certificates shall severally contain the words following, vizt.
Number
The people of the State of New York have received on loan from
the sum of to be paid to the said or bearor on
or before the first day of January which will be in the year of our Lord
one thousand seven hundred and ninety with interest from the day
of one thousand seven hundred and eighty five at the rate
of per centum per annum to be paid annually at the treasury,
according to a law of this State, passed on the day of
LII. And be itfnrther enacted by the authority aforesaid That the said Oertifl-
treasurer be and he is hereby authorized and required to receive on SSat'tSbo
tean in behalf of the pedple of this State such public securities as are i«»ued.
270 LAWS OF NEW YORK. [Chap. 40.
herein after described and to issue and deliver in lieu thereof to any per-
son or persons who shall before the first day of May which will be in
the year of our Lord one thousand seven hundred and eighty seven
make such loan or loans a certificate or certificates at the election of
the lender in the form herein before prescribed to the amount or value
of the sum or sums due as principal money on the security and securi-
ties which he shall so receive on loan, and shall indorse on each certifi-
cate by him delivered, the amount of interest due to the first day of
January one thousand seven hundred and eighty five and subscribe his
name thereto. Promded always that no more than one certificate shall
be issued by the said treasurer for a sum less than' twenty pounds
received from any one person.
Blanks in LIII. And be it further enacted by the authority aforesaid That each
cSeS how certificate to be delivered by virtue of this act shall be numbered begin-
iuied up. ning with number one and so on in arithmetic progression to the last
that shall be delivered inclusive, and the blanks of the certificates shall
be filled as follows vizt. The first and third with the name of the per-
son making the loan, the second with the amount of principal money of
the security or securities loaned the fourth with the word first, the fifth
with January, and the sixth with a rate of interest equal to the interest
expressed in the certificates received on loan ; and the day month and
year in which this act passed shall be printed in the certificates ; and
each certificate before the same is delivered shall be signed by the said
treasurer with his name and stile of office,
fieoarities LI V. And be it further enacted by the authority aforesaid That the said
STtreMU]^ treasurer shall be and he is hereby authorized and required to receive
on loan, the following public securities on loan in manner aforesaid, vizt.
Loan office certificates issued by the Continental commissioner of
loans in this State for monies lent to the United States, at the nominal
value expressed therein if issued on or before the first day of September
one thousand seven hundred and seventy seven.
Loan office certificates issued by the Continental commissioner of
loans in this State for monies loaned to the United States since the said
first day of September reduced to specie value by the scale of deprecia-
tion established by the United States in Congress assembled on the
twenty eighth day of July one thousand seven hundred and eighty one.
Certificates issued, or to be issued by the Continental commissioner
of accounts within this State for services performed or articles delivered
by the inhabitants of this State for the use of the United States, com-
monly called Barbers notes.
Certificates issued by the treasurer of this State, for monies borrowed
for the use of this State, and directed to be paid by an act entitled an
act to provide for the payment of certain contingent expences of this
State passed the 25th October 1779 reduced to. specie value by the Con-
tinental scale of depreciation.
Certificates issued by the agent of this State, in pursuance of an act
entitled an act to procure supplies for the use of the army and to pre-
vent a monopoly of cattle within this State and more effectually to pre-
vent supplies of cattle to the enemy passed the 24th of June 1780.
Certificates issued by the treasurer of this State in pursuance of an
act entitled an act to provide for the payment of certain monies taken
on loan by this State passed the 30th day of June 1780 at the rate of
one dollar in silver for every forty of the nominal dollars specified in
such certificates.
Warrants with receipts thereon indorsed given by virtue of the act
entitled "An act to compleat the Continental battalions raised under the
Chap. 40.] NINTH SESSION. 271
direction of this State, passed the first day of July 1780, at the rate of
one dollar in silver for every bushel of wheat specified in such warrants.
Certificates granted for horses, purchased by this State for the use of
the armies of the United States in the year 1780.
Accounts liquidated and certified or certificates granted by the late
auditor general of this State or the auditor of this State for the time
being, reduced to specie value, if not already so reduced, by the Conti-
nental scale of depreciation.
Certificates issued by the auditors appointed in pursuance of the act
entitled **An act to liquidate and settle the accounts of the troops of
this State in the service of the United States " passed the 4th day of
October 1780.
Certificates given or which may be given, by virtue of the act entitled
an act to empower the auditors appointed to liquidate and settle the
accounts of the troops of this State in the service of the United States
to grant certificates to the troops of this State in the service of the
United States for their pay accrued for the time therein mentioned
passed the 6th day of April 1784.
Certificates issued or to be issued by virtue of an act entitled "An
act for the settlement of the pay of the levies and militia for their ser-
vices in the late war and for other purposes therein mentioned " passed
the 27th day of April 1784.
And all other certificates issued by the treasurer of this State for
monies due by the people of this State to any person or persons whom-
soever.
LV. And be it further enacted by the authority aforesaid That it shall interest on
and may be lawful to and for the said treasurer and he is hereby ^J^%oir
authorized and required immediately after completing any certificate payable,
or certificates and having signed and endorsed the same as herein
directed to pay to the holder thereof the one fifth part of the interest
endorsed thereon as aforesaid in the said bills entitled by virtue of this
act and remaining in the treasury; and for the residue of the said inter-
est so endorsed as aforesaid to give unto such holder a certificate in
the form following, to wit.
Number
The people of the State of New York are indebted unto Form of
in the sum of for interest to be paid to the said ^MoS^
or bearor on or before the first day of May which will be in the year of wt.
our Lord one thousand seven hundred and eighty seven, according to
an act entitled an act for emitting the sum of two hundred thousand
pouqds in bills of credit for the purposes therein mentioned —
which certificate so to be given for interest shall be numbered with the
same number as the certificate given for the principal sum on which
such interest is due and the blanks in the body of each certificate so to
he given for interest shall be filled up as follows; the first and third
with the name of the person to whom such interest is due and the
second with the sum so due to such person for interest as aforesaid and
each certificate so given for interest shall before the same is delivered
^ signed by the treasurer with his name and stile of office and the said
treasurer having so paid a part of the interest in the said bills of credit
^d given such certificate as aforesaid for the residue of the interest shall
indorse on the certificate by him given for the principal money of the
security or securities so loaned ** interest paid to the first day of Jan-
uary one thousand seven hundred and eighty five " and subscribe such
indorsement with his name and stile of office.
272 LAWS OF NEW YORK. [Chap. 40.
Memoran- LVI. And be it further enacted by the authority aforesaid That the
tiflcates^" said treasurer shall make regular entries in a book or books to be kept
Issued to for the purpose of the certificates for securities loaned as aforesaid
tTOMurer.^ which he shall issue by virtue of this act and which book or entries
shall contain in convenient order the number and date of such certifi-
cates and the names of the persons to whom such certificate shall be
issued, the principal sum, the interest paid thereon, the day to which it
was paid and the annual interest to arise thereon and also a like entry
of each and every security he shall receive on loan as aforesaid reduc-
ing in all cases the nominal sum to specie value as herein before
directed.
And to the end that the credit of the bills to be emitted by virtue of
this act may be most effectually established.
BUla of LVII. Be it enacted by the authority aforesaid That gold and silver
b€Mreoei?ed ^^^ ^^ t>ills of credit to be emitted by virtue of this act, shall be
for duties, received by the collector for duties arising on goods wares and mei*-
®^* chandize which shall be imported into this State after the passing of
this act, and in the treasury of this State in payment arising from the
duty on goods sold by public vendue by virtue of the act entitled "An
act for the regulation of sales by public auction."
WTiat LVIII. And be it further enacted by the authority aforesaid That gold
mone^ro- and silver and the bills of credit emitted in pursuance of this act and
^^^^^ent^** no other species of monies or bills shall be received by the loan officers
of mort- in discharge of the principal and interest due on such mortgages.
S^m^** LIX. And be it further enacted by the authority aforesaid That all the
council of power and authority by this act given to and duties required to be done
ufperform ^^ ^^ judges and the supervisors of the several counties of this State.
duSes of shall be vested in and exercised by the mayor aldermen and common-
supeWisors ^^^ ^^ ^^ ^-^y q£ ^^^ York in common council convened, who shall
be subject to like forfeitures so far forth as the manners and things in
this act contained relate to the said city and county of New York ; and
that the word county in this act mentioned shall be construed to com-
prehend the said city and county of New York.
Bills of LX. And be it further enacted by the authority aforesaid^ That the
feSa/len- ^"^^ ^^ credit to be emitted by virtue of this act shall be a legal tender
der in in all cases where any suit is or shall be brought or commenced for any
fore or debt or damages and the costs of suit in any stage of the proceedings
^rjudff- thereof. Provided always that nothing in this act shall extend to con-
travene any treaty between the United States of America and any for-
eign State or power.
Mileage LXI. And be it further enacted by the authority aforesaid That one
offlcOT.^^***^ of the loan officers of each respective county shall be allowed, in addi-
tion to the salaries herein before mentioned, the sum of six pence for
every mile such loan officer shall be obliged to travel for the purpose of
receiving the bills of credit in and by this act directed to be delivered
to the loan officers, to be computed from the court house of the county
for which such loan officer shall be appointed to the city of New York.
Oertiflcatea LXII. And be it further enacted by the authority aforesaid That the
aut*^rity certificates to be issued by the treasurer by virtue of this act for securi-
of this act ties taken on loan and also the certificates to be issued for part of the
forlo^it- interest due thereon previous to the first day of January one thousand
ed estates, seven hundred and eighty five, shall be receiveable at the treasury of
the State in payments for confiscated estates to be sold by the commis-
sioners of forfeitures, and also in payment for the waste and unappro-
priated lands of this State.
Chap. 41.] NINTH SESSION. 273
CHAP. 41.
AN ACT for regulating trials of issues, and for returning able
and sufficient jurors, ,
Passed the 19th of April, 1786.
Be it enacted by the People of the State of New York, represented in iMoes in
Senate and Assembly^ and it is hereby enacted by the authority of the same^ court u?be
That all issues joined or hereafter to be joined in the supreme court, or tried Iq
any other court, and brought into the supreme court to be tried, and whSiT
which are or may be triable by the country, shall be tried in the proper ?gJJ**
counties where the lands tenements or hereditaments in demand or
question shall be situated, or the cause of action, suit, controversy or
oflFence shall arise or be committed, unless the supreme court upon
motion in behalf of the people of this State if they be interested or
upon motion of any plaintiff, demandant or avowant or tenant or
defendant, shall think proper to order the trial to be at the bar of the
said supreme court, which shall only be done in cases of great difficulty,
or which require great examination. But this clause shall not extend to
any action merely transitory, nor prevent the said supreme court from
ordering trials by foreign juries in all cases where it shall be proper and
necessary.
And be it further enacted by the authority aforesaid^ That the jus- droult
tices of the supreme court for the time being, or some or one of them, tobUshT-**"
shall yearly and every year forever hereafter in the vacations, at least ment of,
once in a year, and oftener if need be, hold a court in each of the coun- *°^ *®™^
ties of this State, as well in the counties where the supreme court shall
sit as in every of the other counties of this State, for the trials of all
issues joined or to be joined in the supreme court or in any other court,
and brought into the supreme court to be tried, and which are or may
be triable in the said respective counties, which courts shall be called
the circuit courts; and that each of the said circuit courts shall be held
in each of the counties of this State so many days each time, as the jus-
tices or justice holding the same, shall think necessary. And further
that the justices of the supreme court for the time being, shall from
time to time in ths term next preceding the holding of every of the cir-
cuit courts, appoint the time of holding such circuit courts in every of the
said counties in which it shall be necessary to hold the same in the then
next vacation, and shall cause the same to be entered in the minutes of
the same supreme court ; and that such circuit court shall respectively be
held at the court house of the county, in which the said circuit court is
so appointed to be held ; and in case there be no court house in the
county, then at such place as the said justices of the supreme court
during the term next preceeding the holding of such circuit court, shall
for that purpose appoint.
And be it further enacted by the authority aforesaid^ That when any Tran-
such issue is to be tried at any of the said circuit courts, the tenor or J^oHi^u>
transcript of the record thereof, with a respite of the jury, or an award ^f^^S
of process for their appearance to the supreme court at the next term, hoidfng*
nnless the justices of the supreme court some or one of them at the day c'^uit,
and place appointed for holding the said circuit court, at which such
issue is or ought to be tried shall sooner come, shall be made and sent
under the seal of the said supreme court to such of the justices of the
same court as may hold the said circuit court, in the county where such
Vol. 2.-35
274
LAWS OF NEW YORK.
[Chap. 41.
Justioee at
oiroult,
Juri8dlo>
lion of.
Bheriffto
return all
writa, etc.,
tooironlt
oourte.
DiToroe
and bas-
tardy caf
triable by
theoounny
Allowance
of and
hearing on
ezoepaons.
issue is or ought to be tried; and a similar clause shall be inserted
in the process for the appearance of the jury at the said circuit court;
and if one party demand and have such tenor or transcript of the
record as aforesaid to deliver to such justices or justice before whom
such issue is to be tried ; another tenor or transcript of the same record
Shall be made and delivered to the other party, if he require the same.
And be it further enacted by the authority aforesaid^ That the justices
of the supreme court for the time being, and each and every of them, as a
justice or justices of the supreme court, and without any other commission
to be had or made for that purpose, shall be and hereby is and are fully
authorized empowered and required at the said respective circuit courts to
try all such issues, and take all such inquest, by default or otherwise, as arc
or ought to be tried or taken in the said circuit court respectively and to
record nonsuits and defaults before him or them; and to do and execute
all other matters and things as fully in every respects as any justices of
nisi prius, or justices of assize may or ought by law to do and execute ;
and the said justices or justice before whom any such circuit court
shall be held, shall return the said tenor or transcript, and the writ or
process for the appearance of the jury and the pannel, with the verdict
and proceedings before him or them had thereupon, to the supreme
court at the next term; and the said supreme court shall receive and
record the same, and give judgement thereupon according to law. And
further that it shall and may be lawful to and for the justice of the
supreme court and each and every of them for the time being, as a jus-
tice or justices of the supreme court and without any other commission
to be had or made for that purpose, to take assizes of novel disseisin, or
any other assizes at the said several circuit courts ; and it the taking of
any assize at any such circuit court be deferred for any cause whatso-
ever to adjourn the same, and send the record with the original writ to
the said supreme court, where such proceedings shall thereupon be had
as law and justice may require. And when the matter shall come to
the taking of the assize the said supreme court shall remit the matter
to such of the justices as shall hold the next circuit court in the county
where the same assize is or ought to be taken before whom the said
assize shall be taken, any law custom or usage to the contrary notwith-
standing.
And be it further enacted by the authority aforesaid^ That all sherififs
and other officers to whom the return of any writs of assize, juries, or
certificates shall appertain, shall cause to come, at every such circuit
court to be held in their respective counties, before the justices or jus-
tice of the supreme court who shall hold such circuit court, all such
writs of assize, juries, and certificates before whatsoever justices or
Justice arraigned, or by whatsoever writs, in their respective counties,
together with the panels, attachments, reattachments, summons, resum-
mons and all other minuments whatsoever any ways concerning those
assizes, juries, and certificates, in all things according to law and the
nature of them arrayed and executed ; provided always^ that the attach-
ments, reattachments summons, and resummons thereof, shall be made
at least fifteen days before the holding of such circuit court.
And be it further enacted by the authority aforesaid^ That all issues
upon legality of marriage and upon pleas or allegations of a general or
special bastardy, shall be tried by the country, and not otherwise, any
law, custom or usage to the contrary notwithstanding.
VII. And be it further enacted by the authority aforesaid. That when
any one who is or shall be impleaded before any judges or justices doth
alledge an exception, praying that the justices will allow it; and they
Chap. 41.] NINTH SESSION. 275
will not allow it, if he who alledged the exception, do write the same
exception, and require that the justices will put their seals to it for a
witness, the justice shall do so, and if one will not another of the jus-
tices shall. And if a writ shall be brought to reverse the judgment in
such case, and the same exception be not found in the roll, and the
plaintiff shew the exception written with the seal of the justices put to
it, the justice shall be commanded that he appear at a certain day either <;
to confess or deny his seal : and if the jjustice cannot deny his seal, the
court shall proceed to judgment according to the same exception, as it
ought to be allowed or disallowed.
VIII. And be it further enacted by the authority aforesaid^ That every Juron to
venire facias for the trial of any issue in any action or suit civil or mooed"
criminal, in any court of record within this State, shall be awarded of 'rom
the body of the proper county where such issue is triable, excepting in wher/ao-
such cases in which foreign juries shall be deemed necessary ; in which JiJJ^iJf®
cases the venire facias shall be awarded of the body of the county from
which such foreign jury are directed to come.
IX. And be it further enacted by the authority aforesaid. That all Ouaiifloa-
jurors (other than strangers upon trials per medietatem linguae) who shall juro^
be returned upon trials of issues in the supreme court, or in any of the
circuit courts, or in any of inferior courts of common pleas, or in the
mayors courts of the cities of New York, Albany or Hudson ; or in any
court of general or quarter sessions of the peace, or before any justices
of assize, oyer and terminer or goal delivery in any city or county of
this State, or in any other court of record, shall every of them be above
the age of twenty one and under the age of sixty years and shall each
of them have in either of the said counties in his own name or right, or
in trust for him or in his wifes right in the same county, a freehold in
lands messuages or tenements, or of rents in fee or for life, of the value
of sixty pounds, free of all reprizes debts demands or incumbrances
whatsoever ; and in the cities of New York Albany or Hudson a free-
hold of the value aforesaid, or a personal estate of the like value free
from all rcrprises debts, demands or incumbrances whatsoever. And all
men having such estates as aforesaid are hereby enabled and made lia-
ble to be returned and to serve as jurors for the trials of issues before
the judges, justices, and courts aforesaid ; and if any man not so quali-
fied shall be returned upon any such jury, or tales in default of such
jurors^ it shall be good cause of challenge to the juror not so qualified, and
such person, so returned shall be discharged upon such challenge or his
own allegation and oath thereof And to the end that jurors so qualified,
may be always returned, the writs of venire facias juratores which shall
at any time hereafter be awarded and issued for the impaneling of juries
within any of the counties of this State, except the county of New
York, shall have in the body thereof the words following, that is to say
(twtlve free and lawful men of your county each of whom shall have in
his own name or right, or in trust for him, or in his wife's right, a free-
hold in lands, messuages or tenements, or of rents in fee, or for life, of
the value of sixty pounds, free from all reprises, debts, demands, or in-
cumbrances whatsoever.) And in the city and county of New York the
words following, that is to Say (twelve free and lawful men of your city
and county, each of whom shall have, in his own name or right or in
trust for him or in his wifes right, a freehold in lands messuages or ten-
ements, or a personal estate of the value of sixty pounds, free of all
reprizes debts demands or incumbrances whatsoever.) And in the cities
of Albany and Hudson for trials in their respective mayors courts the
words following that is to say (twelve free and lawful men of your city,
276 lAWS OF NEW YORK. [Chap. 41.
each of whom shall have in his own name or right, or in trust for him,
or in trust for him,* or in his wife's right, a freehold in lands, messu-
ages, or tenements, or a personal estate of the value of sixty pounds,
free of all reprises, debts, demands or incumbrances whatsoever.) And
the residue of the said respective writs shall be in the usual form : And
that upon every such writ and writs of venire facias juratores the sherifif,
coroner, or other returning officer or officers in each respective city and
county, unto whom the making the panel of jurors shall appertain,
shall not return any man in any such panel unless he shall be so quali-
fied as aforesaid.
Sheriff, And be it further enacted by the authority aforesaid^ That every sheriff
preceS^of ^^^ Other officer to whom any writ or precept of venire facias juratores
venire shall be directed for the trial of issues in the said supreme court, or in
tSreflTb^f*^ any of the courts aforesaid, exepct* in cases where a special jury shall
be struck by order or rule of court, shall upon return thereof annex a
panel to the same writ or precept, containing the names, places of
abode and additions of a competent number of jurors so qualified as
aforesaid, to serve on juries, not less than forty eight, nor more than
seventy two, without the direction of the judge or judges, justice or
justices, before whom such issue is to be tried, who are hereby respect-
ively empowered and required if he or they see cause, by order under
his or their hands respectively, to direct a greater or less number; and
then such number as shall be so directed shall be the number to be
returned on such jury. And such sheriff or other officer shall return a
like panel containing the same names places of abode and additions to
every writ or precept of venire facias juratores, directed to and return-
able by him at the same court ; (except in cases where a special jury
shall be struck by order or rule of court.) And in order that such judge
or judges, justice or justices may be the better enabled to direct accord-
ing to the intent of this act what number of jurors are necessary to be
summoned thie party or parties in any cause or causes which may be at
issue and to be tried in any of the courts aforesaid, or his or their
attorney or attorneis,* shall at the same time he or they give notice of
trial to the party or attorney on the other side, give the like notice in
writing to the judge or judges, or justice or justices before whom such
suit action or issue is to be tried or is triable.
Names to And be it further enacted by the authority aforesaid^ That the names
In palfelf^ of all the persons contained in the panel annexed to the writ of venire
annexed facias juratores need not be inserted in the bodies of the writs of habeas
corpora juratorum, or distringas subsequent to such writ of venire facias
juratores; but it shall be sufficient to insert in the mandatory part of
such writ of habeas corpora juratorum [The bodies of the several per-
sons named in the panel to this writ annexed] and in the mandatory
part of such writs of distringas [The several persons named in the
panel to this writ annexed] or words of the like import, and to annex
to such writs respectively, panels containing the same names places of
abode and additions, as were returned in the panels to such venire facias
juratores. And that for the making the returns and the panels afore-
said, and annexing the same to the said respective writs, no other fee or
fees shall be taken than such as are now allowed by law to be taken for
the return of the like writs and panels annexed to the same. And fur^
Poea. ther that the parties concerned in any such trials may have timely notice
defive?*^ of the jurors who are to serve upon such trials in order to make their
copies of chalenges to them, if there be cause, every sheriff or other officer to
panel to ~
paitie0,ete. ~"
* So in original.
Chap. 41.] NINTH SESSION. 277
whom the return of the venire facias juratores or other process against
them does or may belong shall upon application made to him for that
purpose at any time within five days next before the day on which such
writ or process is returnable, deliver or cause to be delivered to any
party or parties in any cause or issue to be tried by such jurors, or to
any attorney or agent for any or either of the parties, a true copy of such
panel of jurors certified under his hand to have been summoned, and
whose names shall be so inserted in the panel annexed or to be annexed
to such writ or process, with their respective places of abode and addi-
tions; such person or persons so applying for the same paying therefor
to such sheriff or other returning officer giving the same, the sum of two
shillings and no more.
And be it further enacted by the authority aforesaid^ That every sum- Servtce of
mons of any person so qualified, to any the services aforesaid, shall be Sn'ju^rf*^
made by the sheriff or other returning officer or his lawful deputy, six
days at the least before the day on which the person so summoned as a
juror ought to make his appearance.
And to the end that the respective sheriffs may be the better enabled Sheriffa to
to summon jurors qualified according to the intent and direction of this fisuoP
act Be it further enacted b} the authority aforesaid, That it shall be, ?"^}5^.
and it is hereby made the duty of the sheriff of the city and county of nuSiy.
New York, and of each and every sheriff of each of the other counties
of this State, at thefr own expence respectively, yearly and every year
to procure a list of the freeholders and others in their respective baili-
wicks qualified to serve as jurors on trials.
And be it further enacted by the authority aforesaid, That no man shall Jurora not
be summoned or returned as a juror to serve on trials, unless upon mo^ed""^'
struck juries, at any of the courts aforesaid, who hath or shall have t^*co *»
served therein within the space of one year before (the said several
mayors courts excepted). And if any sheriff or his deputy shall will-
fuly transgress therein, the court to which such return shall be made is
hereby authorized and required on examination and proof of such
offence, to set a fine upon such offender for every such offence, not
exceeding forty shillings.
And be it further enacted by the authority aforesaid, That no sheriff Sheriff not
or other officer to whom any writ or precept for summoning any jury or mo^n^^to
inquest shall be directed, or any bailiff or deputy of any such sheriff or excuse per-
ofl5cer, shall directly or indirectly take accept or receive any money or genringas
other reward to excuse any man from serving or being summoned to J"*"®'
serve on any jury or inquest, or under that colour or pretence, on pain
of forfeiting fifty pounds for every such offence ; the one moiety thereof
to the people of the State of New York, and the other moiety thereof to
any person who shall prosecute for the same to effect, and to be recov-
ered with costs of suit in the Inferior court of common pleas of the
county, or any of the said mayors courts where the offence shall have
been committed, by action of debt bill plaint or information wherein no
essoin shall be aJlowed, nor more than one imparlance.
And be it further enacted by the authority aforesaid. That upon all Impanei-
trials in any of the courts aforesaid, (except for capital offences or by r"*8 on^ the
stnick juries, or where views shall have been had) the name of each and ^^'** ^'
every man who shall be summoned and impanelled as a juror upon such
trial, with his place of abode and addition, shall be written on several
and distinct pieces of paper or parchment being all as near as may be of
equal size, and shall be delivered unto the clerk of the court in which
such trial is to be had, by the sheriff or other officer who shall have
returned such jury or his deputy or agent, and shall by direction and
278 LAWS OF NEW YORK. [Chap. 41.
care of such clerk be rolled up, all as near as may be in one and the
same manner, and put together into a box, to be by each respective
sheriff provided for that purpose ; and when the cause, or any cause or
issue for the trial whereof they are returned as jurors shall be brought
on to be tried, the clerk of the court, or some other indifferent person
by direction of the court, shall in open court draw out twelve of the
said papers or parchments one after another; and if any man whose
name shall be so drawn shall not appear, or be challenged and set aside,
then such further number thereof shall be drawn as shall make up the
number twelve who do appear after all causes of challenge allowed, as
fair and indifferent. And the said twelve men so first drawn and appear-
ing and approved as indifferent, shall be sworn, and be the jury to try
such cause or issue, and their names shall be marked in the panel. And
the names of the men so drawn and sworn shall be kept apart by them-
selves in some other box to be provided as aforesaid, and kept for that
purpose untill such jury shall have given in their verdict, and the same
IS recorded; or until such jury shall by consent of the parties or leave of
the court be discharged ; and then the said names shall be rolled up
again and returned to the former box, there to be kept with the other
names remaining at that time undrawn, and so it shall be done as often
as any cause or issue remains then to be tried; but the names of such as
shall at any time be drawn and shall not appear, or be challenged and
set aside shall immediately after the jury in such case, be sworn, be
rolled up again and returned to the same box with the names at that
time undrawn. And if any cause or issue shall be brought on to be
tried in any of the said courts respectively, before the jury in any other
cause or issue shall have brought in their verdict or be discharged, it
shall and may be lawful for the court to order a jury to be drawn in
manner aforesaid out of the names then remaining in the said first men-
tioned box, for the trial of such cause or issue, which shall be so brought
on to be tried.
Penalty for And be it further enacted by the authority aforesaid^ That every grand
anc^o?'***" o^ P^^^^ juror, constable or other officer, whose duty it is to attend any
Juror. of the courts of record in this State, who shall refuse or neglect to
attend according to his duty shall be liable to be fined by such court in
a sum not exceeding ten pounds; and in every case where such fine shall
be imposed by any of the said courts, such court shall immediately
cause public proclamation of such fine to be made by the crier of the
court and if such delinquent, juror, constable or other offices who shall
be fined as aforesaid shall not during the term of setting of the said court
in which such fine shall be imposed, shew a satisfactory reason or excuse
to the said court for his default or non-attendance then such fine so
imposed shall be entreated into the court of exchequer, in order that the
same may be levied and paid into the treasury for the use of the people
of this State,
view of And be it further etiacted by the authority aforesaid^ That in any actions
question*" brought or to be brought in the supreme court or in any of the inferior
by Jury, courts of common pleas in either of the courts of this State, or in either
of the said mayors courts, where it shall appear to the court in which
such actions are or shall be depending, that it will be proper and neces-
sary that the jurors who are to try the issues in any such actions should
have a view of the messuages, lands or place in question, in order to
their better understanding the evidence that will be given upon the
trials of such issues, in every such case the said respective courts in
which such actions are or shall be depending, may order special writs
of distringas or hebeas corpora jur^torum to issue, by which the sheriff
Chap. 41.] NINTH SESSION. 279
or other officer to whom the said writ shall be directed shall be com-
manded to have six out of the first twelve of the jurors named in the
panel annexed to such writ, or some greater number of them at the
place in question some convenient time before the trial, who then and
there shall have the matters in question shewn to them by two persons
in the said writs named, to be appointed by the court; and the sheriff
or other officer who is to execute the said writs, shall by a special return
upon the same, certify that the view hath been had according to the
command of the said writs, and in such case if there is not a struck jury
in such cause, and the parties or their agents or attomies on both sides
shall not mutually agree by writing under their hands on the jurors who
are to have the view, the names of all the jurors returned for the trial
of such cause with their places of abode and additions shall be written on
several and distinct pieces of paper or parchment and rolled up and put
into a box as aforesaid in the presence and by the direction of one of
the judges of the court in which such cause is or shall be depending,
and then the names of so many of them as shall be necessary to go upon
the view but not less than six, shall be drawn out one after another in
the presence of such judge. And the names of the jurors so mutually
agreed upon or ballotted as aforesaid with their places of abode and
additions shall be first written on the panel to be annexed to such writs
of habeas corpora juratorum or distringas, and the names of the residue
of the jurors returned for the trial of such cause with their places of
abode and additions shall be written on such panel immediately follow-
ing the names of the jurors so agreed upon, or balloted for the view, in
the same order they may stand in the panel annexed to the venire facias:
And when such cause is brought on to be tried, such of the said jurors
as shall have had the view and do appear, shall be first sworn upon the ]
jury to try the said cause, before any drawing, and thei>, so many more
shall be drawn as aforesaid to be added to the viewers who appear as
shall after all defaults and challenges allowed, make up the number
twelve to be sworn for the trial of such cause. And further that in all
other cases where any of the jurors shall have had the view of the prem-
ises in question or demand by virtue of any writ original or judicial,
such of the jurors as shall have had the view and do appear and are not
challenged or found unexceptionable, shall be first sworn, and only so
many drawn or balloted, as to make up the number twelve.
And be it further enacted by the authority aforesaid^ That it shall and struck
may be lawful for the said supreme court, and the several inferior courts Jj^JeSnif
and mayors courts herein before mentioned, upon motion, in behalf of and im-
the people of this State or of any prosecutor or defendant in any indict- p*^®"°* **
ment or information, other than for capital offences, or of any plaintiff,
demandant avowant defendant or tenant in any action cause or suit
whatsoever depending, or to be had, brought, prosecuted or carried on
in any of the said courts, and triable by a jury of twelve men, to order
and appoint a jury to be struck for the trial thereof. And in such case
the said courts shall order the sheriff of the proper county, or other
ofiScer who ought to impanel the jury in such case to bring into the
oflftce of the clerk of the said court at a certain day a book containing
the names of the several persons in his county or bailiwic qualified to
serve as jurors on such trial, with their places of abode and additions ;
and after the return of such book the party applying for such struck jury
shall give due notice to the opposite party, and to the clerk of the said
court, or his deputy, of the time and place of striking such jury ; at
which time and place the clerk of the said court or his deputy shall
attend with the said book, and shall in the presence of the parties, or
280 LAWS OF NEW YORK. [Chap. 41.
such of them as shall attend for that purpose, copy out of the said book
the names of forty eight such persons, with their places of abode and
additions, as he shall think most indifferent between the parties, and
best qualified to try such cause or issue ; and then the party applying
for such struck jury or his agent or attorney shall first strike out one of
the said names, and then the opposite party or his agent or attorney
another, and so alternately until each shall have struck out twelve: But
if such opposite party shall not attend such striking, nor any person in
his behalf, then the said clerk or his deputy shall strike for the party
not attending. And when each have struck out twelve as aforesaid, the
remaining twenty four shall be the jury to be returned to try the said
cause or issue. And the clerk of the said court or his deputy shall
thereupon make a fair copy of the names of the same remaining twenty
four persons, with their places of abode and additions, and certify the
same under his hand to be the list of jurors struck as aforesaid for the
tryal of such cause or issue, which list shall be delivered to the sheriff
or other officer who ought to summon such jury, together with the venire
facias; and such sheriff or other officer shall thereupon annex the same
list to such venire facias, and return the same as the panel of the jury
to try such cause or issue, and summon them according to the command
of the same writ. And upon the trial of such cause or issue there shall
be no balloting, but the jurors so struck shall be called as they stand
upon the panel, and the first twelve of them who shall appear and are
not challenged, or shall be found duly qualified and indifferent, shall be
the jury and be sworn to try the said cause or issue ; but the person or
party who shall apply for such struck jury shall bear and pay the fees
for striking thereof, and shall not have any allowance for the same upon
the taxation of costs.
Jurors dl8- And be it further enacted by the authority aforesaid^ That no sheriff or
Slvii'^!ues other officer to whom the return of juries shall or may at any time
not to be belong, shall impanel or return any person or persons to serve on any
SwSa?^ jury for the trial of any capital offence, who at the time of such return
<»•■«*• would not be qualified by virtue of this act to serve as jurors in civil
causes in the supreme court, and the same matter and cause alledged by
way of challenge and so found, shall be admitted and taken as a prin-
cipal challenge, and the person and persons so challenged shall and may
be examined on oath of the truth of such matter.
Actions And be it further enacted by the authority aforesaid^ That all manner
oitis^^ of juries and inquests hereafter to be taken or made between aliens and
and aliens, citizens of any of the United States of America, be they merchants or
SufoL^' others, in any court or before any justice or justices, and whether this
State be party or interested, or not, except in cases of treason, the one
half of the jury or inquest shall be citizens of this State, and qualified by
this act to serve on such juries or inquests and the other half of aliens
if so many aliens and foreigners be in the city county or place where
such jury or inquest is to be taken or made, who be not parties nor with
the parties in the contracts, pleas, quarrels or offences whereof such
juries or inquests are or ought to be taken. And if there be not so
many aliens or strangers then there shall be put on such juries or inquests
as many aliens and strangers as shall be found in the same city county,
or place, which be not thereto parties, nor with the parties as aforesaid,
and the remnant of citizens of this State qualified by this act to serve on
such juries or inquests, and who shall be good men and not suspicious
to the one party, nor to the other.
Challenges And be it further enacted by the authority aforesaid That in all cases
tfonson^ where the attorney general of this State in behalf of this State, or he
Chap. 41] NINTH SESSION. 281
who shall in any case prosecute for the people of this State, shall chal- behalf of
lenge any juror as not indifferent or for any other cause, he who shall ®**^'
make any such challenge shall immediately assign and shew the cause
of such challenge, and the truth thereof shall be inquired of and tried
in the same manner as the challenges of other parties are or ought by
law to be inquired of and tried.
And be it further enacted by the authority aforesaid, That the justices Extra
or justice of the supreme court before whom any trial shall be brought furore^-
at any of the said circuit courts by virtue of any writ, with a nisi prius, g^^oJI?^
where a full jury shall not appear or after appearance of a fully jury, by Log of.
challenge, the jury is like to be remain untaken for default of jurors, shall
have authority by virtue of this act upon request made for the people
of the State of New York, by any authorized thereunto or assigned by
the justices or justice of the court before whom the inquest is to be
taken, or upon request made by any party who prosecutes as well for
the people of this State as for himself, in any case, or upon request made
by the parties plaintiff demand or avowant or tenant or defendant or
his or their attorney to command the sheriff or other officer to whom
the making the return of the said writs shall appertain to name and
appoint as often as need shall require so many of such other able per-
sons of the said county qualified to serve on such juries according to
the intent of this act, then present at such circuit court, and to add and
annex their names to the former panel as shall make up a full jury of
twelve men for the tryal of every such issue. And every of the parties
shall and may have his or their challenge to the jurors so named, added
and annexed to the said former panel by the said sheriff or other officer,
in such wise as if they had been impaneled upon the venire facias
awarded to try the said issue. And the said justices or justice shall and
may proceed to the trial of every such issue with those jurors that were
before impanelled and returned, and with those newly added and annexed
to the said former panel by virtue of this act, in such wise as he or they
might or ought to have done if all the said jurors had been returned
upon the writ of venire facias awarded to try such issue. And further
that all and every such trial shall be as good and effectual in the law
to all intents, constructions and purposes, as if such trial had been had
and tried by twelve of the jurors impaneled and returned upon the writ
of venire facias awarded to try such issue. And in case such persons
as the said sheriff or other officer shall name and appoint as aforesaid
or any of them after they shall be called, be present, and do not appear,
or after his or their appearance, do willfully withdraw him or themselves
from the presence of the court, that then such justices or justice shall
and may set such fine upon every such juror making default or willfully
withdrawing himself as aforesaid as such justices or justice shall think
good by his or their discretion; the same fine to be levied in such man-
ner and form as issues forfeited and lost by jurors for default of their
appearance are or ought by law to be levied.
And be it further enacted by the authority aforesaid That if any jurors Bribery of
sworn for the trial of any issues or in any assizes or other inquests to be pJ^2Sy.
taken between the people of the State of New York and any party, or
between party and party, shall take any thing by them or other of the
party, plaintiff or defendant, or of any other to give their verdict, and
thereof be found guilty in any court of record either at the suit of the
party that will sue for himself, or for the people of the State of New
York, or any other person, by original writ, bill or plaint, every of the
said jurors shall pay ten times as much as he hath taken, with the costs
of suit, and he that will sue shall have the one half, and the people of
Vol. 2. — 36
282 LAWS OF NEW YORK. [Chap. 42.
the State of New York the other half: And that all the embraceors that
Embittceiy bring or procure such jurors or inquests to take gain or profit, shall be
punished in the same manner and form as the jurors. And if the party
to the plea shall bring any such suit or action, and shall recover therein
he shall, also recover his damages by the assessment of the inquest; and
if the juror or embraceor so found guilty shall not have whereof to
make satisfaction in the manner aforesaid he shall be imprisoned for
one year.
General And be it further enacted by tlu authority aforesaid^ That no jury
cf^ ver^ upon any trial hereafter, to be had shall in any case be compelled to
diets. give a general verdict, so that they find a special verdict and shew the
truth of the fact, and require the aid of the court or justices. But if
they of their own will, do give a general verdict, their verdict shall be
admitted at their own peril.
PiremeD to Provided always^ that this act shall not extend to compel any fireman
piaoMex- ^^ ^^ ^^^y o^ New York, or of the city of Albany, or of the township
empt from of Brooklyn in Kings county, lawfully appointed or to be appointed to
Jury uty. g^^^ ^^g jurors in any case whatsoever.
Aotere- And be it further enacted by the authority aforesaid^ That the act
^Ato/r entitled An act concerning the circuit courts, and the act entitled An
act to punish delinquent jurors, constables, and other persons, and all
the laws of the late colony of New York relating to jurors, shall be and
hereby are repealed^
CHAP. 42.
AN ACT making provision for officers, soldiers and seamen who
have been disabled in the service of the United States.
Passed the 22nd of April, 1786.
Preamble; Whereas the United States in Congress assembled, by their act of
om>n-^"* the 7th of June 1785, did resolve in the words following, to wit,
gpess for ** Resolved, That it be, and it is hereby recommended to the several
KvSidand States, to make provision for officers, soldiers or seamen, who have
disabled been disabled in the service of the United States in the following manner
^ *"* vizt: I St. A complete list shall be made out by such person or persons as
each State shall direct, of all the officers, soldiers or seamen resident in
their respective States, who have served in the army or navy of the United
States, or in the militia in the service of the United States, and have
been disabled in such service, so as to be incapable of military duty, or
of obtaining a livelihood by labour. In this list shall be expressed the
pay, age, and disability of each invalid, also the regiment, corps or ship
to which he belonged, and a copy of the same shall be transmitted
to the office of the secretary at war, within one year after each State
shall pass a law for this purpose, and a like discriptive list of the invalids
resident in the respective States, shall from year to year be annually
transmitted to the office of the secretary at war." "2nd. No
officer, soldier or seaman, shall be condsidered as an invalid, or entitled
to pay, unless he can produce a certificate from the commanding officer
or surgeon of the regiment, ship, corps or company in which he served*
or from a physician or surgeon of a military hospital, or other good and
sufficient testimony, setting forth his disability, and that he was thus
disabled while in the service of the United States." ** 3d. That
all commissioned officers within the aforesaid description, disabled in
Chap. 42.] NINTH SESSION. 283
the service of the United States, so as to be wholly incapable of mili-
itary duty, or of obtaining a livelihood, be allowed a yearly pension
equal to half of their pay respectively. And all commissioned officers
as aforesaid, who shall not have been disabled in so great a degree, be
allowed a yearly pension which shall correspond with the degree of
their disability compared with that of an officer wholly disabled: That
all non-commissioned officers and privates within the aforesaid descrip-
tion, disabled in the service of the United States, so as to be wholly
incapable of military or garrison duty, or of obtaining a livelihood by
labour, be allowed a sum not exceeding five dollars per month: And all
non-commissioned officers and privates as aforesaid, who shall not have
been disabled in so great a degree, be allowed such a sum as shall cor-
respond with the degree of their disability, compared with that of a
non-commissioned officer or private wholly disabled." ** 4th. That
each State appoint one or more persons of suitable abilities, to examine
all claimants, and to report whether the person producing a certifi-
cate, setting forth that he is an invalid, be such in fact, and if such,
to what pay he is entitled; and thereupon, and thereupon,* the persons
appointed to make such enquiry, shall give to the invalid, a certificate
specifying to what pay he is entitled, and transmit a copy to the per-
son who may be appointed by the State, to receive and record the
same." " 5th. That each State be authorized to pay to the com-
missioned officers, non-commissioned officers and privates, the sum or
sums to which they shall be respectively entitled, agreably to the before
mentioned certificates ; the said payments to be deducted from the
respective quotas of the States for the year on which they shall be
made. Provided that no officer who has accepted his commutation for
half pay, shall be entered on the list of invalids, unless he shall have
first returned his commutation." " 6th. That any State may form
such invalids under the aforesaid description, as are citizens of the
same, and are capable of garrison duty, into corps, to be employed in
guarding military stores, aiding the police, or otherwise, as the State
may direct." " 7th. That when invalids shall be formed into corps,
there be quarterly returns, comprehending the pay, age, disability regi-
ment, ships or corps to which they severally belong, made out and
assigned by their commanding officer, and transmitted to such person
or persons, as the State shall direct, that their pay may be ordered
according to said return." " 8th. That all invalids, as well those
formed into corps, as those who are not, shall annually apply themselves
to a magistrate of the county in which they reside, or may be stationed,
and take the following oath viz : A. B. came before me, one of the
justices for the county of in the State of and made
oath, that he was examined by appointed by the said State
(or Commonwealth) for that purpose, obtained a certificate, or had his
certificate examined and countersigned setting forth that he had served
in that he was disabled by and that he now lives in the
and in the county of " " 9th. That the affidavits,
drawn according to the above form, and dated and attested by a magis-
trate, be sent by the said magistrate, to the person or persons appointed
by the State, to receive and record the same, and that a counterpart of .
the affidavit, be preserved by the person taking it, to be exhibited to
such persons, as shall be appointed by the State to pay the invalids."
Therefore in order to comply with the said act of Congress.
Be it enacted by the People of the State of New York, represented in ^^J^JJed
•Switf/f and Assembly , and it is hereby enacted by the authority of the same^ to examine
That the governor or person administering the government of this State 8S3maSt».
*So in original.
284 LAWS OF NEW YORK. [Chap. 42.
for the time being Richard Varick and Richard Piatt Esquires or any
two of them in the city of New York, and Abraham Ten Broeck, Peter
Gansevoort Junr. and Philip Schuyler Esquires or any two of them in
the city of Albany be, and they hereby are authorized and empowered,
to examine all persons resident in this State and claiming relief under
the said act of Congress, whether the person producing a certificate that
he is an invalid, be such in fact and if such, to what pay (upon the
principles of the said act of Congress) he is entitled; and shall there-
upon give to such invalid a certificate specifying to what pay he is
entitled, and transmit a copy thereof to the auditor of this State for the
time being, who is hereby directed to receive and record the same. Pro-
tided always that it shall and may be lawful to and for the persons above
designated and maned, or any two of them to call to their assistance
such and so many surgeons and physicians as they may from time to
time think proper, and to examine any such claimant and any other
person or persons whom they may think proper on oath or affirmation
concerning any such claim.
Oath to be And be it further enacted by the authority aforesaid^ That all such
peiosioners. invalids as may reside within this State, shall annually, between the first
day of April and the first day of June, apply themselves to a magistrate
of the county in which they respectively reside or may be stationed, and
take an oath in substance, as contained in the following form of an "affi-
davit, to wit, A. B. came before me one of the justices for
the county of in the State of New York, and made oath
that he was examined by appointed by the said State for
that purpose, obtained a certificate, or had his certificate examined and
countersigned, setting forth that he had served in that he
was disabled by and that he now lives in the
and in the county of
Oaths filed And be it further enacted by the authority aforesaid^ That the affida-
auditor. vits SO drawn according to the above form, and dated and attested by
the justice before whom the same may be taken, shall be sent by the
said justice to the auditor of this State for the time being, who is hereby
required to receive and record the same. And that a counterpart of
such affidavit be delivered by the said justice to the person making the
same, to be by him exhibited to the treasurer of this State.
Auditor to And be it further enacted by the authority aforesaid^ That the auditor
uS*or'* of this State for the time being, be and he hereby is required and
penglonera directed, to make out a compleat list of all such disabled officers, soldiers
toiS^fwar. 2ind seamen resident in this State, who according to the tenor of the said
act of congress, are to be considered as invalids and entitled to pensions;
in which list shall be expressed the pay, age, and disability of each
invalid, also the regiment corps or ship to which he belonged, one copy
of which list, the said auditor shall as soon as may be transmit to the
office of the secretary at war and another to the treasurer of this State.
And further that the auditor of this State for the time being, shall yearly
and every year transmit to the office of the secretary at war, a like
descriptive list of the invalids resident in this State, and a copy thereof
to the treasurer of this State.
Treasurer. And be it further enacted aforesaid^ That it shall and may be lawful
Bions^^'* for the treasurer of this State for the time being, on the first Monday of
Igwjy^n June in every year, or as soon thereafter as may be, upon having received
Monday of from the auditor of this State, the list herein before directed to be
June. delivered him, to pay to the said invalids, the pensions or sums, to
which they shall be respectively entitled, according to the certificates
and lists aforesaid, the said invalids first exhibiting to the treasurer the
Chap. 43.] NINTH SESSION. 285
affidavits in the form aforesaid, by them respectively made in the month
of April or month of May then last past, and to charge such sum or
sums as paid to the United States, to be deducted from the quotas of
this State, agreably to the above recited act. Provided always that the
said treasurer, shall not pay any of the said invalids for any period for
which they respectively may "have been settled with, in pursuance of
any former law of this State.
And be it further enacted by the authority aforesaid^ That the act -^o*"
entitled "An act to cary into execution certain resolutions of Congress JSJ^aied.
making provision for persons, who may become disabled while in the
service of the United States "passed the loth of March 1779," and the
act entitled "An act for making further provision for persons who have
or may become disabled while in the service of the United States
"passed the i8th of March 1783," be and the same are hereby repealed,
as far as respects pensions or allowances on account of disabili^ after
the first day of June last
CHAP. 43.
AN ACT for the more effectual prevention of fires in the city
of Nev»r York.
Passed the 22d of April, 1786.
Whereas the storing of pitch, tar, turpentine, • rosin, spirits of tur- Preamble..'
pentine, linseed oil, or shingles in any houses, store houses, cellers or
other places within this city, may be of very bad consequence in case
of fire breaking out at or near the place, where any such commodities
are stored.
And whereas the firing and discharging of guns, pistols, rockets, Inflam*
crackers, squibs and other fire works in the city of New York, may not S^l^"*^
only do personal injury to the inhabitants and others, but the city be atoiing of,
in danger of being set on fire by such practices ; for remedy whereof. York city
Be U enacted by the People of the State of New York represented in f^^'^
^nate and Assembly y and it is hereby enacted by the authority of the same^ Bpeoifled.
That Jrom and after the first day of June next, no pitch, tar, turpentine,
rosin, spirits of turpentine, linseed oil, or shingles, shall or may be put in
any place in the city of New York to the southward of fresh water,
other than in such proper place or places as shall be appointed and
approved of by the mayor aldermen and commonalty of the city of
New York, in -common council convened, under the penalty of ten
pounds for every offence or refusal to remove the same, to be levied by
warrant under the Jiand and seal of one or more justices of the peace
for the city and county of New York, by distress and sale of the goods
and chattels of the offender upon due conviction upon oath, or upon
the view of one or more of such justices of the peace, rendering the
overplus (if any be) to the owners: And for want of such distress, the
offender shall be imprisoned by warrant from the said justice or jus-
tices, who are hereby impowered and required to issue such warrant
nntil payment as aforesaid ; which said forfeitures shall be paid to the
chamberlain of the city of New York for the time being, for the use of
Ae poor of the said city. Provided always that it shall and may be
lawful to and for such inhabitants of the said city, who are ship chand-
feis, to have near their doors in the open street, and not in any building
286 LAWS OF NEW YORK. [Chap. 44.
or inclosure, a small quantity of pitch, tar, rosin and tuipentine, not
exceeding in the whole at any one time, twenty barrels, in order the
more readily and handily to supply the merchant ships and others, who
may have occasion for small quantities of such commodities, any thing
herein before contained to the contrary hereof in any wise nothwith-
standing.
Discharge And be it further enacted by the authority aforesaid^ That if any person
works in ^^ persons of what age sex or quality soever, from and after the said
partof city first day of June next, shall fire and discharge any gun, pistol, rocket,
penalty * cracker, squib or other fire work, in any street, lane or alley, garden or
f*^'' other inclosure or from any house, or in any other place where persons
frequently walk, to the southward of fresh water ; that then every such
person or persons so offending and being thereof convicted before one
or more justice or justices of the peace, for the said city, and county of
New York, either by the confession of the party or parties so offending
or the oath of one or more witness or witnesses (which oath the said
justice or justices of the peace is and are hereby impowered and re-
quired to administer) shall for every such offence forfeit the sum of
twenty shillings, the said forfeitures to be levied by distress and sale of
the goods and chattels of every such offender by warrant under the
hand and seal of the said justice or justices of the peace before whom
such conviction or convictions, shall be as aforesaid made ; which for-
feiture shall be paid to the said chamberlain for the use of the poor of
the said city of New York. And if the said offenders shall not pay
the said forfeiture or forfeitures, upon conviction as aforesaid, and want
of sufficient distress whereon the same can be made, that then every
such justice or justices of the peace is and are hereby impowered and
required by warrant under his or their hands and seal to commit every
such person or persons so as aforesaid offending, to the common gaol
of the city and county of New York, there to remain without bail or
mainprize for the space of ten days, unless such forfeiture or forfeitures
be sooner paid ; but in case such offender or offenders, in the premises
last above mentioned, shall happen to be a slave or slaves, and the for-
feiture or forfeitures aforesaid, shall not be forthwith paid, that then it
shall and may be lawful to and for such justice or justices before whom
the conviction shall be, to cause such slave or slaves to be publicly
whipped on the naked back, such number of stripes as he or they shall
think proper, not exceeding thirty nine which punishment shall be in
lieu and stead of the said forfeiture.
CHAP. 44.
AN ACT for keeping the highway in that part of the manor of
Rensselaerwyck called the Colonic in repair.
Passed the 22d of April, 1786.
Coionie, Be it enacted by the People of the State of New York represented in
aodciear- ^^^^^ ^^ Assembly and it is hereby enacted by the authority of the same
\ng of That it shall and may be lawful to and for the overseers of the highway
P^ro^sions ^o be elected in the manner herein after mentioned respectively from
for. time to time to direct all and every person and persons being mhabi-
tants of that part of the west district of the manor of Rensselaerwyck
lying to the northward of the city of Albany and to the southward of
Chap. 44] NINTH SESSION. 287
Vater Vliet commonly called the Colonie, or holding any lots of ground
in the same to clear or clean the streets or highways directly opposite
to the lots of ground owned or possessed by such person or persons
respectively to the middle of such streets or highways and to remove all
fire wood, stones or any other thing whatsoever which may at any time
be placed or conveyed on or into such part of any such streets or high-
ways, which he she or they are hereby required to clear and clean (the
necessary materials for building any dwelling house only excepted).
And if any such person or persons when thereunto required by the said
overseers or either of them shall neglect or refuse for the space of three
days being so required to clear or clean such streets or to remove any
fire wood, stones or other things as aforesaid the person or persons shall
for every day he, she, or they shall so neglect or refuse; forfeit and pay
the sum of three shillings to be recovered and applied in the manner
herein after directed.
And be it further enacted by the authority aforesaid That each and streets to
every person, being an inhabitant of the said Colonie shall from time to oS not?^
time within two months after notice shall be given to them respectively 'rom orer-
by the said overseers pave or cause to be paved with stones or pebbles highways,
in such manner as the said overseers shall direct opposite their respect-
ive lots of ground the said streets or highways not exceeding fifteen feet
in breadth and that all and every person and persons not being an inhab-
itant or inhabitants of the said Colonie but holding or possessing any
real estate or lot of ground therein shall within two months after they
shall be respectively required thereunto' by any of the said overseers,
lay with gravel in such manner as the said overseers shall direct not
exceeding fifteen feet in the streets or high ways opposite their respect-
ive real estates or lots of ground; and if any person shall neglect or
refuse to comply with the directions of any of the said overseers respect-
ing paving or laying the streets or highways with gravel he or she so
offending shall forfeit and pay for every month he or she shall so neg-
lect or refuse the sum of twenty shillings.
And be it further enacted by the authority aforesaid That the said streets to
overseers shall from time to time direct the said streets or high ways to ^® *®^«*«'*-
be levelled by the persons who are by this act compelled to clear or
clean the same in such parts as they are hereby respectively required to
clear or clean the same in such manner as to the said overseers shall
appear most promotive of public convenience; and if any person shall
neglect or refuse to comply with the directions of the said overseers
given in pursuance of this clause, he or she so offending shall for every
nionth he or she shall so neglect or refuse forfeit the sum of ten shil-
lings.
And be it further enacted by the authority aforesaid^ That every person Fast driv-
er persons who shall ride or drive with any carriage or horse or horses paved
thro' any of the said streets or highways or any part thereof so paved "treete,
or gravelled as aforesaid, or in any other part of such streets or high For.* ^
ways, faster than a common trot shall, for every such offence, forfeit the
sum of three shillings.
And be it further enacted by the authority aforesaid That it shall and Overseers
may be lawful to and for the freeholders and inhabitants of the said wayl^^eo-
Colonie at their annual election for town officers, yearly to elect two t*o« <>'•
freeholders to be overseers of the highways to carry this act into effect. -^
And be it further enacted by the authority aforesaid That every fine penalties
and penalty incurred in pursuance of this act shall and may be sued for JS^^to^*^
and recovered by the overseers aforesaid in their names before any jus- hiAway
tice of the peace of the county of Albany and when so recovered shall Sod.
288 LAWS OF NEW YORK. [Chap. 45.
be retained by the said overseers to be applied to the special purpose
of constructing bridges in the said Colonie and after such bridges shall
be compleated to improving and amending the said street or highways
in such manner as the said overseers shall from time to time deem
proper •
CHAP. 45.
AN ACT for the more effectual draining a certain tract of
meadow land in New Town in Queens county.
Passed the 22d of April, 1786.
Preamble. Whereas there is a certain tract of meadow in New Town in Queens
county which is often covered with water for want of being properly
drained. And whereas Charles Roach and others inhabitants of New
Town aforesaid by their petition to the legislature in the present session
have prayed that the owners of the said meadow may be compelled to
drain the same ; Therefore
Meadows Be it efiacted by the People of the State of New York represented in
town^ be ^^^^^^ ^^ Assembly and it is hereby enacted by the authority of the same
drained. That the owners or proprietors of the said meadow shall cause the same
to be drained by making and keeping properly cleared a sufficient ditch
for that purpose from the upland of the said Charles Roach to the
division line between Abraham Rapelje and Ann Fish and running as
the main ditch now does through the said meadow. And further that
each and every owner or proprietor of any part of the said meadow
shall from time to time at his or her own expence cause his or her pro-
portionable part of the said ditch to be made and properly cleared
according to his or her right interest or share of or in the said meadow.
Persons to And be it further enacted by the authority aforesaid That it shall and
tosuperin- may be lawful for the owners or proprietors of the said meadow for the
inS**aPDor- ^^^^ ^^^Pg ^^ meet together at. the dwelling house of Gabriel Smith in
tfonex- ^ New Town aforesaid on the first Tuesday of June next and yearly and
pense, etc. ^yery year thereafter on the first Tuesday in May yearly at such place
in New Town aforesaid as shall be appointed for that purpose by a
majority of them at their first or any other annual meeting and then
and there to elect and chuse such or so many person or persons to
superintend and direct the making and clearing such ditch as the said
owners or proprietors or the major part of them so met together shall
think proper and such person or persons so elected and chosen shall
from time to time whenever it shall be necessary direct how much and
what part of the said ditch each and every owner or proprietor of the
said meadow shall make or clear and in what manner the same shall be
made or cleared and give notice thereof to them respectively in writing
or cause such notice to be fixed up in some public place in New Town
aforesaid and if any or either of such owners or proprietors shall not
within fifteen days after such notice make or clear his or her part of the
said ditch then the person or persons so elected and chosen shall and
may cause the same to be done and the expence thereof shall be paid
by the owner or proprietor who ought to have done the same and the
person or persons so elected and chosen are hereby authorised to sue
for and recover such expence by action of debt with costs of suit
before any justice of the peace in the county aforesaid but in case any
Chap. 46.J NINTH SESSION. 289
such owner or proprietor is or shall be under age or out of the said
county then it shall be lawful for the said person or persons so elected
and chosen to take and receive the rents or profits of the part or share
of the said meadow belonging to such person or persons so under age
or absent to the amount and in payment of the said expence.
CHAP. 46.
AN ACT to amend an act entitled An act for building a court
house and gaol in Queens county and for repairing the court
house and gaol in Suffolk county and for other purposes.
Passed the 25th of April, 1786.
Whereas by an act entitled An act for building a court house and Piraambie.
gaol in Queens county and for repairing the court house and gaol in
Suffolk county and for other purposes passed the thirty first day of
March in the year of our Lord one thousand seven hundred and eighty
five it was enacted that the supervisors of the several towns and dis-
tricts in the said county for the time being should and they were thereby
authorised and required to direct to be raised and levied on the* free ,
holders and inhabitants of the said county a sum not exceeding two
thousand pounds for building a court house and gaol in the said county.
And whereas the persons appointe*d in and by the said act to superin-
tend and direct the building of the said court house and gaol in the
said county of Queens have proceeded so far in the said business that
the house for the purpose has been raised and inclosed but no part of
the monies directed by the said act has been raised or levied. And
whereas many of the freeholders and inhabitants of the said county
of Queens have petitioned the legislature in the present session praying
that the said house may be removed and put in a more suitable and
convenient place ; Therefore
Be it enacted by the People of the State of New York represented in Queens
Senate and Assembly and it is hereby enacted by the authority of the same, juSSe^d
That it shall and may be lawful for the judges of the court of common Buperrisow
pleas in and for Queens county aforesaid and the supervisors of the mine^Ue
sajd county for the time being or the major part of them, either to Souse wad
cause the said house to be removed and put and finished in a more poi; mon-
convenient place or to be finished where it now stands, as to them or ©life for.
the major part of them shall seem most proper and for the best advan-
tage and convenience of the freeholders and inhabitants of Queens
county aforesaid and to apply for that purpose all such monies as now
are or hereafter may be in the hands of the treasurer of Queens county
aforesaid by virtue of an act entitled An act for the more effectual col-
lection of the arrears of taxes passed in the present sessions of the
legislature and not otherwise appropriated. And if the said monies
shall not be sufficient for the purposes aforesaid then it shall be lawful
for the supervisors of Queens county aforesaid or the major part of
them to cause so much of the said sum of two thousand pounds but
not exceeding the sum of eight hundred pounds as the said judges and
supervisors or the major part of them shall think necessary for the pur-
poses aforesaid, to be assessed raised levied and collected in the manner
the necessary and contingent charges of the said county are or ought
to be assessed raised levied and collected and to be paid into the hands
Vol. 2. — 37
290 LAWS OF NEW YORK. [Chap 47.
of the treasurer of Queens county aforesaid at such time as the said
judges and supervisors or the major part of them shall direct.
Treasurer And be it further enacted by the authority aforesaid That the treasurer
mooey on ^^ Queens county aforesaid shall and he is hereby required to pay the
warrant of said monies so in his hands and the monies so to be raised as aforesaid
Buplrvte^^ in such manner as the said judges and supervisors or the major part of
o"' them shall from time to time by warrant under their hands and seals
direct and appoint.
Meeting of And be it further enacted by the authority aforesaid That the said
superviS?*^ judges and supervisors shall meet together for the purposes aforesaid on
g»»^*»«re the first Tuesday in June next, at the house of Benjamin Cheesman in
North Hempstead, and it is hereby made the duty of the clerk of the
supervisors to give them notice thereof; and it shall and may be lawful
for the said judges and supervisors or the major part of them so met to
adjourn to any other time, and further to adjourn from time to time as
they may think proper.
Orange And be it further enacted by the authority aforesaid That the sheriff
court^* of the county of Orange with Henry Wisner Esquire and Coe Gale
**ard* merchant, of the said county, may cause a yard to be made adjoining
^ the court house in Goshen in the county aforesaid, in such manner as
they or the survivors or survivor of them may think proper, and the ex-
penc^ of making the same shall be levied and paid by the precincts of
Goshen and Cornwall in the said county in the same proportions as the
other contingent charges of the said precincts are levied and paid.
CHAP. 47.
AN ACT to naturalize the persons therein named.
Passed the 25th of April, 1786.
Preamble; WHEREAS Peter McDougal, James Brebner, Alexander Riddle, Andrew
pereoDB^' Brown, Hugh Henderson, Thomas Vaughan James, John Robertson,
petitioning James Philips, John Goodeve, Alexander Lindsay, George Bamewall,
aJiz2So*ir John Given, James Caldwell junior, William McMath, John Gary, John
Stuart, John McDonald, Conrad Beehrig, Samuel Kerr, James Saidler,
George Shea, John McCarthy, Stephen Menton, George Courtauld,
William Hill, George Syder, Henry Sadler, William Bailie, Carlile Pol-
lock, George Pollock, William Makee, James Mason, Hugh Smith, John
Sullivan, Gibbon Bourke, Andries Morris, Charles May Ion, John Camp-
bell, David Reedy, Francis I'anfe, John Turner junior, Johannes Henri-
cus, Andries Mynants, John Tauon, Louis Chollet, Frederick Chollet,
Henry Pope, Thomas Price, Alexander Carens, Nathaniel Osborne,
David C. Franks, William Kidson, Dirck Zeeman, Fox Smith, Philip
Boyd, John Perken, Alexander McAuley, John Franklin, Christopher
Smith, George Fisher, Peter Ropp, Samuel Norton and Martha his
wife, Samuel Judah, James Macombe, Robert Willson, James McKeoun,
James Inglis, John Johnson, Marin Francis Durand, Christopher Kins-
man, William Wade, Andrew Stroudman, John Fentf reyde, Peter Sailley,
James Rousse, Duncan McLaran, Hugh Chalmers, John Houlroyd^
Joseph Hudswell, James Forrest, John Hudswell, John Carey, James
Mcintosh, James Grant, Henry Asdore, John Keyser, Lewis Dixon,
Thomas Warr and Samuel Kelly, have by their several petitions prayed
to be naturalized.
Chap. 48.] NINTH SESSION. 291
Be it enacted by the People of the State of Neiu York, represented in Penons
Senate and Assembly and it is hereby enacted by the authority of the same JJuirai-
That the above named persons shall be and they are hereby respectively ized: oath
naturalized, and shall from and after having taken and subscribed in SoJ" to*be
any court of record within this State, the oath of allegiance to this State taken,
and abjured and renounced all allegiance and subjection, to all and
«very foreign king, prince, potentate and State, in all matters ecclesias-
tical as well as civil, be deemed citizens of this State to all intents, con-
structions and purposes whatsoever, and that the court in which any of
the persons hereinbefore mentioned, shall be admitted to take such oath,
shall cause an entry thereof to be made in the minutes of the said court
in pursuance of this act, and such persons upon taking such oath shall
respectively pay to the judges of such court six shillings and to the
clerk thereof three shillings, provided always
And be it further enacted by the authority aforesaid^ That such of the If oath not
persons above named and hereby naturalized as shall not take the oath J^^ye^,
of allegiance and abjuration aforesaid in manner herein before directed act not to
within twelve calendar months next after the passing of this act shall ***^ ^*
have no manner of benefit by this act any thing herein contained to the
contrary notwithstanding.
And be it further enacted by the authority aforesaid^ That John Leake Children of
Norton, Robert Burridge Norton and Samuel John Leake Norton, chil- ^^011
dren of the said Samuel Norton and Martha his wife, shall be and each njjf ^^*
and every of them is and are hereby naturalized to all intents, construe- arriving; at
tions and purposes whatsoever and from henceforth and at all times yeJ[JJ®of^
hereafter shall be entitled to and have and enjoy all the rights, liberties, age.
privileges and advantages which the citizens of this State have and
enjoy or ought to have and enjoy as fully to all intents and purposes
whatsoever as if all and every of them had been bom in this State ; pro-
vided always that the said John Leake Norton, Robert Burridge Norton,
and Samuel John Leake Norton shall respectively take the oath of alle-
giance and abjuration aforesaid within one year after they shall respect-
ively arrive to the age of fourteen years.
And be it further enacted by the authority aforesaid^ That any lands Lands
tenements or hereditaments purchased within this State previous to the Sure^hMel
passing of this act, by any of the persons hereinbefore mentioned, shall ^y persons
not on account of souch purchase being previous to the passing of this to escheau
act, escheat to the people of this State, but shall rest in such purchaser
in the same manner as if such purchaser had been naturalized at the
time of such purchase any thing in any law to the contrary notwith-
standing.
CHAP. 48.
AN ACT acceding to the acts of Congress of the twenty seventh
of September and the twelfth of October one thousand seven
hundred and eighty five.
Passed the 28th of April, 1786.
Whereas the United States in Congress assembled in and by their Preamble,
act of the twenty seventh of September one thousand seven hundred
and eighty five among other things made a requisition on this State for
the sum of two hundred and fifty six thousand four hundred and eighty
six dollars, in such manner that the one third of which sum being paid in
292 LAWS OF NEW YORK. [Chap. 48.
actual money, the other two thirds may be discharged by the interest
due upon loan office certificates and upon other certificates of the liqui-
dated debts of the United States. Therefore \
Act of I. Be it enacted by the People of the State of Neu*York represented in
acc^l^ Senate and Assembly ^ and it is hereby enacted by the authority of the samCy
^^' That the said act of Congress of the twenty seventh of September one
thousand seven hundred and eighty five, so far forth as the same relates
to this State be, and the same is hereby fully acceded to.
Treasurer II. And be it further enacted by the authority aforesaid That the treas-
flumssped- tirer of this State shall be and he is hereby required to pay to the Con-
Unf^d tinental loan officer within this State or to the order of the United
States. States in Congress assembled on or before the first day of May next,
out of any money which may be in the treasury of this State, the one
third part of the said sum of two hundred and fifty six thousand, four
hundred and eighty six dollars in gold or silver coin, amounting to
eighty five thousand, four hundred and ninety five dollars and thirty
ninetieths of a dollar, and the other two thirds of the said sum of two
hundred and fifty six thousand, four hundred and eighty six dollars,
amounting to one hundred and seventy thousand, nine hundred and
ninety dollars and sixty ninetieths of a dollar, in the certificates to be
issued in payment of the interest of the domestic debt of the United
States previous to the first of January one thousand seven hundred and
eighty five, conformable to the said requisition of Congress dated the
twenty seventh of September one thousand seven hundred and eighty
five. And the treasurer of this State is hereby required from time to
time to transmit to the Continental loan officer within this State all such
loan office certificates issued out of the said loan office, as now are or
hereafter from time to time shall come into his hands, and all other cer-
tificates of liquidated debts of the United States, which by any law of
this State are or may be receiveable in the treasury, and have the inter-
est settled and certified agreeable to the directions in the aforesaid act
of the United States in Congress assembled of the twenty seventh of
September one thousand seven hundred and eighty five. And also to
transmit all such loan office certificates as have been issued out of the
loan offices of any other of the United States, and which now are or
hereafter may from time to time come into his hands, to the loan offices
from which such loan office certificates respectively issued, and to have
the interest settled and certified as by the said act of Congress is directed.
And the interest due on all such loan office certificates as aforesaid and
upon all other certificates of the liquidated debts of the United States
so settled and certified as aforesaid to pay towards the discharge of the
said sum of one hundred and seventy thousand nine hundred and ninety
dollars and sixty ninetieths of a dollar, being the two thirds of the above
mentioned requisition.
And for preventing the depreciation of certificates to be issued in
pursuance of the said act of Congress of the twenty seventh of Septem-
ber one thousand seven hundred and eighty five.
Deficiency HI. Be it further enacted by the authority aforesaid. That if on the
catM*lo be first day of January one thousand seven hundred and eighty seven cer-
Bpecie* lificates so to be issued as aforesaid to the amount of the said sum of
one hundred and seventy thousand nine hundred and ninety dollars and
sixty ninetieths of a dollar shall not be in the hands of the treasurer of
this State or shall not by him before that time be paid to the Continen-
tal loan officer within this State, or to the order of the United States in
congress assembled, the deficiency shall be paid into the Continental
treasury or to the order of the United States in congress assembled, in
Chap. 49.] NINTH SESSION. 293
specie, by the treasurer of this State out of any monies which may be
in the treasury.
AndwhereaSy the United States in congress assembled by their act of
the twelfth of October one thousand seven hundred and eighty five
required such of the States as were deficient in paying their respective
quotas of the interest of the domestic debt pursuant to the requisition
of the fourth of September one thousand seven hundred and eighty two,
and the twenty seventh and twenty eighth of April one thousand seven
hundred and eighty four to collect and pay into the public treasury the.
amount of such deficiencies either in certificates to be issued by the
commissioners of the Continental loan officers pursuant to the requisi-
tion of the twenty seventh of September 1785 for the payment of the
said interest, or in specie; to be applied to the redemption of such cer-
tificates: and whereas the deficiency of this State upon the said requisi-
tion is fifty four thousand dollars, the quota of one million, two
hundred thousand dollars apportioned to this State by the act of cong-
ress of the fourth of September, one thousand' seven hundred and eighty
two.
IV. Be it enaeted by the authority aforesaid^ That the treasurer of this Deflcfdncy
State be and he is hereby required to pay into the treasury of the United tobe*paid
States or to the order of the United States in congress assembled in any in^rtifl-
certificates to be issued by the commissioners of the Continental loan ^*
offices pursuant to the requisition of the twenty seventh of September
one thousand seven hundred and eighty five, the said sum of fifty four
thousand dollars required of this State by the aforesaid act of the twelfth
of October one thousand seven hundred and eighty five, being the
quota of one million two hundred thousand dollars apportioned to this
State by the aforesaid act of the fourth of September one thousand
seven hundred and eighty two, and the whole of the deficiency of this
State upon the said requisition of the fourth of September one thousand
seven hundred and eighty two and the twenty seventh and twenty
eighth of April one thousand seven hundred and eighty four.
CHAP. 49.
AN ACT supplementary to the act entitled "An act to appoint
agents or commissibners for vindicating the right and jurisdic-
tion of this State against the claims of the Commonwealth of
the Massachusetts, pursuant to the Articles of Confederation,
and perpetual Union of the United States."
Passed the 2Sih of April, 1786.
AV'hereas in and by the act entitled "An act to appoint agents or com- Preamble,
missioners for vindicating the right and jurisdiction of this State against
the claims of the Commonwealth of the Massachusetts, pursuant to the
Articles of Confederation and perpetual Union of the United States "
passed the 12th of November 1784," James Duane, John Jay, Robert
R. Livingston, Egbert Benson and Walter Livingston Esquires were
declared to be agents for this State, in the controversy between this State
and the Commonwealth of the Massachusetts as mentioned in the said
act. And whereas the said John Jay and Walter Livingston have
informed this legislature, that they cannot attend the duties required of
them by the said act, by reason of the offices they severally hold under
294 LAWS OF NEW YORK. [Chap. 50.
the United States, and have requested to resign their appointments as
agents in the controversy aforesaid, whereby it is become necessary, that
other persons be appointed in the place of the said John Jay and Walter
Livingston. Therefore
John Be it enacted by the People of the State of New York represented in
S appoint- '5'-f«<z/^ and Assembly^ and it is hereby enacted by the authority of the same^
ed agents That John Haring Melancton Smith Robert Yates and John Lansing
chuaSm' Junior Esquires be, and they are hereby appointed and declared tO' be
versy^ agents, in the place of the said John Jay and Walter Livingston, for
this State in the controversy aforesaid. And in order that the said con-
troversy may be brought to a speedy issue.
£4,000 to Be it further enacted by the authority aforesaid^ That the said James
ageuto. Duane, Robert R. Livingston, Egbert Benson, John Haring Melancton
Smith, Robert Yates and John Lansing Junior or such of them as shall
attend the tryal of the controversy aforesaid, at the Federal court
appointed to determine the same, have a credit on the treasury, for a
sum not exceeding four thousand pounds, to be paid them by the treas-
urer of this State on account.
Agents to And be it further enacted by the authority aforesaid^ That it shall and
troveiSy M '^^X ^^ lawful for the said James Duane Robert R. Livingston, Egbert
may seem Benson, John Haring Melancton Smith, Robert Yates and John Lansing
Junior or any five or more of them, to settle the said controversy
between this State and the Commonwealth of the Massachusetts other-
wise than by the said Federal court as mentioned in the said act, in such
manner as they shall judge most conducive to the interest of this State.
best.
CHAP. 50.
AN ACT supplementary to an act entitled " An act to appoint
commissioners to settle and adjust' any differences which may
arise between the proprietors of certain lots in the city of New
York the buildings whereof were burnt in the year 1776, and
for altering the streets which heretofore were laid out adjoining
to such lots.'*
Passed the 28th of April, 1786.
Preamble. »Vhereas it is represented by the mayor aldermen and commonalty
of the city of New York in common council convened, that in pursu-
ance of the law of this State entitled " An act to appoint commissioners
to settle and adjust any differences which may arise between the pro-
prietors of certain lots in the city of New York, the buildings whereof
were burnt in the year 1776, and for altering the streets which hereto-
fore were laid out adjoining to such lots passed the 4th day of May
1784," the corporation did appoint Peter Van Brugh Livingston, Leon-
ard Lispenard, Abraham Lott, Henry Remsen and Gerard Bancker
Esquires, as commissioners for laying out the streets in such parts of
the said city, as have been destroyed by fires which have happened
therein during the late war; that among other streets, the said commis-
sioners did lay out the street commonly called Greenwich street in the
west ward of the said city, to be sixty six feet wide, and to be continued
from the south side of Courtlandt street to the battery ; that the plan
and report of the said commissioners, were laid before and approved of
by the said corporation: but that the mode in and by the said law directed
Chap. 51.] NINTH SESSION. 295
for ascertaining the damages supposed to be sustained by the proprietor
or proprietors of any such lot or lots is wholly inadequate, and that the
said law hath in other respects been found by experience not to answer
the good purposes for which it was intended. Therefore
Be it enacted by th€ People of the State of New York, represented in Commia-
Senate and Assembly^ and it is hereby enacted by the authority of the same^ S*ppS£e^
That instead of appraisers in and by the said law directed to be land dam-
appointed, by the proprietor or proprietors of such lot or lots respec- Jnlayfug'
tively on the one part, and by the corporation on the other part, it shall oJlenwlch
and may be lawful to and for the said Peter Van Brugh Livingston, street.
Leonard Lispenard, Abraham Lott, Henry Remsen and Gerard Bancker
Esquires, or any three of them to appraise each lot which is altogether
taken into Greenwich street aforesaid, and shall also upon a full and
equitable investigation of all the circumstances attending the alteration
and continuation of the street aforesaid, determine and award the
lessened or advanced value of each lot, occasioned by such alteration
and continuation as aforesaid, whether the quantity of land in any lot
continues the same, or has been diminished or increased, and shall
report their determination and award thereon in writing to the said cor-
poration, in orcjer that provision may be made as in the said law is
directed, for paying the proprietor or proprietors, his, her or their law-
ful representative or representatives, the full amount of the damages so
adjudged to be sustained by him her or them, by the taking in as afore-
said of hip her or their lot or lots, or by the decrease in value of his her
or their said respective lot or lots, with the interest at five per cent, to
incur after the expiration of six months, from the time of such apprais-
ment as aforesaid. And that the amount of such sum or sums of money,
as any such lot or lots shall be adjudged and reported by the said com-
missioner? in manner aforesaid to have been worth or increased in value,
shall be deemed a debt due from the proprietor or proprietors thereof
his her or their lawful representative or representatives to the said cor-
poration, and shall and may be recovered at the suit of the chamberlain
thereof in any court of record within this State, with the like interest of
five per cent, to incur after the expiration of six months from the date
of such appraisement with costs of suit. Provided cUways that nothing
in this act contained shall be taken deemed, or construed to affect,
annul or render void any appraisment heretofore made by virtue of the
said in part recited act, unless by the voluntary consent of the parties
to such former appraisement.
CHAP. 51.
AN ACT to promote the manufactory of iron.
Passed the 28th of April, 1786.
Whereas Samuel Ogden, William Constable, William Neilson, Solo- Praambie.
mon Simpson, Alexander Stewart and others, have represented that
they are disposed to associate themselves, by the name of " The Asso-
ciated Manufactoring Iron Company of the City and County of New
York " for the purpose of promoting the manuracturing of iron in this
State; Therefore,
296 LAWS OF NEW YORK. [Chap. 32.
Associated Be it enacted by the People of the State of New York represented in
tISfng Iron Senate and Assembly ^ and it is hereby enacted by the authority of the same^
Com^n:^^ That the said Samuel Ogden, William Constable, William Neilson, Solo-
and county mon Simpson, Alexander Stewart and others their associates, shall
Yorkln- severally and respectively be liable for every debt contracted on the
oorporated credit of the said company by the name aforesaid, for the special pur-
poses of promoting the manufacturing of iron, in such proportion of
the whole of the said debts from time to time contracted on the credit
of the said company, as his or her subscription or stock shall bear to
the whole amount of the stock of the said company, without regard to
the sums by the said copartners respectively paid for the discharge of
any other debts by the said company contracted: and that such per-
sons composing the said company, shall not be jointly liable for the dis-
charge of such debts, beyond the whole stock of the company; any law
usage or custom to the contrary thereof notwithstanding. Provided
always^ That a duplicate of the original articles of agreement subscribed
by all the persons composing such company and particularly specifying
the shares and amount in value thereof, of each of them, in the said
stock of the company, shall within four months after the passing of this
act be filed in the office of the clerks of the city of New York, to which
duplicate every person who shall from time to time be admitted of the
said company, shall from time to time subscribe his or her name, and
specify his or'her share in the said stock of the said company, and no
person whose name shall not be signed to the said duplicate agreement
filed in the clerks office shall receive any benefit from the provision
made by this act.
foroeieven ^^ ^ ^^ further enacted by the authority aforesaid That this act
years. shall be in force for the term of seven years and no longer.
CHAP. 52.
AN ACT to empower certain persons therein named to sell and
dispose of the real estate of John Aspinwall deceased for the
payment of his debts and for other purposes therein metioned.
Passed the 28ih of April. 17S6.
Preamble. WHEREAS John Aspinwall late of the city of New York merchant did
in and by his testament and last will among other things direct that all
his debts and funeral charges should be paid out of his personal estate;
and after certain specific legacies therein mentioned did devise and
bequeath all the remainder of his estate both real and personal what-
soever and wheresoever to be equally divided among his children with
certain contingent remainders and executory devises therein limited
and expressed ; and did appoint his wife Rebecca Aspinwall executrix
and William Smith Paschal N. Smith and Benjamin Kissam executors
of his said testament and last will: And whereas the said Rebecca
Aspinwall executrix and Paschal N. Smith, surviving executor, and
others devisees of the same testament and last will have presented a
petition to this legislature setting forth among other things that from
the impediments occasioned by the late war to the recovery of the debts
due to the estate and from other circumstances it was out of the power of
the said executors with the proceeds of the personal estate to satisfy the
demands of the creditors of the said deceased, and that the said execu-
Chap. 52.] NINTH SESSION. 297
tors are threatened with suits which if prosecuted would be productive
of much expence, and by forceing the sale of the real property upon
executions would tend to the great loss and injury of the devisees of
the said deceased; and also, that there is no power given in and by the
said testament and last will to any persons to make sale of any part of
the real estate ; and that as all the devisees of the same are minors,
there is no method without the aid of this legislature, of disposing of
any part of the said real estate, to satify the creditors and prevent the
inconveniences aforesaid ; and that it would be greatly conductive to the
interest and benefit of the children of the said deceased that a power
should be given to certain trustees to be appointed by this legislature
to make sale of so much of the real estate of the said John Aspinwall
as to them shall appear adviseable and for the advantage of the parties
interested under the said will-; and did therefore pray leave to bring in
a bill to vest certain trustees therein to be named with the power and
authorities necessary for the purposes aforesaid. And whereas it is also
represented that it would be prejudicial to the interest of the said
divisees and legatees under the said will if the executors should be com-
pelled to sell certain public securities parcel of the said personal estate
of the said John Apinwall for the payment of the said debts. And
whereas this legislature are disposed to grant the prayer of the said
petition so far as may be necessary for doing justice to creditors with-
out injuring the interest of the said devisees or legatees and providing
for the maintenance and education of the children of the said deceased.
Be it therefore enacted by the People of the State of New York repre- Ueal estate
sentedin Senate and Assembly ^ and it is hereby enacted by the authority of the Agphlwali,
sam€y That the said Rebecca Aspinwall widow and executrix, and the ^®*^^?^''
said Paschal N. Smith of the city of New York merchant surviving tnjstees"
executor of the testament and last will of the said John Aspinwall pu^Jes
deceased, John Blagge and Samuel Franklin of the said city merchants, named,
be, and they or a majority of them are hereby appointed trustees
with full power and authority to sell and dispose of so much of the real
estate of the said John Aspinwall deceased, as may be necessary for
paying off and discharging the debts of the said deceased, together with
such lawful interest as may have accrued since his death, and as may
be further necessary for maintaining and educating such of his chil-
dren being minors, until they arrive at full age ; and good and suf-
ficient conveyances and assurances in the law to make seal and
and deliver to the purchaser or purchasers of such real estate, which
conveyances and assurances shall be good and effectual to such pur-
chaser or purchasers to all intents, constructions and purposes as if
made by the said deceased^ in his life time: Prainded alway^ that the
said trustees shall be answerable for the due and faithful execution
of the trust reposed in them as in other like cases of trust according to
the true intent and meaning of this act: And provided also ^ that the said
trustees shall not sell or dispose of any part of the said real estate, but
such as the chancellor of this State shall by his order direct, and shall
determine to be beneficial to the interest of the said devisees, being
minors. And provided also that such trustees shall before they execute
any of the trusts reposed in them by this act, give bond with security
to be approved of by the chancellor in such sum as he shall appoint for
the due and faithful execution of the trusts reposed in them in and by
this act.
Vou 2.-38
298
LAWS OF NEW YORK.
[Chap. 54.
Preamble.
Maasaohu-
setta
boundary
line; run-
ning out of
by com-
missioners
appointed
by Con-
gress.
CHAP. 53.
AN ACT supplementary to the act entitled "An act to authorize
the United States in Congress assembled to appoint commis-
sioners to compleat the running a certain line of jurisdiction
therein mentioned, between this State and the Commonwealth
of Massachusetts.
Passed the 29th of April, 1786.
Whereas it is represented that great difficulties will probably occur
in ascertaining on what angle from the magnetic meridian the line of
jurisdiction between this State and the Commonwealth of Massachusetts
should be run. To remove which
Be it enacted by t/ie People of t/ie State of New York represented in
Senate and Assembly and it is hereby enacted by the authority of the same^
That it shall and may be lawful to and for Robert Yates, Philip Schuy-
ler, and Gerard Bancker Esquires, or any two of them, with the assist-
ance of John Ewing, David Rittenhouse and Thomas Hutchins Esquires
commissioners appointed by the United States in Congress, assembled, to
agree with the agents of the Commonwealth of Massachusetts on what
principles the said line shall be run, and if such agreement cannot be
affected, then the said John Ewing David Rittenhouse and Thomas
Hutchins, or any two of them are hereby authorized and empowered to
run the said line in the direction mentioned in the act entitled **An act to
authorize the United States in Congress assembled to appoint commis-
sioners to compleat the running a certain line of jurisdiction therein men-
tioned between this State and the Commonwealth of Massachusetts passed
the seventh day of March 1785," on such principles as to the said John
Ewing David Rittenhouse and Thomas Hutchins or any two of them
shall appear the most accurate to ascertain the true direction of the said
line.
CHAP. 54.
AN ACT to promote literature.
Passed the 29th of April, 17S6.
Preamble. Whereas it is agreable to the principles of natural equity and justice,
that every author should be secured in receiving the profits that may
arise from the sale of his or her works; and such security may encour-
age persons of learning and genius to publish their writings, which may
do honor to their country and service to mankind.
OopyriRht I. Be it enacted by the People of the State of New York^ represented in
for^period Senate and Assembly ^ and it is hereby enacted by the authority of the same,
«J^^rt®en That the author of any book or pamphlet being an inhabitant or resi-
^**"'" dent in these United States, and his or her heirs aad assigns, shall have
the sole liberty of printing publishing and vending the same within this
State, for the term of fourteen years, to commence from the day of its
first publication in this State ; and if any person or persons, within the
said term of fourteen years as aforesaid, shall presume to print, or reprint
any such book or pamphlet within this State, or to import or introduce
into this State, for sale, any copies of such iDOok or pamplet reprinted
beyond the limits of this State, or shall knowingly publish, vend, utter
years.
Chap. 54.] ' ^ NINTH SESSION. 299
or distribute the same, without the consent of the proprietor thereof in
writing, signed in the presence of two credible witnesses, every such
person or persons shall forfeit and pay to the proprietor of such book
or pamphlet double the value of all the copies of such book or pamph-
let, so reprinted, imported, distributed, vended, or exposed for sale to be
recovered by such proprietor in any court of law in this State, proper
to try the same. Prmnded nevertheless^ that no author assignee or pro-
prietor of any such book or pamphlet, shall be entitled to take the
benefit of this act, until he or she shall duly register his or her name as
author assignee or proprietor, with the title of such book or pamphlet
in the office of the secretary of this State, who is hereby impowered and
directed to enter the same on record.
II. And be it further enacted by the authority aforesaid^ That at the Copyrijrht
expiration of the said term of fourteen years, in the cases abovemen- ioYsAAU
tioned, the sole right of printing and disposing of any such book or tionaiterm
pamphlet, in this State, shall return to the author thereof if then living, years,
and his or her heirs and assigns, for the terra of fourteen years more, to
commence at the end of the said first term, and that all and every per-
son or persons who shall reprint, import, vend, utter, or distribute in
this State, any copies thereof without the consent of such proprietor
obtained as aforesaid, during the said second term of fourteen years,
shall be liable to the same penalties, recoverable in the same manner as
is hereinbefore enacted and provided.
And whereas it is equally necessary for the encouragement of learning,
that the inhabitants of this State be furnished with useful books at rea-
sonable prices.
III. Be it further enacted by the authority aforesaid^ That whenever Where
any such author or proprietor of such book or pamphlet shall neglect to published
furnish the public with sufficient editions thereof or shall sell the same ^^^}^'
at a price unreasonable and beyond what may be adjudged a sufficient price^coart
compensation for his or her labor, time, expences and risque of sale, S}?J!iK^of
any one of the judges of the supreme court of judicature of this State, publishing
on complaint made thereof to him in writing, is hereby authorized and ^ ®***®"-
impowered to summon such author or proprietor, to appear at the next
supreme court of judicature, and the said court are hereby authorized
and impowered to enquire into the justice of the said complaint, and
if the same be found true, to take sufficient recognizance and security
of such author or proprietor, conditioned that he or she shall, within
such reasonable time as the said court shall direct, publish and offer for
sale in this State, a sufficient number of copies of such book or pamph-
let, at such reasonable price as the said court shall, on due consideration
affix; and if such author or proprietor shall neglect or refuse to give
such security as aforesaid; the said court are hereby authorized and
impowered to give such complainant a full and ample licence to reprint
and publish such book or pamphlet, in such numbers and for such term,
as the said court shall judge just and reasonable ; provided such com-
plainant shall give sufficient security before the said court, to afford such
reprinted edition at such reasonable price as the said court shall thereto
affix.
IV. And be it further enacted by the authority aforesaid^ That any per- niegalpulv
son or persons, who shall procure and print any unpublished manuscript, aSSagea
without the consent and approbation of the author or proprietor thereof recover-
first had and obtained, if such author or proprietor be living, and resi- ® ^'*
dent in or inhabitant of these United States, shall be liable to pay to the
said author or proprietor his or her damages, for such injury, to be
recovered with costs by action brought on this act, in any court of
300 LAWS OF NEW YORK. [Chap. 55.
record ; provided always^ that nothing in this act, shall extend to effect
prejudice, or confirm the rights, which any person may have, to the
printing or publishing of any book or pamphlet, at common law, in cas'es
not mentioned in this act; or to authorize any person or persons, to
print or publish any book, pamphlet or paper, that may be profane trea-
sonable, defamatory, or injurious to government, morals or religion.
Provided also that this act shall not extend, or be construed to extend
in favor or for the benefit of any author or person residing in, or inhab-
itant of any other of the United States, until the State, in which such
person resides or dwells shall have passed similar laws in favor of the
authors of such new publications and their heirs and assigns.
Reformed V. And be it further enacted by the authority aforesaid^ That the trus-
DmSh*^*" tees of the Reformed Protestant Dutch Church of Flat Bush in the
Fiatbuah' ^^^^^y of Kings, shall be and they are hereby authorized to grant bar-
may grant gain and sell in fee simple such part or parts of their real estate within
^acad-'^ the said county, to such person or persons, and for such price or prices
amy. as they may think proper, for the express purpose of erecting an academy
in .the said county. Proznded that the quantity which the said trustees
shall grant and convey by virtue of this act, shall not exceed six acres.
CHAP. 55.
AN ACT to ascertain the south bounds of the township of Beek-
man lying on the west side of Lake Champlain.
Passed the 29th of April, 1786.
Preamble. WHEREAS, by letters patent under the great seal of the late colony of
New York bearing date the 27th day of March in the year one thousand
seven hundred and sixty nine, all that certain tract or parcel of land
situate lying and being on the west side of Lake Champlain, in the then
county of Albany, now Washington, in the then Colony now State of
New York ; beginning on the west bank of the said lake, at the distance
of thirty six chains measured on a course north forty three degrees
west from a bass wood tree, standing on the west bank of the said lake,
at the north east corner of a neck of land called Cumberland Head or
point, and runs from the said place of beginning west six hundred and
ninety one chains, then north three hundred and forty chains, then east
eight hundred and fifty six chains to the said lake, and then along the
lake as it runs to the place where the said tract begun, containing
twenty two thousand four hundred and seventy-five acres and the usual
allowance for highways was granted to William Beekman and twenty
nine others his associates. And whereas Zephaniah Piatt has obtained
letters patent under the great seal of this State of New York, bearing
date the twenty sixth day of October one thousand seven hundred and
eighty four for a grant of thirty one thousand five hundred acres of
land next adjoining the said tract of the said William Beekman and his
associates, on the south side thereof, also another patent for twenty
nine hundred acres of land, partly adjoining the land of the said Wil-
liam Beekman and his associates as aforesaid. And whereas doubts
have arisen concerning the true place of beginning of the said patent
of the said William Beekman and his associates. And whereas the
parties interested in the said several patents herein before mentioned
have mutually consented, to remove any doubts and difficulties that
Chap. 56.J NINTH SESSION. 301
might have arisen from the want of ascertaining the true place of
beginning of the said patent of the said William Beekman and his asso-
ciates, as appears by their petition. Therefore
Be it enacted by the People of the State of New York represented in Beekman
Senate and Assembly and it is hereby enacted by the aut/iority of the same, SJjJ^h!**^
That the south bounds of the said tract of land, granted in manner towns of.
aforesaid to the said William Beekman and twenty nine others his asso- hSS be**^^"
ciates, shall be a line which was run by William Cockbum and John JJJJSjIJ"
Cox, in the year one thousand seven hundred and eighty-five, for the
south bounds of a range of lotts which in their map are distinguished
by the numbers seventy-one, seventy-two, seventy-three, seventy-Cour,
seventy-five, seventy-six, seventy-seven, seventy-eight, seventy-nine,
eighty-one and eighty-two, which said south bounds are to be continued
the same course eastward to that part of the Lake Champlain called
the Bay of Saint Amont, and westward as far as the south bounds of the
said tract shall extend from the most westerly point of the said south
line north three hundred and forty chains, then east to Lake Cham-
plain, and then along the said lake as it winds and turns until it inter-
sects the said south line on the banks of that part of the said lake called
Bay Saint Amont, and which line above intended to be described is
fixed by mensuration on the said map made by the said William Cock-
burn & John Cox to lie one hundred and twenty two chains measured
on a course north one degree west from the mouth of Sandy Creek which
empties itself into the cod* of Cumberland bay. . Provided always that
nothing herein contained shall in anywise take away or injure the sev-
eral and respective rights, privileges and immunities and emoluments
of the said William Beekman and twenty nine others, his associates
and of the said Zephaniah Piatt respectively, contained, mentioned
and expressed in their said several patents, other than that the line last
herein beforementioned shall be the south bounds of the said township
of Beekman and the north bounds of the said township of Plattsburgh.
CHAP. 56.
AN ACT for raising monies by tax.
Passed the 29th of April, 1786.
Be it enacted by the People of the State of New York represented in Apportion-
Senate and Assembly and it is hereby enacted by the authority of the samcj tax°je?y of
That there shall be raised and levied within this State, the sum of fifty iB60.ooo.
thpusand pounds : and that the quota of the city and county of New
York of the said sum, shall be thirteen thousand pounds ; the quota of
the city and county of Albany, shall be four thousand seven hundred
pounds ; the quota of the county of Columbia, shall be two thousand
three hundred pounds ; the quota of the county of Dutchess, shall be
five thousand pounds ; the quota of the county of Ulster, shall be
three thousand four hundred pounds ; the quota of the county of
Orange, shall be two thousand eight hundred pounds ; the quota of the
county of West Chester, shall be three thousand four hundred pounds ;
the quota of the county of Suffolk, shall be four thousand five hundred
pounds ; the quota of Queens county, shall be four thousand five hun-
dred pounds ; the quota of Kings county, shall be two thousand four
• So In original.
302
LAWS OF NEW YORK.
[Chap. 56.
ment of
tax, mode
of. New
York city.
Oath of
asseaaore.
Adfl688-
fnent,
mode of,
other than
In New
York city.
Copies of
tax-roll to
be trans-
mitted.
fiundred pounds ; the quota of the county of Richmond, shall be one
thousand six hundred pounds ; the quota of the county of Montgomery,
shall be one thousand six hundred pounds ; and the quota of the county
Washington, shall be eight hundred pounds.
And be it further enacted by the authority aforesaid^ That the mayor
recorder and aldermen of the city of New York or the major part of
them for the time being, shall assemble and meet at the City Hall of the
said city, on the first Tuesday of September next, and then and there
issue their warrants to the several assessors of the said city and county,
to take a true and exact account of all the estates, real and personal,
of all the freeholders, inhabitants, and residents within the several
wards of the said city and county, for which they at the time of issuing
such warrants, shall be assessor, or assessors, and true, equal and impar-
tial assessments to make, and to return the same accounts and assess-
ments to the same mayor, recorder, and aldermen, on or before the first
Tuesday in October next ; and when the same accounts and assessments
shall be delivered to the said mayor, recorder, and aldermen they or
the major part of them, shall cause the amount thereof to be cast up,
and compute and ascertain, and then insert in such assessment rolls
respectively, the sum each person is to pay of the said sum of twelve
thousand five hundred pounds, according to the value of his or her
estate ; and shall then issue their warrants to the several and respective
collectors within the said city and county, to collect and pay the same
to the treasurer of this State on or before the first day of March next ;
and the said mayor, recorder and aldermen shall at the time they issue
such warrants to the collectors, transmit true copies thereof, and of the
said tax rolls, to the treasurer of this State.
And be it further enacted by the auiJwrity aforesaid^ That every asses-
sor in the said city and county of New York, and in each of the other
counties of this State, shall before he enters upon the performance of
the duty and service required of him by this act, take an oath, or if of
the people called Quakers, an affirmation in the words following to wit,
I. A. B. do swear (or affirm) that I will well, truly, and impartially,
according to the best of my skill knowledge, and understanding, assess
and rate all the freeholders, inhabitants and residents of the ward, tow^n,
precinct, or district (as the case may be) for which I am assessor — which,
oath or affirmation the mayor, recorder, or any one alderman in the city
of New York, and any one of the judges or justices of each of the other
counties of this State in their respective counties, arehereby empowered,
required, and directed to administer, and to give the assessor taking the
same a certificate thereof.
And be it further enacted by the authority aforesaid That the supervi-
sors of every county in this State, or the major part of them respectively,
shall meet on the first Tuesday in September next, and cause the said
respective quotas and allowances aforesaid of their respective counties
to be raised, assessed, levied and collected, in the same manner as the
other necessary and contingent charges thereof, have been usually raised,
assessed, levied and collected: and the respective collectors are hereby
required to pay the respective sums to be by them collected, unlo the
respective county treasurers, on or before the first day of March next.
And each of the county treasurers are hereby required to pay the respec-
tive quotas of their counties, to the treasurer of this State, on or before
the first day of April next.
And be it further enacted by the authority aforesaid That the supervi-
sors of the several counties of this State shall, and they are hereby
respectively required, when they issue warrants to the collectors to col-
Chap. 56.] NINTH SESSION. 303
* lect the said tax, to transmit true copies thereof, and of the tax rolls, to
the treasurer of the county. And each county treasurer is hereby
required to transmit true copies of all such tax rolls, to the treasurer of
this State.
And be it further enacted by the authority aforesaid That the bills of What
credit issued by virtue of an act, entitled, "An act for emitting two J^S/yJble
hundred thousand pounds in bills of credit for the purposes therein inpayment
mentioned," and gold and silver coins only, shall be received in pay- compenaa-
ment of the said tax : and the collectors shall be allowed and may retain fl?" 2f JSli
•i-tjiri' • •! • rt* /•» lectors ana
m their hands for their services m the execution of this act, out of the treasurers,
monies by them collected, six pence in the pound; except in the city
and county of New York, and city of Albany, where the collectors shall
only retain, four pence in the pound; and the several county treasurers
shall be allowed and retain in their hands for their services in the exe-
cution of this act, out of the monies they shall respectively receive, ten
shillings for every hundred pounds they shall receive ; except in the
counties of Montgomery and Washington, where the county treasurers
shall respectively have and take twenty shillings for every hundred
pounds they shall receive.
And be it further enacted by the authority aforesaid That if any per- Paymentof
son shall refuse or neglect to pay the tax or sum imposed on him her or ^iJo^.
them, the collectors shall levy the same by distress and sale of the goods
and chattels of the person so refusing and neglecting; and where the
goods and chattels so distrained, shall be sold for more than the amount
of such tax and the charges of the distress and sale; the overplus shall
be returned to the owner of such goods and chattels. And further^ that
the person in possession of any real estate, at the time the said tax is to
be collected, shall be liable to pay the tax imposed on such real estate.
And if any other person by agreement or otherwise ought to pay such tax,
the said possessor, who shall pay the same, shall and may recover such
amount thereof, from such person ; and for want of goods and chattels
whereon to levy such tax, and where any real estate shall be taxed and
the owner thereof shall not reside in the .ward, town, precinct, or district,
where such real estate is situated ; the collector shall be and hereby is
authorised and required, to commence a suit in his own name for the
said tax against the person charged therewith, in the said tax roll, before
any justice of the peace, mayor, recorder or alderman where the person
so taxed can be found ; and the said tax roll being produced before such
justice, mayor, recorder, or alderman, or any jury who may try such
cause, and proved to have been signed by the supervisor or supervisors,
shall be full and conclusive evidence to entitle the plaintiff to recover
against the defendant such sum, as such defendant may be charged with,
or taxed at in the said tax roll with costs of suit. And the authority
and jurisdiction of such justice, mayor, recorder, or alderman, is hereby
extended to all such actions notwithstanding the sum sued for, shall
exceed the sum of ten pounds. And every such justice, mayor, recorder,
or alderman, is hereby authorised and required immediately after judg-
ment in any such action, to award execution thereon against the defend-
ant in the manner directed in and by the act, entitled "An act to
empower justices of the peace, mayors, recorders and aldermen, to try
causes to the value of ten pounds and under, and to repeal sundry acts
therein mentioned," and therein directing the officers to pay the monies
mentioned in such execution and to make return of such execution
within twenty days after the date thereof.
And be it further enacted by the authority aforesaid That if any asses- 9h™°®'d
sor, collector, or supervisor, shall die, refuse to serve, or remove out of ^th^utiae
304 LAWS OF NEW YORK. [Chap. 56.
respeotinflr the town, precinct, or district, for which he is, or shall be chosen, or
coilecSng appointed, and the freeholders and inhabitants of such town, precinct,
tax, fluing or district, shall not within twenty days thereafter chuse another in the
oiee. room of him so dying, refusing to serve, or removing, then, and in every
such case, any three justices of the peace of the county, shall from time
to time, as often as may be necessary, and within twenty days after such
neglect, appoint another or others in the room of such person so dying,
refusing to serve, or removing. And in the city of New York, the
mayor or recorder, and any two or more aldermen, shall in such case,
appoint assessors and collectors in the room of such, as shall die, refuse
to serve, or remove as aforesaid. And in case the supervisors of any
county, shall neglect to appoint a county treasurer, for the space of
twenty days, at any time when there shall be a vacancy in that office;
then the judges of the inferior court of common pleas, and the justices
of the peace of such county, or the major part of them, shall within
twenty days after such neglect, appoint a treasurer of such county; and
all and every such assessors, collectors, supervisors and county treas-
urers so appointed, shall be, and hereby are vested with the same
powers and authorities, and made liable to the same penalties and for-
feitures, as any other assessor, collector, supervisor or county treasurer
is vested with, or made liable to, by this act.
Collector, And be it enacted by the authority aforesaid That if any collector
negieot fn*^ shall neglect to pay the money, which by this act he is directed to
paying pay into the county treasury, at the time above limited for that pur-
iM^to™**'*" pose, then, and in every such case, the treasurer of the county shall,
treaaurer, and he is hereby required, to issue a warrant under his hand and seal,
directed to the sheriff of the county, commanding him to levy the same,
or if a part is paid, so much as such collector shall be deficient, by dis-
tress and immediate sale of the lands and tenements, goods and chattels
of such collector, and shall transmit a true copy of such warrant, to the
treasurer of this State. And every sheriff to whom any such warrant
shall be directed and delivered, shall immediately cause the same to be
executed ; and shall within twenty days after he shall receive such war-
rant, return the same, with the monies he shall have raised, or ^levied by
virtue thereof, to the county treasurer. And for want of sufficient
lands and tenements, goods and chattels, whereon to levy the whole
amount of such deficiency, such sheriff shall take such delinquent col-
lector and confine him in the common gaol, there to remain without
bail or mainprize, until such deficiency shall be paid. But in all cases
where no goods or chattels can be found, whereon to levy the tax
imposed upon any person mentioned in such tax roll, or not sufficient
to pay the whole, the collector shall not be charged with more then he
shall or might have levied, or shall or might have recovered as aforesaid.
And it is hereby made the duty of every collector, to deliver a true
^ account upon oath of all such deficiencies, at the time he is to pay in
the money to be collected by him as aforesaid; and if any collector shall
neglect to deliver such account, such collector shall be accountable for
the whole sum by him to be collected, and for which he shall not ren-
der such account; and the county treasurer shall deliver all such
accounts of deficiencies, to the supervisors of the county at their next
meeting, after he shall have received the same; and the supervisors
shall cause the amount of such deficiencies, to be raised, levied, and
collected in the towns, precincts, or districts, where such deficiencies
shall happen, which shall be assessed with the contingent charges of the
county, next after such deficiency shall happen, and be paid to the
county treasurer within six months thereafter. And the county treas-
Chap. 56.] NINTH SESSION. 305
urer shall pay the same, to the treasurer of this State, within thirty days
after he shall have received the same; and further the treasurer of this
State shall prosecute all delinquent collectors in the city and county of
New York, in the same manner as if he was the county treasurer of the
same city and county, and shall deliver all such accounts of deficien-
cies as aforesaid to the mayor, recorder, and aldermen of the said city,
who shall cause the same to be raised, levied and collected, in the wards
where such deficiencies happen, and to be paid to the treasurer of this
State within six months thereafter.
And be it further enacted by the authority aforesaid, That if any county '
county treasurer shall neglect to pay the monies he shall receive from SS^KfJip
the collectors or sheriff, or any of them, or shall not in case of default of negiaot,
any collector, issue his warrant as aforesaid, then it shall and may be ®^
lawful for the treasurer of this State at the expiration of thirty days
next after the day on which the collectors are directed by this act to
pay the taxes into the county treasury, and he is hereby directed and
required to proceed against such delinquent county treasurer in like
manner, as such county treasurer is authorised by this act to proceed
against a delinquent collector.
And be it further enacted by the authority aforesaid. That if the mayor. Neglect by
recorder, or either of the ddermen in the city of New York, or any ^rhoS**'^
judge, justice of the peace, supervisor, or assessor, shall neglect or duty u
refuse to perform any of the duties required of them by this act, the peSt:^
person so neglecting or refusing shall forfeit to the people of this State,
the sum of fifty pounds for every offence, to be recovered with costs,
by action of debt, by the treasurer of this State, by the name of the
treasurer of the State of New York, in any court of record in this State.
And it shall be sufficient for the plaintiff in such action to declare, that
the defendant at a certain time and place became indebted to the treas-
urer of the State of New York, for the use of the people of this State,
in the sum of fifty pounds, by virtue of an act, intitled "An act for rais-
ing monies by tax " and to give the special matter in evidence ; and no
suit shall be abated, or discontinued by the death of the treasurer, or
by his resignation or removal from office ; but shall and may be con-
tinued and prosecuted to effect by his successor in office. And it is
hereby made the duty of the treasurer of this State to prosecute for the
said penalties for the use of the people of this State, which penalties
when recovered shall remain in the treasury of this State, subject to the
order of the legislature.
And be it further enc^ted In the authority aforesaid That the thirteenth Actg'and
section of an act entitled *^\n act to divide the southern' part of the SSS**''
county of Ulster into precincts and to enable the corporation of King- ""^J^^
ston and the manor of Fox Hall to chuse and elect one supervisor more, ^®**®*'® '
and for regulating the supervisors and assessors within the said county;"
and also an act entitled An act to amend and explain the thirteenth
section of the said act, entitled, "An act to divide the southern part of
the county of Ulster into precincts, and to enable the corporation of
Kingston, and the manor of Foxhall to chuse and elect one supervisor
more, and for regulating the supervisors and assessors within the said
county, and also an act entitled, "An act for defraying the -contingent
charges and maintaining the poor in the counties of Ulster Orange
West Chester Tryon and Charlotte " shall be and hereby are repealed.
And be it further enacted by the authority aforesaid. That in case Paymenta
there shall not be in the hands of the treasurer, a sufficient sum in pub- statM*^
lie securities or in certificates issued out of any Continental loan office, treasurer
in the United States for interest due on public securities by the first i^curitiwf
Vol. 2. — 39
306 LAWS OF NEW YORK. [Chap. 57.
day of December next, to enable him to pay the requisitions of the
United States in congress assembled on this State, as he is directed in
and by the act entitled "An act acceding to the acts of congress of the
twenty seventh of September and twelfth of October one thousand
seven hundred and eighty five, it shall and may be lawful for the said
treasurer, and he is hereby required, to procure by any ways and means
in his power such additional sum in certificates or public securities as
aforesaid, as will be necessary to enable him to discharge the said
requisitions in the manner directed in and by the said act, on or before
the first day of January next, any law to the contrary notwithstanding.
CHAP. 57.
AN ACT for confirming an agreement made between Stephen
Van Rensselaer, Philip Van Rensselaer, Elizabeth Van Rensse-
laer, Eliardus Westerlo and Catharine his wife executrix Abra-
ham Ten Broeck John H. Ten Eyck and Gerardus Groesbeck
executors of the testament and last will of Stephen Van Rens-
selaer deceased.
Passed the 29th of April, 1786.
Freambie. WHEREAS Stephen Van Rensselaer of the manor of Rensselaerwyck
did lately present a petition to this legislature setting forth that he had
entered into an agreement with his brother Philip Van Rensselaer and
his sister Elizabeth Van Rensselaer Eliardus Westerlo and Catherine
his wife Abraham Ten Broeck, John H. Ten Eyck and Gerardus Groes-
beck by which agreement it is among other things stipulated that the
said petitioner shall allow to his said brother and sister being minors a
certain sum of money in gross together with certain annual sums of
money therein specified until they respectively come of age, for their
maintenance and education and as a full equivalent and satisfaction for
all their claims upon or out of the personal estate and the rents and
profits of the real estate of the said Stephen Van Rensselaer deceased,
all which claims they thereby release to the said petitioner and also that
by the said agreement the said Eilardus Westerlo and Catherine his
wife Abraham Ten Broeck John H. Ten Eyck and Gerardus Groesbeck
renounce and release to the said petitioner their offices, rights interests
and authorities as executors of the said last will and testament and that
the said petitioner thereby covenants to pay all the debts due from the
estate of his said father as by the said agreement recorded in the secre-
tary's office of this State may appear and in as much as the petitioners
said brother and sister are minors and the said executors have hereto-
fore administered under the said will the said petitioner being advised
that the said agreement cannot with safety be carried into execution
without an act of this legislature for confirming the same did therefore
pray for leave to bring in a bill for confirming the said agreement with
such clau^s and provisions as might be found necessary and convenient
to effectuate the same, Therefore
Agreement Be it enacted by the People of the State of New York represented in
partieg'^ .S^^^j/^ and Assembly and it is hereby enacted fy the authority of the same
named That the said agreement bearing date the thirteenth day of January in
ratified, ^j^ig present year made and concluded by and between Stephen Van
Rensselaer of the manor of Rensselaerwyck gentleman proprietor of
Chap. 58.J NINTH SESSION. 307
the said manor of the first part Philip Van Rensselaer of the city of
Albany gentleman and Elizabeth Van Rensselaer of the said city of the
second part Eliardus Westerlo clerk and Catherine his wife Abraham
Ten Broeck Esquire John H. Ten Eyck and Gerardus Groesbeck ex-
ecutors of the last will and testament of Stephen Van Rensselaer late
of the manor of Rensselaerwyck Esquire of third part and every arti-
cle clause matter and thing therein contained shall be and the same is
and are hereby confirmed and made valid and effectual in law and
equity to all intent and purposes in the same manner and with the same
force and effect as if all the parties thereto had been at the time of the
execution thereof of full age ; any law usage or custom to the contrary
notwithstanding.
And be it further enacted by the authority aforesaid That the said Executors
parties of the second and third parts to the said agreement shall be for- Seire^of*'^
ever thereafter discharged and exonerated of and from all actions, ^'®p^"
claims, and demands whatsoever in law and equity of any person or Beiaer, de-
persons for or by reason of any sum of money debts dues or demands oS^JSed^c^f
which the said Stephen Van Rensselaer deceased owed, or was indebted liability for
to any such person or persons at the time of his death and also for and Sfifms!
by reason of any other matter or thing for which they or any of them
were before the passing of this act liable and chargeable as executors
legatees or devisees of the said Stephen Van Rensselaer deceased in
every thing relating to any matter in the said agreement mentioned
according to the true intent and meaning thereof ; and that in case any
suit shall be brought against the said parties of the second and third
parts or any of them for or by reason of any such debt claim demand
matter or thing from which they are hereby exonerated and discharged
it shall be lawful for them or any of them as the case may be to plead
the general issue and give this act in evidence in support thereof.
And be it further enacted by the authority aforesaid That the said Stephen
Stephen Van Rensselaer party of the first part shall be in his own ^*aerto°be
right liable and chargeable and may be impleaded and prosecuted in ^^^^^\^^
any court of law or equity within this State as for his own proper debt
or default for all or. any of the debts claims and demands for which the
said parties of the second and third parts were before the passing of
this act liable and chargeable and from which they are hereby exone-
rated and discharged ; and this without any special reference to or
recital of this act ; any law usage or custom to the contrary hereof in
any wise notwithstanding.
CHAP. 58.
AN ACT further to amend an act entitled "An act for the speedy
sale of the confiscated and forfeited estates within this State
and for other purposes therein mentioned.'*
Passed the ist of May, 1786.
Be it enacted by the People of the State of New York represented in Certificates
Senate and Assembly and it is hereby enacted by t/ie authority of the same^ on'taieR'of
That the following species of certificates to any citizen or inhabitant of forfeited
this State shall be receivable in payment for all forfeited estates which ®**'**®**
shall or may be sold after the passing of this act, to wit, certificates
issued by William Denning Esquire as Commissioner of the United
308 LAWS OF NEW YORK. [Chap. 58.
States to settle the accounts of the quarter master generals department
in the late army of the United States; certificates issued by Joseph
Bindon Esquire as commissioner to settle the accounts of the clothing
department in the late army of the United States; certificates issued by
Jonathan Burrell Esquire as commissioner to settle the accounts of the
commissarys department in the late army of the United States; certifi-
cates issued by John Pierce Esquire as commissioner to settle the
accounts of the late army of the United States commonly called final
settlements; certificates issued by Joseph Panel Esquire as commissioner
to settle the accounts of the naval department of the United States;
certificates issued by Edward Fox Esquire as commissioner to settle the
accounts of the medical department of the army of the United States ;
and certificates issued out of any Continental loan ofiice in the United
States to persons who were citizens of this State at the time they were
issued for monies lent by them to the United States: Provided that the
commissioners of forfeitures respectively shall be and they are hereby
required, whenever a doubt shall arise if any of the said certificates were
originally granted to a citzen or other inhabitant of this State to examine
on oath or affirmation any person or persons to enable them to deter-
mine whether such certificates as may be offered to them were origin-
ally issued to any citizen or person an inhabitant of this State at the
time of granting thereof and if such certificates shall be proved to have
been so granted, to the satisfaction of the said commissioners they shall
accept thereof and not otherwise.
And whereas it is suggested to the legislature that there are consider-
able tracts of land and other real estate vested in the people of this
State by the conviction or attainder of divers persons which have not
yet been discovered by the commissioners of forfeitures —
Forfeited Be it further enacted by the authority aforesaid That when any per-
^cation of son or persons shall, after the passing of this act discover to the com-
tor widow missioner or commissioners of forfeitures for any district of this State
of kin of any lands or other real estate vested in the people of this State by the
peraonf ^ attainder or conviction of any person or persons whomsoever it shall be
lawful for such person or persons who shall make the discovery of any
real estate as aforesaid to locate the same in trust for the widow (if
such attainted or convicted person be dead) and children or childrens
children if any such there be or otherwise for the next of kindred of
such attainted or convicted person to be divided and distributed by the
person or persons making such location in the same manner and with
the like restrictions and limitations as if such attainted or convicted
person was dead intestate, and as if such lands or other real estate were
personal estate according to the law for the distribution of the personal
estate of persons dying intestate, provided always that in case such
attainted or convicted person be at the time of such location in full life
the wife of such attainted or convicted person shall have no share in the
distribution to be made as aforesaid but such distribution shall be made
in the same manner as if such wife was also dead. And the commission-
ers of forfeitures of the district where such lands or real estate shall be
situated are hereby authorised and directed to have the same appraised
at the value thereof in gold or silver by appraisers to be appointed in
the mode prescribed in and by an act entitled "An act to liquidate and
settle the accounts of the troops of this State in the service of the
United States," passed the fourth day of October in the year of our
Lord one thousand seven hundred and eighty," and upon the payment
of such sum at which such lands shall be appraised in any public secu*
rities receivable for forfeited estates to make seal and deliver a convey-
Chap. 58.] NINTH SESSION. 309
ance for the same to such person or persons and his or their heirs in
manner and form as is prescribed in and by the act aforesaid upon the
trust nevertheless herein before expressed: For the better execution
whereof the person or persons to whom such conveyance may be made
his her or their heirs shall have full power and authority to sell the lands
and other real estate to him her or them respectively conveyed in such
manner as to him her or them shall appear most for the advantage of
the persons intitled to distribution as aforesaid. Provided also that none
of the conveyances to be given as aforesaid shall operate as a warranty
from the people of this State for the real estate or estates so to be con-
veyed.
And he it further enacted by the authority aforesaid I'hat it shall and Mortgagee,
may be lawful for any person or persons being citizens of this State who l^^int^^^
is or are indebted by mortgage bond specialty contract or on account persons,
to any person or persons whose estate real and personal is or are by P^y™®"*'**'
conviction or attainder forfeited to the people of this State within twelve
months after the passing of this act to pay the said debts dues and
demands to the treasurer of this State who is hereby required to receive
the same in gold or silver or public securities made receiveable in pay-
ment upon the sale of forfeited estates and upon the payment of such
debts dues and demands as aforesaid the said treasurer shall give his
receipt which receipt shall be a sufficient discharge for so much of the
said debts, dues and demands. And that in every case in which such
debts as aforesaid were due by any person or persons who have not
remained within the enemies power and who shall within the time and
in manner aforesaid pay such debts shall be discharged from the interest
which may have become due on such debts between the first day of
January one thousand seven hundred and seventy six and the first day
of January one thousand seven hundred and eighty three ; provided
always that in either of the said cases if any suit or suits has or have
been commenced for the recovery of such debts the defendant or defend-
ants shall pay the costs accrued therein.
And be it further enacted by the authority aforesaid That the commis- suits on
sioners of forfeitures respectively shall stay all proceedings in any suits ^^''^JtafS
by them commenced for the recovery of such debts herein before men- for one
tioned until the expiration of the said twelve months and shall not com- '^^^•
mence any other suits for any such debts until the time aforesaid.
And be it further enacted by the authority aforesaid That if any person paUure to
who shall become a purchaser of any confiscated estate shall neglect or ^^f^^f^f"
refuse when demanded to deposit one third of the purchase money in purchase
the manner prescribed in and by the act entitled An act for the speedy Mtat?p^
sale of the confiscated and forfeited estates within this State and for ceedings
other purposes therein mentioned the commissioner or commissioners
who shall make such sale shall and may within twenty days thereafter
again expose such confiscated estate to sale at public vendue and if
upon such second sale such confiscated estate shall not be sold for a
sura equal to the sum which such purchaser offered on the first sale
thereof the commissioner or commissioners shall and may recover in his
or their own name or names of such first purchaser in an action of debt
in any court of record of this State the sum which the sum contracted
for on such second sale shall be less than the sum offered at the first sale
thereof with costs and in every such action the defendent shall be held
to bail in double the sum demanded.
And be it further enacted by the authority aforesaid That all rents Rents a(v
which became due during the time the troops of the king of Great f^^^r on
Britain were in possession of the southern district of this State for any certain
310 LAWS OF NEW YORK. [Chap. 58.
laDds re. estates in the said southern district vested in the people of this State by
mitted. ^j^^ attainder or conviction of any person or persons whatsoever shall
be and the same are hereby remitted in every case in which it shall be
proved to the satisfaction of the chancellor the chief justice or any of
the justices of the supreme court or the first judge of the inferior court
of common pleas of the county in which the lands on which such rents
accrued shall be situated or if such estates lie in the city or county of
New York, of the mayor or recorder of the said city, that the tenant or
tenants holding such estate did pay such rents to the person or persons
by whose attainder or conviction such estates became forfeited their
heirs attorn ies or agents during the time the said southern district was
in possession of the said troops of the king of Great Britain, and the
chancellor chief justice or other justices of the supreme court first judge
mayor or recorder shall in every case in which such payment shall be
proved to have been made give a certificate to the person making appli-
cation therefor and intended to be relieved thereby, that such proof has
been made and specifying the time for which the rent ought to be remitted
in pursuance of this act which certificate shall be a sufficient warrant to
the commissioners of forfeitures to remit such rent accrued during the
time mentioned in such certificate, and such certificate shall be retained
by such commissioners and accounted for with the auditor on the settle-
. ment of their accounts. Provided thdX such proof shall be made and
such certificate produced to the commissioners on or before the first
day of August next and that the person or persons applying for and
obtaining such certificate shall pay the expence and charges thereof.
Oertlflcates And be it furtJier enacted by the authority aforesaid That it shall be
lo^be^d^^^ and is hereby made the duty of the commissioners of forfeitures in every
scribed in advertisement of the sale of lands and tenements by them to be made
noticea of ^^ insert a description of the several certificates made receivable by this
act, in payment for the said lands and tenements.
Location And be it further enacted by the authority aforesaid That in every case
appraise- ^" which any location has been made by virtue or in pursuance of an
ment not act entitled An act to liquidate and settle the accounts of the troops of
three this State in the service of the United States and the person or persons
months, ^j^q made such location shall not within three months after the passing
of this act apply to the commissioner or commissioners of forfeitures of
the district in which such location has been made for an appraisement
of the lands by him her or them located, such location shall be deemed
to be relinquished and the certificates deposited become forfeited to the
people of this State.
Vacancy In And be it further enacted by the authority aforesaid That in case any
cmnmls- vacancy shall have happened or may hereafter happen by the death res-
sioner of ignation or removal from office of any commissioner or commissioners
o e ure. ^^ forfeitures it shall and may be lawful! to and for the governor or per-
son administring the government for the time being by and with the
advice and consent of the council of appointment from time to time to
appoint an other or others in the room and stead of such commissioner
or commissioners so dying, resigning or removed from office.
Relief to And be it further enacted by the authority aforesaid That in all cases of
where^itle purchases made of any forfeited estates in pursuance of any of the laws
falls, for directing the sale of forfeited estates in which any purchaser of such
menS'^ estates shall be evicted by due course of law in the manner mentioned
™'^®- in the first enacting clause of the act entitled "An act for the speedy
sale of the confiscated and forfeited estates within this State and for
other purposes therein mentioned," such purchaser shall have the like
remedy for obtaining a compensation for the value of improvements by
Chap. 58.] NINTH SESSION. 311
him or her made on such estate so by him or her purchased and from
which he or she shall be so evicted as is directed in and by the said first
enacting clause of the said act.
And be it further enacted by the authority aforesaid That the commis- Si^ of
sioners of forfeitures for the southern district shall be and they are estates 1d
hereby authorised and required from time to time to sell so much of ^^^^
the confiscated and forfeited estates described in the ninth section of
the said act, entitled, An act for the speedy sale of the confiscated and
forfeited estates within the State and for other purposes therein men-
tioned " as will together with the gold and silver now in the treasury
and arising from the sales of forfeited and confiscated estates, and
together with the gold or silver or bills of credit of the new emission
designated in the said act and now due on sales heretofore made of
such estates amounting to a sum in bills of credit of the said new emis-
sion or in gold or silver equal to the whole amount of the said bills of
credit in circulation.
And be it further enacted by the authority aforesaid That it shall and Oertiflcates
may be lawful for the commissioners of forfeitures for the southern dis- SS'wiies'hi
trict to receive from any purchaser of forfeited estates by them sold for gouthem
bills of credit of the said new emission or gold or silver, the monies °**
remaining due and unpaid by any such purchaser provided such pay-
ment shall be made in bills of credit of the new emission above speci-
fied or in gold or silver and such purchaser shall within three days after
being thereunto required pay unto the said commissioners one third of
the purchase money so due and in arrear and for the residue thereof
shall execute such bond as is directed to be taken from all purchasers
of forfeited estates hereafter to be sold by the commissioners of for-
feitures: and in case any such purchaser shall neglect or refuse to make
such payment and enter into such bond as aforesaid all monies by such
purchasers already paid on such purchases shall be forfeited to the
people of this State and the lands be again sold in the manner prescribed
in and by the act mentioned in the last preceding clause.
And whereas by an act, entitled "An act to amend an act entitled an
act for the speedy sale of the confiscated and forfeited estates within
this State and for other purposes therein mentioned " it is enacted that
in all sales of forfeited estates to be made by the commissioners of for-
feitures to any person or persons whatsoever after the passing of that
act, such person or persons so purchasing shall immediately pay to the
said commissioner or commissioners one third part of the said purchase
money, and the remaining sum due within nine months from the time
of such sale. And whereas it is conceived that the time given for the
payment of the said two third parts of the purchase money is too long,
therefore
Be it further enacted by the authority aforesaid That every person who Time for
shall hereafter purchase any forfeited estate or estates shall immediately pS^Siwe**'
pay to the commissioner or commissioners making such sale one third money,
part of the purchase money and the remaining sum in four months
from the time of such sale. And the commissioners of forfeitures are
hereby required to take the security directed by the said act to be given
for the same accordingly.
And be ft further enacted by the authority aforesaid That in all cases Where title
where any person hath or hereafter shall purchase any lands, tenements JhiSi^^J^
or hereditaments forfeited to the people of this State and any such lands {Jj^^/jj^^
tenements or hereditaments hath been or shall be recovered against of equal
such purchaser his heirs or assigns by due course of law then and in ▼a***®-
every such case it shall be lawful for the person against whom such
312
LAWS OF NEW YORK.
[Chap. 58.
BpinetuB
white,
payments
Henry
White,
lands for-
feited by,
sale of.
Id.; man-
ner of
making
sale.
recovery is or shall be had, to locate any other forfeited estate to the
amount of the sum paid to the people of this State for the lands tene-
ments or hereditaments so recovered according to the directions pre-
scribed in and by an act entitled "An act to liquidate and settle the
accounts of the troops of this State in the service of the United States "
passed the fourth of October one thousand seven hundred and eighty:
And the commissioners of forfeitures for the district where such loca-
tion shall be made are hereby authorised and required to have the same
appraised at the value thereof in gold and silver in the manner pre-
scribed in and by the said last mentioned act, and to convey to such
person or persons and his her or their heirs so much of the said lands
so located as according to such appraisement shall amount to the sum
so paid for the land so recovered: Provided always that every person
making such location shall at the time of making the same produce and
deposit with the commissioner of forfeitures the deed from the commis-
sioners of forfeitures for the land so recovered and a certificate from
the attorney general of this State for the time being that such recovery
Aras had for want of title in the people of this State. And provided also
that it shall and may be lawful for any such person against whom any
such recovery hath been or shall be had as aforesaid at his election
instead of locating as aforesaid to receive a certificate from the treas-
urer of this State for the sum paid for the lands so recovered. And the
treasurer of this State for the time being is hereby authorized and
required upon producing and depositing with him the original deed
from the commissioners of forfeitures for the land so recovered and such
certificate from the attorney general as aforesaid to give such person a
certificate or certificates for the sum so paid as aforesaid which shall be
of like value and effect as the certificate or certificates paid for the land
so recovered; provided always that if any such appraisement shall exceed
the amount of the principal and interest of such certificate or, certifi-
cates the surplus shall be paid in gold or silver before any conveyance
be given for any hands so located.
And whereas the commissioners of forfeitures for the western district
were by the said act required to convey to Epinetus White of Balls
Town in the county of Albany, a certain tract of land lying in the Kaya-
derosseras Patent, and doubts having arisen whether the said commis-
sioners were authorised to receive payment for the said tract of land in.
public securities. Therefore
Be it further enacted by the authority aforesaid That the said commis-
sioners are hereby authorized and required to receive such public secur-
ities in payment for the said tract of land as are made receivable in and
by the fitfh section of said act provided such pa)rment be made within
three months after passing this act.
And be it further enacted by the authority aforesaid ^ That it shall
and may be lawful to and for the commissioners of the southern district,
and they are hereby authorised and directed to sell and dispose of the
lot of ground with the buildings thereon situated in the east ward of
the city of New York and fronting to Queens street forfeited to the
people of this State by the attainder of Henry White Esquire late one
of the members of the council of the late Colony of New York.
And be it further enacted by the authority aforesaid That the said
commissioners shall sell, and dispose of the said lot at public sale or
auction, at the Cofifee House in the city of New York, after having
given six weeks notice of such sale, in one or more of the news papers
printed in the city of New York and receive the amount of the purchase
money in any of the public securities specified in the fifth section of the
Chap. 58.] NINTH SESSION. 313
act entitled, an act for the speedy sale of the confiscated and forfeited
estates within this State and for other purposes therein mentioned and
the several species of certificates herein before mentioned and shall
make seal and deliver to the purchaser or purchasers a good and sufiic-
ient deed and conveyance in the law to vest the same in such purchaser
or purchasers in manner form and effect as is prescribed and directed
in and by the first section of the act above mentioned. Provided^ that
the possession of the said premises shall not be given to the purchaser
or purchasers as aforesaid until the first day of May one thousand
seven hundred and eighty seven.
And whereas Abraham Bloodgood of the city of Albany on the sev-
enth day of August in the year of our Lord one thousand seven hun-
dred and eighty two purchased from the commissioners of forfeitures
for the western district for the consideration of eight hundred pounds
a messuage and lot of ground in the town of Schenectady which was
supposed to be forfeitted to the people of this State by the conviction
of Richard Duncan but it has since oeen discovered that the legal title
to the said premises at the time of the said conviction was vested in
Peter Van Brugh Livingston of the city of New York, merchant, there-
fore.
Be it enacted by the authority aforesaid^ That it shall and may be law- Abraham
ful for the treasurer of this State and he is hereby required to give the reUeffor***
said Abraham Bloodgood a certificate or certificates for the said sum of 'f*/*"^ ^'
eight hundred pounds payable with interest at ^yt per cent: from the
said seventh day of August one thousand seven hundred and eighty two:
and further that it shall and may be lawful to and for the said Abraham
Bloodgood his heirs or assigns to locate any other forfeited estate to the
amount of the principal and interest of such certificate or certificates
according to the directions of the said act entitled "An act to liquidate
and settle the accounts of the troops of this State in the service of the
United States '* and the commissioners of forfeitures for the district
where such location shall be made are hereby authorised and required
to cause the land so located to be appraised at the value thereof in gold
or silver in the manner prescribed in and by the said last mentioned act
and to convey to the said Abraham Bloodgood or to his heirs and
assigns in fee simple so much of the said lands so located as according
to such appraisement shall amount to the principal and interest of such
certificate or certificates. Provided always that if such appraisement
shall exceed the amount of the principal and interest of such certificate
or certificates the surplus shall be paid in gold or silver before any con-
veyance be given for the lands so located.
And whereas Anthony Post of the city of New York carpenter on the
seventh day of July one thousand seven hundred and eighty four pur-
chased of the commissioners of forfeitures for the southern district for
the consideration of two hundred and twenty five pounds a messuage
and lot of ground in the west ward of the same city which was supposed
to be forfeited to the people of this State by the conviction of James
Leonard of which said premises the said Anthony Post by due course
of law has been evicted the judges of the supreme court having on a
special verdict given an unanimous opinion that the said premises were
not forfeited to the people of this State.
Be it therefore enacted by tho authority aforesaid That it shall and AnthoD7
may be lawful for the treasurer of this State and he is hereby required f^afEJl^
to give to the said Anthony Post a certificate or certificates for the said of title,
sum of two hundred and twenty five pounds with interest at five per
cent from the seventh day of July one thousand seven hundred and
Vol. 2. — 40
314
LAWS OF NEW YORK.
[Chap. 58
Andrew
Finok, Jr.,
relief for,
onpar-
ohase of
landaon
execution.
Oommia-
sioneni of
forfeitures,
settlemeot
of accounts
for sales
of lands.
PhUip
SIceene,
lands for-
feited by,
sale of.
eighty four : and also to pay to the said Anthony Post out of any monies
unappropriated in the treasury his cost in defending the said premises
to be taxed by one of the judges of the said court: and it shall and may
be lawful for the said Anthony Post his heirs and assigns to make a
location of any lands in the southern district forfeited to the people of
this State to the amount of the said principal and interest to be located
appraised, conveyed and paid for in like manner as is directed by the
last preceeding clause in the case of Abraham Bloodgood.
And whereas it appears that Abraham Van Home late sheriff of the
county of Montgomery by virtue of a writ of fieri facias issued out of
the supreme court of this city at the suit of Cornelius Van Scherlyn
against Philip Empie did sell sixty two acres of land unto Andrew
Finck, junior for two hundred pounds in specie. And whereas it after-
wards appeared that the lands sold were at the time of the sale forfeited
to the people of this State by the conviction of the said Philip Empie.
Be it therefore enacted by the authority aforesaid That it shall and may
be lawful for the commissioners of 'forfeitures for the western district to
cause the said lands to be appraised at specie value as though no improve-
ment had been made thereon since the sale of the said sheriff and after
deducting the said sum of two hundred pounds if the appraised value
shall exceed two hundred pounds to pass a deed of quit claim from the
people of this State unto the said Andrew Finck junior on his paying
such excess if any there be in any of the public securities made receiv-
able in payment for forfeited and confiscated estates.
And be it further enacted by the authority aforesaid That the com-
missioner or commissioners of forfeitures for the several districts of this
State are hereby required within three months next after the passing of
this act to settle the accounts of all sales by them respectively made and
completed to the time of such settlement with the auditor of this State
for the thne being and the said auditor is hereby required to certify to
the treasurer of this State the ballances due from the said commission-
ers respectively and also to audit the accounts of the said commissioners
for their pay and necessary expences agreable to the directions in that
case made and provided in and by the act entitled "An act for the
speedy sale of the confiscated and forfeited estates within this State and
for other purposes therein mentioned " passed the twelfth day of May
one thousand seven hundred and eighty four and the treasurer is hereby
required to pay unto the said commissioners respectively the ballance
of their accounts out of any money unappropriated in the treasury: And
the said commissioners shall in every succeeding three months after the
first settlement exhibit their accounts for settlement to the said auditor
in manner aforesaid.
And be it further enacted by the authority aforesaid That it shall and
may be lawful to and for the commissioners of forfeitures for the time
being for the eastern district to sell at public vendue all that certain tract
of land being the southermost of two certain tracts of land on the west
side of Lake Champlain granted unto Philip Skeene by letters patent
bearing date the sixth day of July one thousand seven hundred and
eighty one and he is hereby required to sell the same in twenty equal
shares, by one at a time and to give to each of the purchasers of any
share or shares thereof a deed for such share or shares to hold the same
as a tenant in common with the purchaser or purchasers of any other
share or shares any thing in this or any other law of this State to the
contrary hereof notwithstanding Provided always that nothing
herein contained shall be deemed to render void the privilege granted
unto Zephaniah Piatt Esquire of taking ore from the said tract of land
Chap. 58.] NINTH SESSION. 315
in manner directed by the second clause of the act entitled An act for
granting certain privileges to the township of Plattsburgh.
"And be it further enacted by the authority aforesaid That the treasurer Nathaniel
of this State be and he is hereby required to pay unto Nathaniel Piatt SJ^q©©^^
assignee of Benjamin Sands the sum of sixty ^'^^ pounds with the inter- i^e' for
est from the first day of August one thousand seven hundred and eighty tuie.'* ^
one being for so much money in the bills of the new emission received
of the said Benjamin Sands by Johnathan Lawrence Esquire one of the
commissioners appointed for the sale of confiscated and forfeited estates
in* part payment for a farm in Dutchess county which has not been for-
feited or confiscated, and by him put into the treasury.
And whereas doubts have arisen respecting the title of the people of
this State to a certain house and lot in Wall street in the city of New
York now possessed by Ann White, the widow of Thomas White late of
the city of New York deceased an attainted person, and whereas the
said house and lot has been located by Charles McKnight of the city of
New York physician
Be it therefore enacted by the authority aforesaid That the like relief Chariea
shall be extended to the said Charles McKnight as is by this act extended renfMor*'
to Abraham Bloodgood and the commisssioners of forfeitures for the Jf^/**'* ®'
southern district are hereby required to stay the sale of the said house
and lot until the further order of this legislature.
And be it further encuted by the authority aforesaid That it shall and Reformed
may be lawful to and for the commissioners of the western district Dutc7'*°^
to convey to the trustees of the Reformed Protestant Dutch church at J^r**** **
Caghnawaga in the county of Montgomery by the name in which they SSIaT*
now are or shall be incorporated pursuant to the law of this State in ©onyej^d *
that case made and provided, twenty acres of land described in the con- to.
dition of a bond executed by John Butler to Cornelius Smith, Johannes
Veeder and Johannes E. Van Eps bearing date the seventeenth day of
January one thousand seven hundred and sixty three.
And be it furtJur enacted by the authority aforesaid That it shall and Reformed
may be lawful for the commissioners of forfeitures for the southern dis- church at
trict to convey to the trustees of the Reformed Dutch church at Tarry J'^^to'^
Town in the manor of Philipsburg in the county of Westchester by the be con-
name in which they now are or shall be incorporated pursuant to the ^^^^ **^'
law of this State in that case made and provided, the church and two
acres of land adjoining thereto including the burial ground situate near
the upper mills in the said manor and also a certain farm situate near
Tarry Town aforesaid lately possessed by Samuel Husted deceased and
now in the possession of Stephen Van Vorhis the present minister of
the said church containing about one hundred acres, the improvements
of which were purchased by the trustees of the said church in lieu of
such lands as were heretofore set apart by the former proprietor of the
said manor for the use of the said church and are directed to be sold by
the said commissioners. * And also to convey to such trustees as afore-
said of the Episcopal church in the said manor, the church or building
situate near the mansion house lately the residence of Frederick Philips
of the said manor together with two acres of land adjoining to the said
church and also the parsonage or glebe situate on the east side of the
saw mill river in the said manor and now in the occupation of the widow
of Luke Babcock clerk late deceased containing about ninety seven
acres, which w;as by the said Frederick Philips heretofore appropriated
for a parsonage or glebe.
And in order to arrest the interest accruing on bills of the said new
emission now in circulation.
316 LAWS OF NEW YORK. [Chap. 59.
New emis- Be it further enacted by the authority aforesaid That the treasurer shall
redemp^ immediately after the passing of this act redeem as much of the said
tion of. new emission as he is now enabled to do or shall from time to time
hereafter be enabled to do with any gold or silver now in the treasury
or which may hereafter come therein and which has arisen or may arise
from the sales of forfeited and confiscated estates.
And whereas there have been unnecessary delays in the sale of the
confiscated estates in some parts of this State, therefore
CJommis- Be it further enacted by the authority aforesaid^ That the commission-
coUe^ct ^ crs of forfeitures for the several districts of this State shall, and they are
monies hereby directed and required to collect the monies remaining due upon
make sales the sales of confiscated estates, and to proceed in the sales of such of
convwlient ^^"^ ^s remain unsold, and directed to be sold by the said act hereby
speed. amended with all convenient speed.
Negro And be it further enacted by the authority aforesaid^ That all negro
iSted/^*^' slaves, become the property of the people of this State, by the attainder
manumis- or conviction of any person whomsoever and now in possession of the
^^^^ ' commissioners of forfeitures be, and they are hereby manumitted.
Id.; care And be it further enacted by the authority aforesaid^ That the com-
of inflrm. pfjissioners of forfeitures for the several districts be and they hereby are
required to provide for the comfortable subsistence of all such slaves so
forfeited in -their respective districts as by age or infirmity are become
unable to gain a subsistence, at the expence of the people of this State.
And whereas there are supposed to be sundry mortgages on the for-
feited estates of Philip Skeene and Andrew Skeene at Skeensborough,
the amount whereof cannot be ascertained as the records of the county
of Washington late county of Charlotte have hitherto not been found
but are supposed to be in Canada, and whereas his excellency the gover-
nor is requested to pursue measures for the recovery of the said records.
Therefoie
Philip and Be it enacted by the autJiority aforesaid^ That the commissioner of for-
skwmeT feitures for the eastern district shall be and he is hereby required to
8*||of stay the sale of the said forfeited estates until the said records shall be
stayed. recovered and lodged with the clerk of the county of Washington, or
until his excellency the governor shall advise the said commissioner that
the said records cannot be obtained, or until the further order of the
legislature.
CHAP. 59.
AN ACT for building two court houses and a gaol in the county
of Westchester, and raising monies for that purpose.
Passbd the 1st of May, 1786.
Tax to be Be it enacted by the People of the State of New York represented in Sen-
Wel^ in ^g ^^ Assembly y and it is hereby enacted by the authority of the same^ That
cbeetor the supervisors of the several towns manors and precincts in the county
coMty or ^^ "Westchester for the time being, shall be and they are hereby author-
^23^*°* ized and required, to cause to be raised and levied on the freeholders
and inhabitants of the said county, a sum not exceeding one thousand
eight hundred pounds, for building two court houses and a gaol in the
county, with an additional sum of sixpence in the pound for collecting
the same; which said sum shall be raised levied and collected in like
manner as the other necessary and contingent charges of the county are
raised levied and collected.
Chap. 59.] NINTH SESSION. 317
And be it further enacted by the authority aforesaid^ That the said super- Keettng of
visors shall meet at Bedford in the said county on the second Tuesday ■"P^'^so'^
in May in this present year 1786, for the purpose of dividing & appor-
tioning among the several towns manors and precincts of the said county
the money to be raised by virtue of this act ; and it is hereby made the
duty of the clerk of the said supervisors to notify the respective super*
visors of such meeting.
And be it further enacted by the authority aforesaid^ That one moiety Time when
of the sum to be raised as aforesaid shall be collected and paid into the ^^Jf ^ *^
treasury of the said county on or before the first day of October next,
and the other moiety thereof on or before the first day of April next.
And be it further enacted by the authority aforesaid^ That there shall be Court-
two court houses and a goal in the said county of Westchester; that one ^lSf at*"*
court house and the gaol shall be erected and built at the White Plains 5^|**
on or near the place where the court house and gaol formerly stood; oouit^*"
and the other court house shall be erected and built at Bedford in the sSdlofd.
said county; that the first moiety of the money to be raised by virtue of
this act, shall be applied to building the court house and gaol at the
White Plains ; and that four hundred pounds of the second moiety of
the money to be raised by virtue of this act shall be applied to building
a court house at Bedford, and the residue of the said second moiety
shall be applied towards compleating the court house and gaol at the
White Plains.
And be it further enacted by the authority aforesaid^ That Stephen Ward, Oommto-
Ebenezer Lockwood, Jonathan G. Tompkins, Ebenezer Purdy, Thomas JlJ^ri^
Thomas, Richard Hatfield and Richard Sackett Junior Esquires, be and fend buii*
they are hereby authorized and empowered, to superintend and direct
the building of the said court houses and goal by virtue of this act, in
such manner as they or a majority of them, shall from time to time
judge most eligible, consistent with oeconomy and the interest of the
county ; to contract with workmen, purchase materials, employ an over-
seei or overseers, of such workmen and occasionally to draw upon the
treasurer of the county for such sums of money as may be necessary for
the purposes aforesaid: and the said treasurer is hereby required, out of
the money so to be raised, as aforesaid, to pay to the order of the before-
named persons or a majority of them, such sums as they may from time
to time draw for, retaining in his hands a sum not exceeding one half
per cent, on the monies received and paid out by him by virtue of this
act: and the beforementioned persons shall, when thereunto required
by the supervisors of the the said county, account for the money so by
them to be received and expended.
And be it further enacted by the authority aforesaid. That if the said Neglect of
treasurer or any supervisor assessor or collector shall neglect or refuse o^erJon
to perform the duty required of him by this act, the person so neglect- whom Antf
ing or refusing, shall forfeit the sum of fifty pounds, to be recovered in pSSSS^iop
an action of debt, in any court of record within this State, by the before-
mentioned Stephen Ward, Ebenezer Lockwood, Jonathan G. Tomp-
kins, Ebenezer Purdy, Thomas Thomas, Richard Hatfield and Richard
Sackett Jonior, or the survivors of them; which forfeiture or forfeitures
when recovered, shall be applied to defraying the expences of building
the said gaol.
And be it further enacted by the authority aforesaid That as soon as Courts,
the said court house, to be erected at the White Plains shall, in the Eoldtng^
opinion of the judges and justices of the inferior court of common pleas, «to., oi^
and general sessions of the peace of the said county of Westchester, or a S?"court^"
majority of them, be sufficiently convenient for holding courts therein, houses.
318 lAWS OF NEW YORK. [Chap. 6o.
the said judges shall adjourn the said courts, to be held at the next term
thereof at the court house in the White Plains: and that thenceforth the
inferior courts of common pleas and general sessions of the peace, to be
holden in and for the said county of Westchester, shall be alternately-
held at the court house in the White Plains, and at the Presbyterian
meeting house in the township of Bedford, or at the court house to be
erected at Bedford. And that as soon as the court house to be erected
at Bedford, shall, in the opinion of the court then met at Bedford afore-
said, be deemed convenient for holding courts therein, the then term
and every term thereafter to be held at Bedford, shall be held at the
court house in Bedford ; and that nothing in this act contained, shall
be construed to vitiate any process, recognizance, notice or other pro-
ceedings depending in the said courts.
Prisoners And be it further enacted by the authority aforesaid^ That as soon as
fined In**' the said gaol, to be erected at the White Plains, shall, by the judges of
gjj^«n the inferior court of common pleas of the said county, or a majority of
them, be deemed sufficient for the detention of prisoners, they shall sig-
nify the same to the sherif of the county for the time being, who is
hereby required as soon as conveniently may be, to remove all prisoners
then in his custody to the gaol at the White Plains ; and that thenceforth
the said gaol shall be the gaol of the county.
CHAP. 60.
AN ACT for the relief of William NicoII.
Passed the 3d of May, 1786.
Preamble; WHEREAS William Nicoll late of Islip in the county of Suffolk Esquire
wiiHam deceased, did among other things, give and bequeath in the words and
Niopii, late manner following unto his son William Nicoll "All my lands and here-
Suffoilt* ditaments at Islip in the county of Suffolk not herein after disposed of
county, to my daughters, for and during his natual life without impeachment of
waste, subject to the authority herein after given to my executors, with
remainder to the Honorable George Duncan Ludlow Esquire and the
Honorable Whitehead Hicks Esquire both of Queens county in New
York aforesaid and their heirs during the life of my said son William to
preserve the contingent remainders herein after limited to wit with
remainder to the first son of my said son William for life with remainder
to the said trustees and their heirs during the life of the said first son of
my said son William to preserve the contingent remainders herein after
limited, to wit, with remainder to the first and every other son and sons
of the eldest son of my said son William successively according to their
seniority the eldest to be preferred before the younger to hold the same
in tail male and in case of the death of the first son of my said son
William without issue then I give the said lands tenements and heredit-
aments to the second son and the issue male of such second son in the
same manner as if I had repeated the above devise to his first or eldest
son with like devises to the said trustees for preserving contingent
remainders intending to give an estate for life only to such second son
with a tail to his issue male successively, and so to every other son of
my said son William and the issue of such son successively upon the
like contingencies," arid in default of such issue male then to the eldest
daughter of his said son William for life without impeachment for waste
with remainder over to the first and every son of such daughter succes-
Chap. 6o.] NINTH SESSION. 319
sively to hold in tail mail and in default of such issue then to the second
and every other daughter of his said son William successively for life
with like remainders over to their respective sons successively in tail
mail and in default of such issue then to his son Samuel Benjamin for
life without impeachment for waste with like remainders over to pre-
serve the contingent remainder to this said son Samuel Benjamin and
his heirs male (without regard to his female issue) in the same manner
as he had before limited the same estate to his son William for life, and
then to his issue male, and in default of such issue male of his said son
Samuel Benjamin then to his three daughters and their issue male to be
equally divided between them and in default of their issue male then to
their issue female to be in like manner equally divided, and did in the
said last will and testament declare that it was his general intent to con-
tinue the estate at Islip first in the male descendants of his son William,
then in the male issue of his daughters, then in the male issue of his son
Samuel Beniamin, then in the male issue of his own three daughters in
severalty, and upon failure of such male issue then to their issue female
in severalty, and that it should not be in the power of any of his
descendants before his great grand children to cut of the entail.
And whereas the said William Nicoll, the son, the devisee in the before
in part recited will mentioned hath presented his petition to the legis-
lature, setting forth that doubts have arisen whether the estate which
he holds under the said will be an estate tail or only for life. That
many of the farms in Islip were at the time of his fathers decease leased
at very low rents and that he is charged by the said will with the pay-
ment of annuities to the amount of one hundred and twenty six pounds
for ten years to his three sisters and an annuity of one hundred pounds
for twelve years to his brother. That conceiving himself to be pos-
sessed of an estate in tail he had been induced to contract debts to a
large amount but that the doubts respecting the nature of his estate are
such as render it impracticable to sell any part of the lands so as to dis-
charge his debts; that a number of executions have been issued against
him, that should they be levied on his estate, while the doubts respect-
ing it remain, it would prove insufficient to pay his debts, he must be
turned out of the possession, and deprived not only of the means for
suitably educating his children, but of subsisting his family, and the
greater part of his creditors thereby ruined. That if trustees were to
be appointed by the legislature with authority to sell so much of the
lands as would produce the sum of four thousand pounds these evils
might be prevented and he enabled by honest industry and application
in a short time to discharge the remainder of his debts, and praying for
such relief as the legislature shall deem meet.
And whereas the said Samual Benjamin Nicoll to whom a contingent
remainder in the lands and hereditaments in Islip, by the aforesaid will
is limited, hath by his petition signified his desire that the legislature
would afford relief to his brother the said William Nicoll. And whereas
there is reason to believe that great destruction will inevitably take place
apon the lands and hereditaments aforesaid if the possession of them
during the life of the said William should be sold to the highest bidder,
whereby the estate of the remainder man will be greatly impaired besides
the injury which he must sustain by being deprived of the advantages of
a suitable education who being an infant and unable to act for himself,
and there being no law in this State affording relief in cases particularly
circumstanced, it is become necessary for the legislature to interpose and
by law as far as is possible to preserve the estate- of the infant in remain-
der and provide for his maintenance and education, therefore
320
LAWS OF NEW YORK.
[Chap. 6i.
Betate to
be con-
veyed to
trustees
for pur-
poses
Darned,
Trustees to
file bond in
chancery.
Be it enacted by the People of the State of New York represented in
Senate and Assembly and it is hereby enacted by the authority of the same^
That as soon as the said William NicoU shall by good and sufficient
deeds have conveyed to Ezra L Hommedieu William Floyd and Selah
Strong Esquires, all his right, title, interest and estate in and to the
lands tenements and hereditaments at Islip devised to him by the before
mentioned last will and testament of his father the said William Nicoll
deceased, the same shall therefrom and thereafter be vested in the said
Ezra L Hommedieu William Floyd and Selah Strong their heirs and
assigns for ever in trust for the following purposes, that is to say, to sell
so much thereof as shall be sufficiept to raise the sum of four thousand
pounds to be applied to the payment of the debts owing by the said
William; but if such debts shall not amount to the sum of four thousand
pounds, then to sell so much only as will be necessary to discharge the
same: And that the deeds to be given by the said Ezra L Hommedieu,
William Floyd and Selah Strong to the purchaser or purchasers of the
lands to be by them sold by virtue of this act, shall operate to vest a
fee simple title in such purchaser or purchasers. That the said Ezra
L'Hommedieu, William Floyd, and Selah Strong shall then lease out the
residue and remainder of the said lands and tenements for any term not
exceeding the life of the said William Nicoll or seven years, reserving the
highest rents that can be obtained for the same, and to apply the monies
arising from such rents in the first instance to the payment of the annui-
ties charged thereon by the will aforesaid; and then to the maintenance
and education of such issue of the said William Nicoll as shall be next in
remainder, according to the disposition in the said will made, and the
residue of such rents to be paid to the said William Nicoll or his assigns
during his life; and from and after the death of the said William Nicoll
the said residue of the said lands tenements and hereditaments shall
revest to the uses and trusts of the aforesaid will as if this act had never
been made.
And be it further enacted by the authority aforesaid That the said trus-
tees shall before they enter upon the execution of the trust hereby
reposed in them give bonds to the people of this State in such sum and
with such security as the chancellor of this State shall direct conditioned
for the faithful performance and discharge of the duties and trusts com-
mitted to them by this act.
CHAP. 61.
AN ACT for giving and granting to the United States in Con-
gress assembled, certain imposts and duties on foreign goods
imported into this State, for the special purpose of paying the
principal and interest of the debt contracted in the prosecution
of the late war with Great Britain.
Passed the 4th of May, 1786.
Whereas the people of this State are disposed to contribute to the
utmost of their power to the payment of the debt contracted for the
common defence of the Union during the late war, therefore
CoDfrress Be it enacted by the People of the State of New York represented in
power to Senate and Assembly^ and it is hereby enafted by the authority of the same,
lay duty on That the people of this State do give and grant to the United States in
tJoDs.*^*^ Congress assembled to be levied collected and applied in the manner
Chap. 6i.] NINTH SESSION. 321
hereinafter mentioned, the following duties upon goods imported into
this State from any foreign port island or plantation whatsoever, that is
to say — upon all rum Jamaica proof per gallon four ninetieths of a dol-
lar upon all other spirituous liquors three ninetieths upon Madeira wine
twelve ninetieths upon all other wines six ninetieths upon common
Bohea tea per pound six ninetieths upon all other teas twenty four nine-
tieths, upon pepper per pound three ninetieths, upon brown sugar per
pound one half ninetieth, upon loaf sugar per pound two ninetieths
upon all other sugars one ninetieth, upon molasses per gallon one nine-
tieth upon cocoa and coffee per pound one ninetieth, upon all other
goods a duty of five per cent ad valorem at the time and place of
importation.
And be it further enacted by the authority aforesaid That the said Manner of
duties and imposts shall be levied and collected in the manner directed S? duSw?
in and by the act entitled An act imposing duties on certain goods wares
and merchandize imported into this State passed the eighteenth day of
November one thousand seven hundred and eighty four. And it is
hereby made the duty of the collectors of the said duties to render a
just and true account thereof from time to time when thereunto required
to the United States in Congress assembled.
And be it further enacted by the authority aforesaid^ That the collector Dutieeto
or collectors of the said duties of imposts within this State for the time unFted ^
being shall from time to time during the continuance of this act pay to f^^Jg^^Jf
the United States in Congress assembled or to their order the whole collection,
amount of the said duties (after deducting the salaries of the several
officers concerned or employed in collecting the same) to be by them
applied towards paying the principal and interest of the debt contracted
during the late war with Great Britain : Provided always that the said
salaries shall not exceed eight per cent on the product of the said
impost.
And be it further enacted by the authority aforesaid That it shall and Prosecu-
may be lawful to and for the United States in Congress assembled to agSnst
cause the said collectors or any other person concerned or employed in ooiiectore
collecting the said duties and imposts to be prosecuted by information for default
to be filed in the supreme court of judicature, or in the . court of ^^ n««^«<5t.
exchequer by the attorney of the United States to be appointed by their
resolution or act, for any default or neglect in the execution of the
duties required of them by this act, or by the said act entitled An act
imposing duties on certain goods wares and merchandize imported into
this State, and that all fines imposed on conviction for such neglect or
default shall be applied to the use of the United States; and upon every
such conviction another person shall be appointed instead of the person
so convicted.
And whereas it is the intention of the legislature that the monies aris-
ing by the said duties shall be applied to the discharge of the principal
and interest of the debts contracted by the United States during the late
war and to no other purpose whatsoever : Therefore
Be it further enacted by the authority aforesaid^ That it shall, and is Monies
hereby declared to be a condition upon which this act is made, that all S^i^f^^
the monies to arise from the duties or imposts aforesaid shall be applied b« applied
towards the discharge of the interest and principal of the debts con- of ??ftf°*°
tracted on the faith of the United States for supporting the late war and *«*>*■•
that an annual account of the proceeds and application of the revenue
aforesaid shall be made out and transmitted to the person administring
the government of this State for the time being, to be laid before the leg-
islature, distinguishing the produce of each and every of the specified
Vol. 2. — 41
322
LAWS OF NEW YORK.
[Chap. 62.
Act, when
to take
effect and
how long
to be In
force.
Act recited
to be sus-
pended
when this
act is in
force.
articles, and the whole of the revenue received from each State, and an
account of its application ; and upon failure thereof the legislature of
this State reserve to themselves the right of repealing this act, and the
grant thereby made, anything in this act to the contrary notwithstand-
ing.
And be it further enacted by the authority aforesaid That this act
shall take effect and be in force whenever the United States in Congress
assembled shall declare to the person administering the government of
this State for the time being that the imposts aforesaid are agreed to or
granted to their acceptation for the term of twenty five years by the
several other States in the Union, and shall continue in force for the
space of twenty five years unless the said debt shall be sooner discharged,
and this State shall be answerable to the United States in Congress
assembled, that the monies in which the said duties and imposts shall
be received and paid by any law of this State, shall be equal to gold
and silver coin.
And be it further enacted by the authority aforesaid That the said act
entitled An act imposing duties on certain goods wares and merchan-
dize imported into this State so far forth as the same imposed duties on
goods wares and merchandize, and all other acts imposing duties on
goods wares and merchandize imported into this State or allowing draw-
backs on goods wares and merchandize exported from this State shall
be and hereby are respectively suspended, during the time this act shall
opperate and be in force.
CHAP. 62.
Preamble.
Estate of
•Robert
Hemp-
stead, de-
ceased,
vested in
trustees
for pur-
poses
named.
AN ACT for vesting the real and personal estate o* Robert
Hempsted Esquire deceased, in trustees for the payment of his
debts.
Passed the 4th of May, 1786.
Whereas it hath been represented to the legislature, that the estate
of Robert Hempsted Esquire late of Southold in the county of Suffolk
deceased, is not sufficient for the payment of his debts, and that Mehi-
table Hempsted, who by his last will and testament was appointed his
sole executrix, has renounced the administration of the said will, and
that the said estate is so particularly circumstanced in respect to certain
claims and debts, that it cannot be settled without great loss to his cred-
itors without the interposition of the legislature. And whereas the
creditors of the said Robert Hempsted, his heir at law, and his widow
the said Mehitable Hempsted, by their several petitions, have prayed
that the said estate may be vested in trustees for the payment of the
testators debts, and settling the claims of his heir at law. Therefore
Be it enacted by the People of the State of New York represented in
Senate and Assembly^ and it is hereby enacted by the authority of the same.
That all the estate real and personal, which was of the said Robert
Hempsted at the time of his death, be, and the same is hereby vested
in trustees, to wit, in Jonathan N. Havens, Daniel Osburn and William
Horton Junior of the said county, their heirs and assigns, who are hereby
authonzed and impowered as soon as may be, after the passing of this
act, to sell and dispose of the said estate, in such manner, to such per-
son or persons, and for such sum or sums of money, as they, or the sur-
vivors or survivor of them shall deem most conducive to the interest of
Chap. 62.] NINTH SESSION. 323
the said estate, and to seal and execute good and sufficient deeds and con-
veyances for the said real estate, which sale or sales so made and the
deeds and conveyances to be executed for the same, by the said trus-
tees, or the survivors or survivor of them, are hereby declared to be good
and effectual to all intents and purposes in law and equity, to vest in
such purchaser or purchasers the whole estate and interest which the
said Robert Hempsted at the time of his death had in the real estate so
purchased.
And be it enacted by the authority aforesaid^ That it shall and may Trustees
be lawful to and for the said trustees, or the survivors or survivor Jutm^i?
of them by and with the consent of the major part of the said creditors ?«*>• ?*J*^
m respect to the amount of their debts agamst the estate, to agree with uon.
Thomas Hempsted, the said heir at law of the said Robert Hempsted,
to refer to arbitrators mutually to be chosen between the said trustees
or the survivors or survivor of them, and the said Thomas Hempsted,
all claims which he may have in the right of his mother Mary Hemp-
sted deceased, of in and to the lands devised or ordered to be sold in and
by the last will and testament of the said Robert Hempsted deceased:
and the award, judgment and determination of the arbitrators so chosen
or a majority of them, duly authenticated under their hands and seals,
acknowledged and entered of record in the office of the clerk of the
said county, shall be conclusive to the parties, so that the said trustees,
or the survivors or survivor of them may sell and dispose of in manner
aforesaid, all the lands devised or ordered to be sold in and by the said
last will and testament of the said Robert Hempsted deceased, except
such part thereof as the said arbitrators shall adjudge award and deter-
mine to belong to the said Thomas Hempsted in the right of his mother
as aforesaid: Provided always^ that the said trustees or the survivors
or survivor of them by and with the consent of the creditors as afore-
said, may agree and settle with the said Thomas Hempsted, all disputes
respecting his said claim, which agreement shall be binding on all the
said creditors.
And be it further enacted by the authority aforesaid^ That it shall and Trustees
may be lawful for the said trustees by and with such consent of the Siwe^"'"
creditors as aforesaid, to purchase of Mehitable Hempsted, the said i^r?"^-
widow of the said Robert Hempsted, her right of dower, of, in or to the wfdow.
lands which belonged to him at 'le time of his death, and to pay her
such sum or sums of money as shall be agreed on by her and the said
trustees, for her release of her said right of dower, and by such con-
sent as aforesaid, to settle all disputes which may arise between her and
them respecting the said personal estate, by arbitration or otherwise as
may be agreed on.
And be it further enacted by the authority aforesaid^ That it shall Trustees
and may be lawful for the said trustees or the survivors or survivor of JScow ^
them-to bring a suit or suits for the recovery of any estate or belonging, debts; di-
or debts due, to, the said Robert Hempsted, and shall within one year Jstate ^
hereafter, make a division of all the monies belonging to the said estate, 5J22Rlore
which may have come into their hands, among the said creditors in
equal proportion according to the amount of their respective debts,
without any preference to bonds or other sealed instruments, giving
timely notice to the said creditors of the time and place of making such
division, and within one year thereafter shall make a further division in
manner aforesaid, if they shall have any such monies in their hands,
and shall within that time make a final settlement of the said estate,
retaining in their hands such sum of money for their services and
expences in settling the said estate as shall be allowed by such majority
324 LAWS OF NEW YORK. [Chap. 63,
of the creditors as aforesaid, and in case there should be any estate
remaining after paying the debts and expences as aforesaid, the same
shall be distributed and disposed of by the said trustees as is directed
in and by the last will and testament of the said Robert Hempsted
deceased.
Trusteesto And be it further enacted by the authority aforesaid^ That the trus-
wfth^hM-k ^^^^ before they exercise any of the powers hereby given, shall file in
of court of the office of the clerk of the court of common pleas for the county of
pTea?*^*^ Suffolk, a bond in the penalty of one thousand pounds, with such security
as the said clerk shall think fit, continued for the faithful discharge of
the trusts and powers vested in them in pursuance of this act and to
render an account of the said estate when thereunto required.
CHAP. 63.
AN ACT for the payment of the salaries of the officers of gov-
ernment and other contingent charges.
Passed the 5th of May, 1786.
Treasurer Be it enacted by the People of the State of New York^ represented in
of money™ Senate ami Assembly^ and it is hereby enacted by the authority of the same^
to persons That the treasurer of this State shall pay out of any unappropriated
2o^rnor. monies in the treasury the following sums as herein after directed, that
is to say, to his excellency the governor for administering the govern-
ment of this State from the first day of July last to the first day of July
next at and after the rate of one thousand five hundred pounds per
annum to the person administering the government of this State for the
time being to defray the incidental charges which may arise in and
about the administering the government of this State such sum or sums
of money as he shall from time to time by warrant under his hand and
the privy seal of the State, draw from the treasury of the State for the
purpose, not to exceed in the whole the sum of one hundred and fifty
pounds. To the Honorable R. Livingston Esquire chanseller for his
ChanceUor services in that station from the first day of July last to the first day of
July next at and after the rate of five hundred pounds per annum. To
Chief the Honorable Richard Morris Esquire chief justice of this State for
Justice. j^ig services in that station from and to the respective times aforesaid at
and after the rate of five hundred pounds per annum. To the Honor-
Puisne able Robert Yates and John Sloss Hobart Esquire puisne justices of
Justices ^^ supreme court of this State respectively for their services in that
station from and to the respective times aforesaid, at and after the rate
of five hundred pounds per annum. To the secretary of the State for
SecretMT attending the legislature during the present sessions for the purpose of
of state, receiving the laws and for attending the council of appointment from the
first day of July last to the first day of July next at and after the rate of
thirty pounds per annum. To the said secretary for his services in record-
ing the laws making copies thereof with marginal notes for the press and
making copies by direction of the governor of the Senate or Assembly and
for engrossing the minutes of the council of appointment from time to
time after the rate of one shilling and six pence per folio to consist of
one hundred and twenty eight words agreable to such accounts thereof
as he shall produce audited by the auditor of this State. To the said
secretary for his extra services as secretary to the commissioners of the
land office to the time of passing this act the sum of seventy pounds.
Chap. 63.] NINTH SESSION. 325
To the several members of the Senate and Assembly for each and every Members
day they shall have attended in Senate and Assembly during the pres- Si!^*"
•ent meeting of the legislature and for each and every day they shall
have been or may be traveling to and from their respective places of
abode to the place of the meeting of the legislature each the sum of
fourteen shillings per day to be computed at and after the rate of thirty
miles per day agreable to such accounts thereof as they shall respectively
produce certified by the president of the senate or the speaker of the
assembly as the case may be, and the account of the president of the
senate to be certified by the clerk of the senate and the account of the
speaker of the assembly to be certified by the clerk of the assembly.
To John McKesson and Abraham B. Bancker Esquire clerks of the perks of
assembly and senate each the sum of thirty shillings per day for their ®«*®***"^-
respective services during the present sessions. And . also the amount
of such accounts for monies by them advanced for the use of the
assembly and senate as they shall respectively produce certified by the
president of the senate or the speaker of the assembly as the case may
require. To the treasurer of this State the sum of five hundred pounds Treasurer,
for his services from the first day of July last to the first day of July
next. To the said treasurer the sum of four hundred pounds for the
incidental charges of his office to the auditor of the State the sum of
three hundred and fifty pounds as his salary for the last y^r ending the
twenty third day of March last. To the secretary to his excellency the Secretary
governor at and after the rate of one hundred and fifty pounds per ^Jernor.
annum. To each of the delegates of this State at and after the rate of Deiejfates
one pound twelve shillings per day for such time as they have attended ^!^°"
or shall attend or were going to or returning from Congress to the
respective places of their abode according to such accounts as they
shall respectively produce audited by the auditor of this State. To
Egbert Benson Esquire attorney general of this State at and after the Attorney-
rate of two hundred pounds per annum from the time of his appoint- general,
ment to the first day of July next provided that on a settlement of the
said salary such sums as have been advanced by the treasurer of this
State to the said attorney general on account shall be deducted. To
the door keepers of the senate and assembly at and after the rate of Door-
sixteen shillings per day agreable to such certificates thereof as they f^?SS5ire.
shall respectively produce, certified by the president of the senate or
speaker of the assembly as the case may be. To the Serjeant at Sertreant-
arms at and after the rate of twelve shillings per day agreable to such alarms,
certificate thereof as he shall produce certified by the speaker of the
assembly. To the members of the council of appointment at and after Council of
the rate of sixteen shillings per day during their attendance on the ment.***"
council in the recess of the legislature and for the time of their travel-
ing from and to their respective places of adode, according to such
accounts, as they shall produce certified by the clerk of the said council.
And in order the better to enable the treasurer to make the payments
aforesaid.
Be it further enacted by the authority aforesaid That the collectors Collectors
for the port of New York and for Sagg Harbor shall and they are hereby tipSy'o^r
respectively required to pay into the treasury of this State all the monies to
monies arising from the duties on goods wares and merchandise imported troasurer.
into this State on or before the seventeenth day of April one thousand
seven hundred and eighty six with all convenient speed and if any per-
son or persons who have or hath given bond or security for payment of
any such duties shall refuse or neglect to pay the same the collector to
whom any such bond or security hath been given shall and he is hereby
326 LAWS OF NEW YORK. [Chap. 65,
required within ten days after the same shall become due to cause such
bonds or securitfes to be put in suit, and to prosecute such suit or suits
to effect. And the monies due or to become due on such bonds or
securities or recovered in any such suit shall be paid in gold or silver
only, to the collectors and shall by them respectively be paid to the
treasurer of this State in gold or silver only, any law to the contrary
thereof in any wise notwithstanding.
CHAP. 64.
AN ACT supplementary to an act entitled "An act for emitting^
the sum of two hundred thousand pounds in bills of credit, for
the purposes therein mentioned.
Passed the 5th of May, 1786.
Whereas the county of Albany, has, since the passing of the act
entitled " An act for emitting the sum of two hundred thousand pounds
in bills of credit for the purposes therein mentioned," been divided
into two counties by the names of Albany and Columbia. Therefore.
Act recited Be it enactsd by the People of the State of New- Yorky represented in
riedlnfo^ ^^^^^^ ^^ Assembly , and it is hereby enacted by the authority of the same^
effent. asif That the bills of credit to be emitted in pursuance of the said act, and
county had assigned for loan to the county of Albany, and all and every proceed-
divided'* ings by virtue of the said act respecting the loan of the said bills
assigned as aforesaid, to the county of Albany, shall be lent, and had
in like manner as if the act entitled " An act dividing the county of
Albany into two counties *' had not passed.
Loanoffl- And be it further enacted by the authority aforesaid^ That it shall and
be"p^ofnt- "^^y ^^ lawful for the judges of the inferior courts of common pleas,
ed on last and supervisors of the several counties, who shall not have appointed
of^May,^ loan officers, in pursuance of the directions of the said act on th€ day
for that purpose mentioned in the said act, to make such appointments
on the last Tuesday of May instant.
CHAP. 65.
AN ACT to enable Charles John Evans and Agatha his wife to
make the conveyance therein mentioned.
Passed the sih of May, 1786.
PreamDie. Whereas a controversy subsisted between the heirs and devisees of
John Bradstreet late of the city of Albany Esquire and their representa-
tives of the one part and William Walton and Gerard Walton of the city
of New York relative to the lands situate in the county of Montgomery
comprehended within the bounds and limits following to wit all that
tract of land situate and lying on the west branch of the Delaware river
in the county of Montgomery beginning where the line of property as
run by Simon Metcalfe in the year 1769 departs from the Delaware
river and running along the said line as the needle pointed in the year
1769 before mentioned north nine degrees east one thousand three
hundred chains to the tract granted to Alexander Wallace and others^
Chap. 65.] NINTH SESSION. 327
then along the same as the needle pointed in the year 1770 east
three hundred and seventy two chains to the north west comer of a
tract of thirty thousand acres of land granted to John Rapelje and
others, thence along the west bounds thereof as the needle pointed in
the year 1775 south one degree and thirty minutes east one thousand
chains to the west branch of Delaware river aforesaid, and then westerly
along the said branch as it winds and turns to the place of beginning
containing fifty one thousand acres of land and the usual allowance for
highways. And also all that certain tract or parcel of land situate lying
and being in the county of Montgomery beginning at the south west corner
of a tract of twenty thousand acres of land granted to William Walton
and others in the year 1770, which comer is on the west bank of the
west branch of Delaware river at or near the mouth of a creek called
Caniskutty, and runs thence along the line of the said tract north twenty
two degrees west one thousand and seventy chains to a tract of twenty
eight thousand acres of land on Susquehanna river granted to Alexan-
der Wallace and others, then along the last mentioned tract south fifty
degrees west ten chains and sixty two links to a tract of thirty thousand
acres of land granted in the year 1775 to John Rapelje and others thence
along the line thereof south twenty two degrees east one thousand and
forty four chains to the west branch of Delaware river aforesaid and up
along the stream of said branch to the place of beginning containing
one thousand acres of land and the usual allowance for highways to
which said lands the same being then unpatented the said parties respec-
tively laid claim before the board of commissioners of the land office.
And whereas for settling and determining such controversy Charles
John Evans one of the persons interested under the heirs and devisees
of the said John Bradstreet did by a certain agreement under his hand
and seal duly executed covenant and agree to convey in fee simple ten
thousand acres of the said lands with the usual allowance for highways
to the said William Walton and Gerard Walton one thousand acres
whereof and the usual allowance for highways to be located between
the township of Walton and a certain tract of land granted to John
Rapelje and others and the other nine thousand acres with the usual
allowance for highways to adjoin the said tract so granted to the said
John Rapelje and others and to begin in the southerly bounds of
a tract of land on the Susquehannah river granted to Alexander
Wallace and others at a small beech comer tree marked W C 1773
which tree is surrounded with stones and stands on the west side of a
run of water thence from the said comer tree along a line of trees
marked for the bounds of a tract of land granted to Alexander Wallace
and others west one hundred chains thence south one degree and thirty
minutes west to the Cookquago branch of Delaware river aforesaid
thence up the same river easterly as it winds and tums to the lands so
granted to the said John Rapelje and others then along the bounds
Uiereof north one degree and thirty minutes west one thousand chains
to the place of beginning and the said William Walton and Gerard Walton
for themselves and their associates thereupon relinquished their claims
to the said tracts of land first above described. And whereas two certain
letters patent have lately been issued under the great seal of this State
respectively bearing date the twelfth day of January 1 786 for granting the
said lands to Agatha Evans, wife of the said Charles John Evans, Eliza-
beth Livius wife of Peter Livius and Samuel Bradstreet and Martha
Bradstreet all devisees of John Bradstreet And whereas several of the
said representatives of Martha Bradstreet one other of the devisees of
the said John Bradstreet are minors but the said agreement was entered
328 lAWS OF NEW YORK. [Chaf. 66.
into by the consent and approbation of the attomies of Sir Charles
Gould the sole executor of the last will and testament of the said Mar-
tha Bradstreet who was authorized in and by the last will and testament
to dispose of all the real estate of the said Martha Bradstreet.
And whereas it is represented that the said agreement was beneficial
to the said minors. Therefore Be it enacted by the People of the State
of New York represented in Senate and Assembly and it is hereby enacted
by the authority of the same That it shall and may be lawful to and for
the said Charles John Evans and Agatha his wife to convey and grant
to the said William Walton and Gerard Walton their heirs and assigns
for ever the said ten thousand acres of land agreed by the said Charles
Charles John Evans to be conveyed to them as aforesaid and that from and
EvMs and ^^^^^ ^^e said Charles John Evans and Agatha his wife shall have granted
^'e may and conveyed the same all and every person or persons claiming or
suiBcient deriving title under the said letters patent shall be barred and precluded
hmds']^ therefrom and such title shall be vested in the said William Walton and
feired to. Gerard Walton their heirs and assigns for ever as fully and absolutely
as if all the persons deriving title under the said letters patent had
become parties to the said conveyance.
CHAP. 66.
AN ACT for the payment of certain sums of money and for
other purposes therein mentioned.
Passed the sih of May, 1786.
Treasurer Be it enacted by the People of the State of New York represented in
^ mon^™ Senate and Assembly^ and it is hereby enacted by the authority of the same^
^isaac That the treasurer of this State, shall out of the monies which now are
andJohn or hereafter may be in the treasury, and not otherwise specially appro-
Stagg. priated, pay to Isaac Roosevelt and John Stagg Esquires, such sums of
money as have been advanced and applied by them towards repairing
the hospital in this city, for the use of the State, not exceeding in the
whole the sum of two hundred and forty pounds.
Certificate And be it further enacted by the authority aforesaid^ That the treas-
Bioomer!'* urer shall, and he is hereby required to ascertain the sum due for prin-
ezeoutor. cipal and interest on a certain bond bearing date the twenty fifth day
of March one thousand seven hundred and seventy ^vt,y executed by
Gilbert Drake of the county of West Chester, to William Lownsbery,
in the penal sum of one hundred and fifty four pounds, and conditioned
for the payment of seventy seven pounds ; and for the sum so due as
aforesaid, to issue a certificate to Reuben Bloomer, executor of the last
will and testament of the said William Lownsbery now deceased, which
certificate shall bear an interest of five per cent per annum.
OommlB- And be it further enacted by the authority aforesaid^ That it shall and
»*onereof^ may be lawful for the late commissioners of sequestration of the sev-
tion may eral counties in this State to receive in payment of debts due for arti-
oertaUi cles sold, or rents reserved by them, any of the public securities desig-
oertiiloates nated in the fifth section of the act, entitled, " An act for the speedy
sale of the confiscated and forfeited estates within this State, and for
other purposes therein mentioned ; " provided such payments shall be
made, by the said commissioners into the treasury of this State on or
before the first day of October next.
Chap. 66,] NINTH SESSION. 329
And be it further enacted by the authority aforesaid^ That it shall be Accounts,
and it is hereby made the duty of the late commissioners of sequestra- SSbts^due
tion, and of all other persons possessing books, papers, bonds, notes or forfeited
other evidences of debts due from any person or persons to any estate bfdeposH
or estates forfeited to the people of this State to deliver the same to [i^^ury
the treasurer of this State without delay. And it is hereby made the
duty of the treasurer to receive such books, papers, bonds, notes or
other evidences of debts due as aforesaid, and on neglect or refusal of
any person or persons in whose possession such books, papers, bonds,
notes or other evidences of debts shall be to deliver the same, the said
treasurer is hereby directed to prosecute the person or persons so neg-
lecting or refusing in an action of debt, or detinue, in his own name, in
any court of record within this State, having cognizance of the same.
And be it further enacted by the authority aforesaid That it shall and Oertifloate
may be lawful for the treasurer and he is hereby required, to issue to ^^p****
John AIsop, a certificate bearing an interest of five per cent per annum,
for such sum as shall appear to be due to him by an account to be
audited by the auditor of this State, for his proportion of the amount
of the sales of tea, the property of the said John Alsop and Christopher
Smith, which was seised and sold by the commissioners of sequestra-
tion in Ulster county during the late war.
And be it further enacted by the authority aforesaid^ That it shall and Oertifloate
may be lawful for the treasurer and he is hereby required, to issue to iSii^shep-
Jonathan Shephard, a certificate for the sum of seventy four pounds, i»a«J-
thirteen shillings and four pence, to replace a like certificate formerly
granted to said Jonathan Shephard, which was casually burnt ; provided^
that the said Jonathan Shephard, shall previously make oath of such
loss, and describe the said certificate, to the satisfaction of the treas-
urer ; and give bond in a sum double the amount of the principal and
interest due on such certificate, with sufficient security to the treasurer
of this State, to be approved oif by the said treasurer to indemnify the
people of this State in the premises.
And be it further enacted by the authority aforesaid^ That the treasurer Oertifloate
of this State be, and he is hereby authorised and required, to issue a iScker!*^
certificate to Peter Ricker for the sum of one hundred and twenty seven
pounds ten shillings with the interest thereon, from the first day of
October last ; being the sum paid by the said Peter Ricker, to the loan
officers of the county of West Chester in discharge of a mortgage on a
farm forfeited to the people of this State, by the conviction of Shubal
Sniffen, and purchased by the said Peter Ricker.
And be it furtlier enacted by the authority aforesaid^ That the said treas- Sum of
urer shall pay to Brinton Paine Esquire the amount of such account as he be°pa& to
shall produce, audited by the auditor of this State, for monies expended palS^"
by the said Brinton Paine, for procuring necessaries for prisoners, citi-
zens of this State, and of the other United States while in captivity,
not exceeding in the whole, the sum of fifty two pounds ten shillings ;
and that the said sum be charged to the account of the United States.
And be it further enacted by the authority aforesaid That the treasurer Sums of
of this State, shall pay to Nicholas Fish Esquire, ninety four pounds be^p5^ u>
fourteen shillings and five pence, which together with forty eight pounds ^J^^****^
advanced to him by his excellency the governor, is in full for his ser- Petrus
vices and expenditures for repairing to the province of Quebec, to con- Wynkoop,
vey an exemplification of the definitive treaty between the United States
and the King of Great Britain, to the said province, and for cbnferring
with the governor of the said province respecting the British garrisons
in this State. To Petrus Wynkoop Junior nine pounds, three shillings
Vol. 2. — 42
330 LAWS OF NEW YORK. [Chap. 66.
in full for a judgment recovered against him by William Pease for dam-
ages he sustained in consequence of the said Petrus Wynkoop Junior,
having executed a warrant of impress issued by his excellency the gov-
ernor.
Certiflcnte And be it further enacted by the authority aforesaid^ That it shall and
^Siw^d nnay be lawful for the treasurer of this State for the time being, and he
ghariea is hereby directed to issue a certificate to Harrison Palmer and Charles
^"^ ^* Doughty, for five hundred and twenty five pounds, four shillings and
seven pence being the amount of monies detained from them by the
late commissioners for inquiring into, detecting and defeating con-
spiracies, payable with interest at ^v^ per cent from the twenty third
day of January, in the year one thousand seven hundred and seventy
seven, which sum has been accounted for by the said commissioners to
the auditor of this State.
Honey due And be it further enacted by the authority aforesaid That the sum of
ert'nta^t- *wo hundred and twenty seven pounds one shilling and five pence half
manj^ penny, loan office money due from the estate of Robert Hinchman
™ ' * deceased, late one of the loan officers of Queens county, shall be, and
hereby is remitted.
AUow- And be it further enacted by the autlwrity aforesaid^ That it shall and
commit- "^^y ^^ lawful for the auditor of this State, in auditing the accounts of
sionere of the commissioners of sequestration for the late county of Tryon, now
tfon^f^*' Montgomery, and of the county of West-Chester, to make such allow-
ery'county ^^^^^ *^ ^^^ ^^^^ commissioners, as shall appear reasonable, for such
sums of money due for goods or chattels, sold by the said commission-
ers respectively ; and which it shall appear to the auditor by satisfactory
proof that the said commissioners were prevented from recovering, by
the events of the late war.
Persona Fe- And be it further enacted b^ the authority aforesaid^ That the several
restored^to P^^^^ons mentioned in the third clause of the act entitled ** An act to
citizen«hlp preserve the freedom and independence of this State, and for other
purposes therein mentioned," passed the 12th day of May, 1784, and
Peter Van Schaack Richard Bartlett, Theophilus Nellson, and Zebulon
Walbridge, shall be and they are hereby respectively restored to all
their rights, privileges and immunities as citizens of this State, from
and after such time as the said persons respectively shall in any court
of record of this State take the oath of abjuration and allegiance pre-
scribed by law, any thing in any former law contained to the contrary
thereof notwithstanding.
James And be it further ermcted by the authority aforesaid^ That it shall and
reuirn^to^ may be lawful for James Peters late of Orange county, to return to and
the State, remain in this State for the purpose of settling his private affairs, any
law to the contrary notwithstanding.
Rent due And be it further enacted by the authority aforesaid^ That one years
ert coch- ^^^^ ^"^ ^^ ^^^ State for lands demised to Robert Cochran, at Crown
ran re- " Point, be and the same is hereby remitted.
Udn^ Ha ^^ ^^ '' further enacted by the authority aforesaid, That Udny Hay
towJeaM Esquire, late State agent, is hereby authorised and required, to release
Gien^m ^^^ discharge Henry Glen Esquire, of and from a judgment recovered
a Judg- before John Jacob Beekman Esquire, against the said Henry Glen, by
™®'*'* the said Udny Hay, for twenty pounds, as a forfeiture for neglecting to
perform certain duties required of the said Henry Glen as supervisor of
the district of Schenectady in the county of Albany, upon the said
Henry Glen's paying the costs accrued on the said judgment.
And whereas two several locations have been made on a certain mes-
suage and farm at Fishkill in the county of Dutchess forfeited to the
Chap. 66.J NINTH SESSION. 331
people of this State by the conviction of John Kane and seperate deeds
thereof given by the commissioners of forfeitures for the middle district,
to John H. Sleght and Charles McKnight and whereas a suit is now
depending between the persons claiming under the said deeds respec-
tively, concerning the title of the said messuage and farm: in order
therefore to put an end to such suit and to quiet the parties thoreto.
Be it further enacted by the authority aforesaid^ That ^s soon as the contro-
said Charles McKnight shall release all his right title and interest in between**^
and to the said messuage and farm to the said John H. Sleght or to chariea
such person or persons as may now hold the same by title derived from J^d^iSn^
the said John H. Sleght that then it shall and may be lawful for the said H. sieght.
Charles McKnight to locate on any forfeited lands and tenements in the
southern district of this State, to the amount of the first appraisment
made of the said messuage and farm at Fishkill, together with the inter-
est thereof from the time of the said first location ; and also together
with the costs accrued in the suit above mentioned to be taxed by a
judge of the court in which such suit is pending, shalt be considered as
so much paid towards the lands and tenements which shall be located
in manner aforesaid; to be appraised, conveyed and paid for in like
manner as it is directed by the act, entitled "An act to liquidate and
settle the accounts of the troops of this State, in the service of the
United States ; provided^ that if the lands and tenements to be located
as aforesaid shall be appraised at an higher sum than the amount of the
principal and interest and such costs as aforesaid, the excess shall be
paid in gold or silver.
And be it further enacted by the authority aforesaid That the treasurer Treasurer
of this State shall out of any monies which now are or hereafter may be e?J?SlmY"
in the treasury and not otherwise specially appropriated pay the follow- specified,
ing sums of money and to the following persons, that is to say — to his
excellency the governor the sum of four hundred pounds thirteen shil- Ooyenior.
lings and eight pence in full of his account for the incidental charges of
administring the government of this State after deducting the several
sums he has received on account thereof; and also the sum of one
hundred and forty nine pounds and two pen^e for monies advanced by
him for defraying the expences of and making presents to certain Oneida
Indians in pursuance of concurrent resolutions of the senate and assem-
bly of the seventh day of March last. To Gilbert Livingston and Gilbert
Augustine Lawrence Esquires one hundred and forty pounds for sign- JiJ a^u2
ing stamping and delivering certain bills of credit commonly called bills tine Law-
of the new emission. To the surveyor general of this State the ballance gu^yoj^
of such account as he shall exhibit audited by the auditor of this State general
for his expenditures in surveying the lands purchased of the Oneida Jonathan
and Tuscarora Indians. To Jonathan Landon Esquire the sum of one ^'*°**®"-
hundred and fifty four pounds eleven shillings and ten pence being the
ballance due to him on his cash account as the same is audited by the
auditor of this State.
And be it further enacted by the authority aforesaid That the treasurer Commis-
of this State shall pay unto the commissioners of forfeitures for the forfeitures,
western district out of any monies unappropriated in the treasury the
sum of two hundred and fifty pounds on account. To Samuel Loudon samoei
the sum of three hundred pounds on account as printer to the State. i^"<^o°-
To Anthony Post for repairs to the exchange the sum of eight pounds Anthony
five shillings and two pence. To Elizabeth Holt the sum of two hun- E?,*'*w3*h
dred pounds for one years salary of her late husband John Holt as a Holt,
printer employed by the late convention of this State. To Abraham B. Abraham
Bancker seventy five pounds in full for his services during the late war ^ Banckor
332
LAWS OF NEW YORK.
[Chap. 66.
John
McKesson.
Samuel
Francis.
Commis-
sioners to
ascertain
Massa-
chusetts
boundary
line.
Collectors
and offi-
cers of
customs.
Certificates
to be re-
ceived of
Jotin Oel-
fiton and
Francis
Post.
as deputy secretary of the State for which he has received no compen-
sation. To John McKesson Esquire, clerk of the assembly for his
services in that station and for sundry disbursements for the assembly
in September and October 1780 and at the two first meetings of the
legislature in the year 1781, the sum of two hundred and two pounds
five shillings and ten pence. To Samuel Frauncis in compensation for
sundry disbursements by him made to support prisoners belonging to
this State during the late war and for sundry services by him performed
during the same war the sum of two hundred pounds.
And be it further enacted by the authority aforesaid^ That the Honorable
Robert Yates Esquire Philip Schuyler and Gerard Bancker Esquires
commissioners appointed to assist in ascertaining and running a line of
jurisdiction between this State and the Commonwealth of Massachusetts
or any two of them be and they are hereby authorised from time to
time to draw upon the treasurer of this State for such sums of money as
they shall judge necessary for defraying the expences attendant on the
business committed to them not exceeding in the whole the sum of six
hundred pounds for which they shall be accountable, and the said com-
missioners and the commissioners appointed to complete the running of
a jurisdiction line between this State and the Commonwealth of Massa-
chusetts by virtue of a law of this State passed the nth day of Novem-
ber 1 784, and a law passed this present session, be and they are hereby
allowed forty shillings per day over and above their expences of pro-
visions and necessaries, the accounts as well of the expenditures as of
the time of service to be ascertained and certified to the treasurer by
the auditor of this State, and on such account rendered to be paid by
the treasurer of this State.
And be it further enacted by the authority aforesaid^ That the treasurer
of this State is hereby authorised and required to pay to the collector
of the port of New York in quarterly payments at and after the rate of
one thousand five hundred pounds per annum. To the collector of the
port of Sagg Harbour at and after the rate of seventy five pounds per
annum. To the surveyor and searcher at and after the rate of two
hundred and fifty pounds pr. annum and to each of the land and tide
waiters the sum of ten shillings pr. day.
And whereas John Gelston and Francis Post respectively were
indebted to the loan office of the late colony now State of New York
and have by their several petitions shewn that they were unavoidably
prevented from making payments of their said respective debts within
the time limited in the act entitled, " An act to enable persons to dis-
charge debts due to this State for monies loaned while this State was a
colony passed the 7th April 1785 " and whereas the real estate of the
said debtors mortgaged for their respective debts in the said loan office
have in pursuance of the said act been sold by the loan officer of the
city and county of New York for specie; and were purchased by the
said debtors who are now indebted for the same and the said debtors
having prayed that they may be permitted to discharge their said debts
in such certificates as are mentioned in the said act, therefore
Be it enacted by the authority aforesaid That it shall and may be law-
ful for the said loan officers to receive of the said John Gelston & Fran-
cis Post in discharge of their respective mortgages such certificates as
are made receiveable in discharge of estates mortgaged in the said loan
office by the said act to the amount of the principal and interest due on
their respective mortgages as if no such sale had been made provided
such certificates be paid to the said loan officer by them respectively
Chap. 66.] NINTH SESSION. 333
within thirty days after the passing of this act and the expences accrued
in selling the same be paid in specie.
Ami w?ureas William Barber, Esquire, Continental commissioner for
liquidating and adjusting- accounts within this State has given certifi-
cates to the treasurer of this State for sundry articles of property taken
from inhabitants of this State and whereas a considerable part of such
property as aforesaid, was taken from persons whose estates were not
sequestered, therefore
Be it enacted by the authority aforesaid^ That it shall and may be Ceruiicates
lawful to and for Stephen Ward and Samuel Drake Esquires to certify J^ ^iSTm
unto the treasurer of the State, which of the persons or their legal rep- described,
resentatives for which he has received such certificates as aforesaid,
appear to them entitled to compensation and the treasurer is hereby
required to give unto each person so to be certified as entitled to com-
pensation, his or her legal representative a certificate of equal amount
to the ?um allowed by the said William Barber and bearing like interest
from the day of the date of the certificate granted by the said William
Barber.
And be it further enacted by the authority aforesaid^ That the surveyor Adyanoaa
general of this State be and he is hereby authorised from time to time to ^5!S^^'
draw on the treasurer of this State for a sum not exceeding five hundred
pounds to enable him to carry into effect such duties as may be enjoined
him by the commissioners appointed by the act entitled An act for the
sale of the unappropriated lamds within this State and for other pur-
poses therein mentioned.
And be it further enacted by the authority aforesaid. That ever}' person oertiflcates
or person holding or possessing certificates issued by Udney Hay J^J^ in"
Esquire late agent of this State or any of his assistant agents or by Ueu of
Jacob Cuyler Morgan Lewis or Andrew Bostwick, Esquires in pursuance fjS^t's
of former laws of this State shall after such person or persons shall have certificates
endorsed his her or their name or names on such certificates in his her
or their own proper handwriting, deliver the same to the treasurer of
this State on or before the first day of September next and every such
person or persons holding or possessing such certificates and who shall
not endorse and deliver the same to the treasurer on or before the day
last aforesaid shall be from thenceforth barred and precluded from any
compensation or payment for such certificates, and the treasurer of this
State in hereby authorised to issue certificates to such person or persons
for the amount of the sums mentioned in tl?e certificates delivered to
the said treasurer, in the manner directed in and by the act entitled An
act for emitting the sum of two hundred thousand pounds in bills of
credit for the purposes therein mentioned and the treasurer is hereby
required to publish this clause so far as the same respects the said cer-
tificates in one or more of the public news papers printed in the cities
of New York and Albany for the term of six weeks
And be it further enacted by the authority aforesaid That the auditor of Auditor to
this State be and he is hereby required to settle and audit all the SSuntsof
accounts of the said Udney Hay together with such other accounts of Udney Haj
the said Udney Hay for services which he was authorised to perform
by laws or concurrent resolutions of the legislature as soon after the said
first day of September next as conveniently may be, and to settle and
and adjust the same upon principles of equity and good conscience,
when it shall appear that the proper vouchers were lost, by the fire
which consumed the said Udney Hays house and also agreable to the
directions contained in a law of this State passed the 22d of April 1785,
the non settlement of his accounts by his assistants notwithstanding^.
334 LAWS OF NEW YORK. [Chap. 67.
That the treasurer of this State be and he is hereby authorised and
required to pay unto the said Udney Hay the ballance of the sum of
one thousand pounds for so much due from the said Udney Hay as late
State agent unto Daniel Parker Esquire and which the said Udney Hay
was by law directed to pay and to charge the same in account with this
State.
Certain And be it further enacted by the authority aforesaid^ That it shall and
cere may*' ^^X ^^ lawful for any public officer who was employed during the late
pay claims war, under the authority of the United States or of this State, and who
tfemin J^ow is or hereafter shall be prosecuted for services performed at his
certiflcatjj request or articles by him purchased or taken for the us6 of the United
States or this State, to tender in court any of the public securities enumer-
ated in the fifth section of the act entitled An act entitled an act for the
speedy sale of the confiscated and forfeited estates within this State and
for other purposes therein mentioned passed the 12th day of May 1784,
at the rates at which such certificates are respectively receivable for
forfeited estates in full discharge of such demand ; provided it shall
appear to the court that the services done or articles furnished were
done for or applied to the use of the United States or of this State.
And whereas the corporation of " The Marine Society of the City of
New York in the province of New York in America have, by their peti-
tion to the legislature setting forth that in consequence of the late happy
revolution several terms in the stile and name of the corporation are
become improper, humbly praying that the stile and name of the said
corporation may be altered, Therefore
Marine Be it enacted by the authority aforesaid That the stile and name of
the ci?yof the said corporation shall be altered from the present stile and name to
New York, the stile & name of The Marine Society of the City of New York in
name!* ^ the State of New York and that the said society shall from and after
the passing of this act be known by such stile and name as last men-
tioned and not by the stile or name expressed in their charter of incor-
poration.
CHAP. 67.
AN ACT for the speedy sale of the unappropriated lands within
this State and for other purposes therein mentioned.
Passed the 5th of May, 1786.
Whereas experiment has evinced that the settlement of the unap-
propriated lands in this State, in the manner directed by former acts, is
subject to great embarrassment and inconvenience and productive of
controversy. For prevention whereof
Land Be it enacted by the People of the State of New York represented in
board, what ^^f^^fg and Assembly and it is hereby enacted by the authority of the same
compose. That his excellency the governor or person administering the govern-
ment of this State for the time being, the lieutenant governor, the
speaker of the assembly, the secretary of the state, the attorney general,
the treasurer and the auditor of this State respectively for the time
being shall be and they hereby are appointed commissioners of the
land office, to direct the disposing and granting of the unappropriated
lands within this State according to such powers and directions as shall
from time to time be prescribed by the legislature ; and all and every
of the powers and trusts to be vested in them by this or any future,
Chap. 67.] NINTH SESSION. 335
act, shall and may be lawfully executed by any tnree of them, the gov-
ernor or person administering the government of this State for the time
being to be always one, and that the secretary of this State shall ex
officio always be the secretary of the said commissioners.
And be it further enacted by the authority aforesaid^ That it shall and Surveyor-
may be lawful to and for the said commissioners and they are hereby {2*y°oIIt* ^
authorized from time to time, to direct and require the surveyor gen- 1*^°*^?,"""
eral of this State for the time being, to cause actual survey of the out- tion oP^
lines of all such of the waste and unappropriated lands of this State, **°^ *^"^
as they shall deem proper for sale, and most promotive of the interest
of this State, to be made, provided always that the said commissioners
whenever they shall think proper, may direct the surveyor general, to
lay down on a map any tract of land for sale, without proceeding to
the survey of the out lines thereof.
And be it further enacted by the authority aforesaid^ That it shall and Lands to
may be lawful to and for the said commissioners and they are hereby {if tSwn?"*
required from time to time to direct the surveyor general to lay each fjlgj**'
and every of the tracts, directed to be laid out by the said commission- * ^^"^
ers into townships on a map to be by him made, each township to con-
tain as nearly as may be sixty four thousand acres of land, and as nearly
in squares as local circumstances will permit.
And be it further enacted by the authority aforesaid^ That the said Lands
surveyor general, where any township shall include lands heretofore 5roSte?to
granted, under the great seal of the late colony of New York, or under be marked
the great seal of this State, or which may have been located as bounty ^^ "**p®-
lands by virtue of any law of this State, or shall have been granted, or
determined to be granted by the said commissioners on equitable claims,
shall lay down the same on the map thereof and the unappropriated
lands in such township or townships only, shall be sold in manner herein
after directed.
And be it further enacted by the authority aforesaid^ That the said Maps of
surveyor general as soon as may be, shall make a map of such tracts so JSSde and^
intended for sale, on which shall be laid out, the townships contained "'J'^'^flj ^
therein, which townships shall be numbered from number one progres-
sively to the last inclusive, and each township shall on such map be sub-
divided into lots as nearly square as may be, and each lot to contain six
hundred and forty acres, or as nearly so as may be, and the lots in each
township shall be numbered from number one to the last inclusive in
arithmetic progression, and on every fourth township in such map shall
be written To be sold by single lots." And one copy of such map
shall be filed in the office of the secretary of this State, and the original
thereof in the said surveyor generals office, and the said secretary and
surveyor general respectively, shall cause the maps so to be filed, to be
put up in some conspicuous part of their respective offices, and shall
permit any person whatever, freely to inspect such maps between the
hours of nine and twelve in the morning, and three and six in the after-
noon, of every day Sundays only excepted, on paying for inspection in
morning sixpence, and the like in the afternoon.
And be it further enacted by the authority aforesaid^ That the said Notice of
surveyor general shall, immediately after having filed such map as afore- f^ids tobe
said in the secretarys office, give notice thereof by public advertisement, published,
to be published in at least three of the newspapers printed in this State,
and shall in the said advertisement mention and appoint a day certain,
not more than forty, nor less than thirty days from the day on which
such advertisement shall be first published, on which day he will com-
mence the sale of the said lands at public vendue, to the highest bidder,
336 LAWS OF NEW YORK. [Chap. 67.
and shall also mention in such advertisement, the place where such
vendue will be held.
Manner of And be it further enacted by the authority aforesaid^ That at every such
"**®' sale, the said surveyor general shall put up to sale, as nearly as may be,
one quarter part of the unappropriated and unreserved lands in every
township, in lots contiguous to each other, and shall strike off the same
to the highest bidder, with a reservation of five acres of every hundred
acres so sold, for highways, and shall continne to sell in such quarter
parts until the whole of such townships are sold. Provided that none of
the lands so laid out shall be sold at a less price than one shilling per
acre: And provided also that the first fourth township, and every other
fourth township in the said tracts, shall be sold by single lots only, and
not otherwise.
Purchaser And be it further enacted by the authority aforesaid^ That every pur-
fouit^part chaser, shall immediately after having made his purchase, pay unto the
at time of said surveyor general, one fourth part of the purchase money, and hav-
ing paid the ^ame, the surveyor general shall give unto such purchaser
a certificate containing such a description of the bounds of the land
purchased, as that the same may be inserted in the letters patent to be
granted therefore, and shall indorse on such certificate the sum by him
received, and also the sum stiU due on such purchase. And if the pur-
chaser shall not within sixty days next after the date of such certificate,
pay the sum so still due, to the treasurer of this State, the purchase
made, by every such delinquent purchaser, shall be, and hereby is
declared null and void, and the money so paid, shall be forfeited to the
use of the people of this State, but if the sum so remaining due, shall
be paid to the said treasurer within the time herein limited, he shall
indorse a receipt therefore on the said certificate. Provided alwaySy that
none of the interest arising on any public securities, with which such
sum so unpaid, shall be discharged and which shall have accrued subse-
quent to the date of such certificate, shall be allowed, by the said treas-
urer. And provided also, that if any purchaser shall not immediately
after such purchase, pay the said one fourth part, the said surveyor
general shall, at the same vendue, again expose the lands so purchased,
to sale, and every purchaser who shall refuse or neglect for the space of
twenty four hours next after such purchase, to pay the said one fourth
part, shall forfeit to the people of this State the sum of twenty pounds,
to be sued for and recovered by the said surveyor general in his own
name, in any court of record, within this State and such purchase shall
be, and hereby is declared to be null and void.
Commis- And be it further enacted by the aut/writy aforesaid^ That if any pur-
fand^offlce chaser, by himself or herself or his or her legal representative, shall pro-
to Issue duce such certificate, with such receipt as aforesaid, indorsed thereon
when cer- to the Said commissioners, it shall and may be lawful to and for the said
payment' Commissioners to direct letters patent to be prepared and issued for
presented, granting the lands described in such certificate to the purchaser thereof
or to the purchaser and such other person or persons, as he shall under
his hand and seal signify to be concerned in the purchase so by him
made, in the manner herein before mentioned.
And whereas a tract of land, commonly called Jessups purchase was
heretofore laid out into townships of six miles square, and into tracts of
less dimension, a great part whereof remains unpatented.
Commls- Be it therefore enacted by tfte authority aforesaid. That it shall and may
inay^direct ^^ lawful to and for the said commissioners to direct the surveyor gen-
saie of any eral, to sell all or any of the said townships and smaller tracts remaining
SdKlSds^ unpatented, in such parts and parcels, as they shall direct, and the said
Chap. 67.] NINTH SESSION. 337
surveyor general shall advertise, sell and certify the same in manner
herein before directed; and the treasurer shall endorse on every such
certificate on payment of the purchase money, and letters patent shall
pass for the same, as herein before directed.
And be it further enacted by the authority aforesaid That in every Reserva-
township so laid out, or to be laid out as aforesaid, the surveyor general goajwu*'
shall mark one lot on the map ** gospel and schools " and one other lot school' and
" for promoting literature " which lots shall be as nearly central in every '®'"*'"'*®'
township as may be, and the lots so marked, shall not be sold, but the
lot marked " gospel and schools ** shall be reserved for, and applied to,
promoting the gospel and a public school or schools in such township:
And the lot marked " for promoting literature " shall be reserved to the
people of this State, to be hereafter applied by the legislature for pro-
moting literature in this State.
• And be it further enacted by the authority aforesaid^ That the said Surveyor
surveyor general shall, within thirty days next after the sale of any of returo of
the lands herein before. directed to be sold by virtue of this act, make |?i®»fP®'^'
return of every such sale to the treasurer of this State, and if the pur- neglect by
chasers or some other persons on their behalf respectively, do not pay Purchaser,
the purchase money due on the sale within the time or times herein
before limited, the said treasurer shall transmit to the said surveyor
general, the name of every delinquent purchaser, and the surveyor gen-
eral shall thereupon advertise all the lands so sold and not paid for, to
be again sold at a time and place in such advertisement to be men-
tioned, and in manner aforesaid.
And it be further enacted by the authority aforesaid^ That the said Towns laid
commissioners shall designate every township to be laid out by virtue 2am^.^^
of this act, or which is already laid out, by such name as they shall
deem proper, and such name shall respectively be mentioned in the let-
ters patent for granting a township or part of a township.
And be it further enacted by the authority 'aforesaid^ That all lands J^J"A'
for which letters patent have at any time heretofore been granted, and colony to
which have since been vacated, by laws of the late colony of New {J5,afion.^
York, all lands having been so granted, and which have been resigned
to the crown of Great Britain while this State was a colony, and not
regranted, are hereby declared lands on which locations might have
been and may hereafter be legally made.
And whereas by virtue of acts heretofore passed, for granting bounty
lands, sundry locations have been made, on lands belonging to the Onon-
daga Cayuga and Seneca nations of Indians, and whereas an attempt to
settle such lands by the persons entitled to letters patent therefore by
virtue of the said acts may involve this State in a disagreeable contro-
versy with the said Indians. Therefore
Be it enacted by the authority aforesaid^ That it shall and may be Persons
lawfull to and for any person having made such location as aforesaid ind^ian* ^
to withdraw; such location, and each and every of them are hereby }an<J»^ '«-
authorized, to locate on any of the lands to be sold by virtue of this
act, excepting on the lands purchased from the Oneida Indians as afore-
said, and to receive from the said surveyor general a certificate, of such
location directed to the said commissioners who shall thereupon direct
letters patent to be prepared, and having approved the same, the gov-
ernor or the person administering the government of this State for the
time being, shall cause the great seal of this State to be affixed thereto.
Provided that locations to be made for any bounty lands in pursuance
of any law of this State, shall not be made on any lands directed to be
laid out for sale by the said commissioners after such lands shall have
Vol. 2. — 43
338
LAWS OF NEW YORK.
[Chap. 67.
Lands in
southern
district not
to be
located.
Locations
by persons
entitled to
bounty
lands.
Grants of
land under
water.
Grants to
settlers
who have
made
improve-
ments.
Grants to
Colonel
Timothy
Church
et al.
been directed by the said commissioners to be set apart for sale, unless
such locations shall be made for any whole lots or number of whole lots
into which any township shall be subdivided. And provided also, that
no such locations or grants in consequence of such locations shail be
made for any lanjis included in the purchase made of the Indians by
the people of this State, on the twenty eighth day of June in the year
of our Lord one thousand seven hundred and eighty five.
And be it further enacted by the authority aforesaid That none of the
vacant and unappropriated lands within this State and which lay in the
southern district thereof shall be located or granted by virtue of this
act or any clause thereof.
And be it further enacted by the authority aforesaid. That it shall be
lawful for any person (who shall heretofore have made any location for
bounty lands, or who shall hereafter make a location for such lands,
and whose locations have not been or hereafter shall not be allowed of
by the said commissioners or the surveyor general) to locate on any of
the vacant and unappropriated lands subject to location for bounty
lands in and by this act.
And be it further enacted by the authority aforesaid. That it shall and
may be lawful for the said commissioners to grant such and so much of
the lands under the water of navigable rivers, as they shall deem neces-
sary to promote the commerce of this State. Provided always that no
such grant shall be made in pursuance of this act, to any person what-
ever other than the proprietor or proprietors of the adjacent lands.
And provided also, that every applicant for ^uch grant, shall previous to
his or her application give notice thereof by advertisement to be pub-
lished in one of the newspapers printed in this State for six weeks suc-
cessively, and shall cause a copy of such advertisement to be put up at
the court house of the county in which the lands lay so intended to be
applied for, and if there be no court house in the county, then at such
place as the said commissioners shall direct.
XIX. And be it furt/ier enacted by the authority aforesaid. That where
any person is now in the actual possession of any of the said unappropri-
ated lands, and hath been so possessed, prior to the twenty fifth day of July
one thousand seven hundred and eighty two, and hath made improve-
ments thereon, it shall and may be lawful for the commissioners afore-
said, to grant to every such person in fee simple, a farm not exceeding
two hundred acres, including such improvements, upon such persons
payir^g as aforesaid, one shilling an acre for the same. Provided always
that the person so in possession is the original settler or the heir or legal
representative of such original settler or shall have purchased such im-
provements from the original settler, or from his legal representatives,
and that such original settler did not go off or join the then enemies of
this State during the late war; and provided also that such person shall
make application to the said commissioners for such grant within six
months after the passing of this act.
And be it further enacted by the authority aforesaid. That it shall and
may be lawful to and for the said commissioners to appropriate a tract
of land equal to eight miles square in any of the townships to be laid
out in pursuance of this act, for the use of Colonel Timothy Church
Major William Shattuck and Major Henry Evans, and such other per-
sons of the counties of Cumberland and Gloucester, as shall be deemed
by the said commissioners to be sufferers in opposing the government of
the pretended State of Vermont, and to grant the land in such town-
ship, in such proportion to each of such sufferers as to the said commis-
sioners shall seem meet and proper, and to direct letters patent to be
Chap. 67.] NINTH SESSION. 339
prepared accordingly, and having approved of the same, the governor
or person administering the government of this State for the time being,
shall cause the great seal of this State to be affixed thereto. And
whereas by the act entitled " An act to prevent grants or locations of
the lands therein mentioned passed the 25th of July 1782" a certain
tract of land was set apart for the use of such of the inhabitants of this
State, as had served in the army of the Uttited States. And whereas
from sundry circumstances which have intervened, since the passing of
the said act, the lands so intended to be granted would be of little use
to the said inhabitants having so served. Therefore
J5e it enacted by the authority aforesaid^ That the said commis- Lands to
sioners shall be, and they are hereby authorized to direct the sur- ^r Jj^"*
veyor general to lay out the following tract of land, to wit, begin- JJon as
ning at a certain point in the north bonds of Jessup*s purchase, thirty lanS.^^
miles distant from the north east comer of two certain tracts of land
granted to Philip Skeene by letters patent bearing date the sixth day
of July one thousand seven hundred and seventy one, and running
thence north to the north bounds of the State, thence easterly along
the same twenty miles, thence south to the north bounds of Jessups
purchase aforesaid continued easterly, thence to the place of beginning,
all which tract of land shall on a map thereof to be made, by the sur-
veyor general, be laid out into townships of ten miles square, and each
township shall on the said map be numbered; and the commissioners
shall thereupon from time to time devise such regulations for laying out
lots of such dimensions, as they shall think proper for satisfying out of
the said tract of land such claims of all such persons who are or shall be
entitled to grants of lands by virtue of the tenth eleventh and fourteen
clauses of the act entitled "An act for granting certain lands promised
to be given as bounty lands by laws of this State and for other purposes
therein mentioned," or such of them are as still unsatisfied, as to the said
commissioners shall appear best calculated to enable the persons hold-
ing such rights to participate as equally as may be in the advantages
derived from locating the said lands to which they shall be respectively
entitled. Provided that all persons claiming such rights, and who have
not already exhibited their claims, shall exhibit their respective claims
to the said commissioners on or before the first day of January next, or
shall be precluded from the same.
And be it further enacted by the authority aforesaid That it shall and Lands to
may be lawful to and for the said commissioners to appropriate a tract ^r^oiJ."*
of land in or adjoining to the land set apart in and by this act for the dian refu-
use of persons entitled to grants for military services, not exceeding in *****
quantity six thousand acres to be divided between such refugees who
during the late war or since have come from Canada, and who in the
opinion of the said commissioners may be entitled to the bounty of this
State or of the United States, and who are not provided for by any law
of this State.
And be it further enacted by the authority aforesaid^ That on the lands Lands to
to be granted by this act or any former act, there shall be an actual set- i5f s^even^
tlement made for every six hundred and forty acres, which may be years,
granted to any person or persons, within seven years from the first day
of January, next after the date of the patent by which such lands shall
be granted, and on failure of such settlement the unsettled lands shall
revert to the people of this State, any thing in this act to the contrary
notwithstanding.
And be it further enacted by the authority aforesaid^ That where equit- olalmantB
able claims have heretofore been allowed of by the commissioners out patent
34U
LAWS OF NEW YORK,
[Chap. 67.
In sixty
days to be
barred.
Grant to
James
Beaoe.
Abraham
Wemple
Samuel
Klrkland.
Fees of
laiid(
office.
Fees of
Burreyop*
geoeraL
appointed by former acts and the clainant or claimants have not sued
out letters patent, the claim or claims of such claimant or claimants
shall be null and void, unless he she or they shall within sixty days
next after the passing of this act, or if such claim shall hereafter be
allowed in pursuance of any law of this State, within sixty days after
the allowance thereof pay the purchase money at the rate of one
shilling per acre into the treasury of this State, and shall within forty
days next after the expiration of the said sixty days, sue out letters
patent therefore and pay all the charges accrued on such claim or
claims.
And be it further efiacted by the authority aforesaid^ That it shall and
may be lawful for the said commissioners to direct letters patent to be
prepared and granted in manner aforesaid, to grant to James Deane,
his heirs and assigns in fee simple, the following tract of land, to wit,
beginning at a certain place where the west line of the patent of Cox-
borough crosses the stream or brook formed by the junction of the
streams or brooks Kaneghtarageara and Kanyonskotta, it being one of the
branches of the Oriskany creek or river, running thence north twenty
four degrees and thirty minutes west forty chains, thence south sixty
five degrees and thirty minutes west one hundred and sixty chains,
thence south, twenty four degrees and thirty minutes east one hundred
and sixty chains, thence north forty five degrees and thirty minutes
east one hundred and sixty chains, thence on a direct line to the place
of beginning. And to Abraham Wemple his heirs and assigns in fee
simple six hundred and forty acres in a square, next adjoining to, and
on the south side of the tract to be granted to James Deane, aforesaid.
To Samuel Kirkland the quantity of six hundred and forty acres in
a square, to be bounded on the tract to be granted to the said James
Deane, and on the tract to be granted to the said Abraham Wemple,
one moiety whereof in fee simple to the said Samuel Kirkland and the
other moiety to the said Samuel Kirkland in trust for any minister of
the gospel, who may hereafter for the time then being be employed by
the Oneida Indians to preach the gospel among them.
And be it further enacted by the authority aforesaid^ That the commis-
sioners and the secretary, shall respectively be entitled to the following
fees, for the services performed or to be performed'by them respect-
ively by virtue of the acts, or any of them herein after in part rQpealed>
or to be performed by virtue of this act, and to be paid by the person
or persons in whose favor any letters patent shall issue that is to say, to
the governor for his attendance on signing and affixing the great seal to
letters patent, the sum of three pounds four shillings for a whole town-
ship, the sum of two pounds eight shillings for three quarters of a town-
ship, the sum of one pound twelve shillings for half or one quarter of a
township, and the sum of sixteen shillings for any less quantity. And
the others of the said commissioners jointly, exclusive of the secretary,
shall be entitled to take and receive a sum equal to one half of the
. fees allowed to be taken by the governor by virtue of this act on the
issuing of each patent, to be divided between them in such proportion
as to a majority of them shall seem proper. To the secretary for pre-
paring the letters patent recording and keeping the minutes of the said
commissioners the like fees as allowed to the governor by virtue of this
act.
And be it further enacted by the authority aforesaid^ That it shall
and may be lawful to and for the said surveyor general to receive and
take the fees herein after mentioned, for all services performed in the
office of surveyor general, previous to the first day of May one thou-
Chap. 67.] NINTH SESSION. 341
sand seven hundred and eighty five for the benefit of the said surveyor
general and his predecessor in office, to wit, for filing every certificate,
transfer, indorsement or location at and after the rate of one shilling
for each and every of them so filed; for his warrant of survey, for
entering a copy thereof, for entering the return of survey, for his cer-
tificate to the said commissioners, for copy of any certificate, transfer,
indorsement or location, for copy of any caveat, and for every other
writing which may be required of him at and after the rate of two shil-
lings for every one hundred and twenty eight words.
And whereas it is deemed expedient, that the said surveyor general
should have a fixed salary in lieu of all other fees which may arise in
his office for services performed subsequent to the said first of May
1785 or hereafter to be performed. Therefore
Be it enacted by the authority aforesaid^ That the salary of the sur- Annual
veyor general for the time being shall be at and after the rate of four JJ^^J^
hundred pounds per annum, to commence from the first day of May general,
one thousand seven hundred and eighty five, for and during the term
of three years, and that the said surveyor general shall receive the like
fees as mentioned in the next preceding clause of this act, for all and
every paper by him to be filed, or copies to be given out of his office,
and shall account for the monies arising from the fees directed to be by
him received in pursuance of this act, or which he may have heretofore
received, or may hereafter receive for services by him performed after
the first day of May last aforesaid, once in every year to the auditor of
this State and shall pay the same to the treasurer of this State.
And be it further enacted by the authority aforesaid^ That all letters Letters
patent hereafter to be granted, shall be in such words and forms as the ?ora?of.
said commissioners shall direct, and shall contain an exception and res-
ervation to the people of this State of all gold and silver mines and shall
vest the lands in fee simple.
And be it further enacted by the authority aforesaid^ That the follow- Allow-
ing allowances, shall by the surveyor general be made, to persons J^^m
employed by him to carry into effect the duties enjoined him by this employed
act, to wit, for a deputy surveyor a sum not exceeding twenty shillings veyor-gen-
per day, and two shillings for a horse to/ carry the baggage of himself ®™^
and the persons employed with him. That each deputy so employed
shall be allowed two chain bearers, two markers one flag carrier and a
man to attend the baggage horse, to each of which there shall be allowed
a sum not exceeding six shillings per day, and that the said deputies,
chain bearers, flag carriers, markers and attendant shall furnish them-
selves with provisions and the necessary implements at their own
expence.
And be it further enacted by the authority aforesaid^ That gold and Moneys
silver and every species of bills of credit or public securities now receiv- fn pllyment
able or which shall hereafter be made receivable in payment for forfeited '"Elands,
estates, shall and may be received in all payments to be made in pursu-
ance of this act, at the rates they are respectively receivable for forfeited
estates.
And be it further enacted by the authority aforesaid^ That it shall and S?9^®*^
may be lawful to and for George Klock and Jacob G. Klock now or late may icSjate
of the county of Montgomery, Hendrick Remsen now or late of the city jJoJ^om-
of New York, and John Van Sice now or late of the county of Albany eryoounty.
or their respective legal representatives, jointly to locate the quantity of
forty eight thousand acres of land, out of any of the ungranted, unap-
propriated, or unlocated lands in the county of Montgomery, part and
parcel of the lands, alledged to have been conveyed unto them by a cer-
342 LAWS OF NEW YORK. [Chap. 67
tain deed bearing date the twenty-eighth day of May one thousand seven
hundred and sixty six, and now remaining of record in the office of the
secretary of this State. Provided always that such location shall be in
one entire piece or parcel, if so much can be so located, and if not, then
to locate th^ greatest possible quantity of such land in one piece and the
residue in one or more pieces, each to contain not less than eight thous-
and acres. And provided also that such location or locations be made
within sixty days next after the day of the passing of this act And
that the said George Klock, Jacob G. Klock, Hendrick Remsen and
John Van Sice, or their legal representatives, shall cause the lands so
by them to be located, to be surveyed in manner directed by this act
and being so surveyed, shall produce the surveyor generals certificate,
to be granted in manner herein before directed, with a receipt indorsed
thereon by the treasurer of this State, specifying that the sum of one
shilling per acre for every acre mentioned in such certificate has been
paid, then the said commissioners shall cause letters patent to be pre-
pared for granting the said lands and having approved thereof, the gov-
ernor shall affix the great seal of this State thereto.
And whereas Baron Frederick William Steuben, late a major general
in the army of the United States, has rendered very essential service to
this State as one of the United States, by introducing a regular discipline
in the army, and a spirit of oeconomy in the interior administration of
the regiments, and this legislature being willing to afford a public testi-
mony of the just sense they entertain of his services. Therefore
Grant to Be it enacted by the authority aforesaid^ That the said commissioners
ateubeD. shall, and they are hereby authorized, to direct letters patent to be pre-
pared for granting to the said Baron Frederick William Steuben in fee
simple, one quarter of a township equal to sixteen thousand acres of
land, part of any township which he may chuse, out of the townships to
be laid out in any of the tracts of land, directed to be laid out in pursu-
ance of this act except in the bounds of the said lands purchased of the
Oneida Indians, without fee or reward, or paying any consideration for
the lands so to be granted to him, and having approved of such letters
patent, his excellency the governor shall affix the great seal of this State
thereto.
And whereas by the sixteenth section of the act entitled " An act for
granting certain lands promised to be given as bounty lands by laws of
this State " and for other purposes therein mentioned, the surveyor gen-
eral was directed to make a subdivision of the lands set apart for the
Canadian and Nova Scotia refugees into lots of two hundred and fifty
acres each. And whereas the laying out of such lots to the Canadian
and Nova Scotia refugees as aforesaid, may not in all cases tend to pro-
mote a speedy settlement of the said lands for remedy whereof
Lands laid Be it further enacted by the authority aforesaid^ That whenever it shall
Canadian appear to the commissioners of the land office, that a deviation there-
and Nova from will be beneficial to this State by promoting a more speedy and
SSn^es, eflfectud settlement of the said lands, it shall and may be lawful for the
submyi»- said commissioners to direct a subdivision of such lots in manner and
form as to them shall seem proper at the expence of those interested in
such subdivisions. Provided always that nothing in this act contained,
shall be construed to affect or in any wise annul the proceedings here-
tofore had by the commissioners in favour of the Canadian or Nova
Scotia refugees so far as respects the quantity of lands already set apart
for them.
Patrated And be it further enacted by the authority aforesaid^ That all lands
Srampt that have been granted by letters patent under the great seal of this
Chap. 67.] NINTH SESSION. 343
State, or that shail be so granted by virtue of this act, shall be and Jrj"*^*^""*
hereby are exempted until the expiration of seven years from the issuing seven^^
of such grants, from all taxes hereafter to be imposed upon the inhabit- y®*"-
ants of this State, except county and district taxes.
And be it further enacted by the authority aforesaid^ That the first Certain
second and third clauses, and the proviso annexed to the said third clause, JartB^f
in the act entitled " An act to prevent grants or locations of the lands acts re-
therein mentioned passed the 25th of July, 1782 " and the eighth ninth ^
and twelfth clauses of the act entitled **An act for granting certain lands
promised to be given as bounty lands by laws of this State and for other
purposes therein mentioned passed the nth of May, 1784," the act enti-
tled "An act to encourage the settlement of the waste and unappropri-
ated lands within this State ** passed the loth of May 1784,'* and the act
entitled "An act to facilitate the settlement of the waste and unappro-
priated lands within this State and for repealing the act therein men-
tioned " passed the iith day of April 1785," shall be and hereby are
repealed.
LAWS
STATE OF NEW-YORK,
PASSED BY THE
LEGISLATURE AT THEIR TENTH SESSION.
CHAP. 1.
AN ACT concerning the rights of the citizens of this State.
Passed the 26th of January, 1787.
Be it enacted by the People of the State of New York represented in
Senate and Assembly and it is hereby enacted and declared by the authority
of the same.
All author- First^ That no authority shall, on any pretence whatsoever be exer-
ity <^®^^^ cised over the citizens of this State but such as is or shall be derived
from and granted by the people of this State.
Right of Second^ That no citizen of this State shall betaken or imprisoned or
PJop«^ be disseised of his or her freehold or liberties of free customs or out-
Sonai lib- lawed or exiled or condemned or otherwise destroyed, but by lawful
^^^* judgment of his or her peers or by due process of law.
Third That no citizen of this State shall be taken or imprisoned for
any offence upon petition or suggestion unless it be by indictment or
presentment of good and lawful men of the same neighbourhood where
such deeds be done, in due manner or by due process of law.
Id. Fourth That no person shall be put to answer without presentment
before justices, or matter of record, or due process of law according to
the law of the land and if any thing be done to the contrary it shall be
void in law and hold en for error.
Id. Fifth That no person, of what estate or condition soever shall be
taken or imprisoned, or disinherited or put to death without being
brought to answer by due process of law, and that no person shall be
put out of his or her franchise or freehold or lose his or her life or limb,
or goods and chattels, unless he or she be duly brought to answer and be
forejudged of the same by due course of law and if any thing be done
contrary to the same it shall be void in law and holden for none.
Chap, i.] TENTH SESSION. 345
Sixth That neither justice, nor right shall be sold to any person, nor Justice to
denied nor deferred; and that writs and process shall be granted freely **® ''**•
and without delay to all persons requiring the same and nothing from
henceforth shall be paid or taken for any writ or process but the accus-
tomed fee for writing and for the seal of the same writ or process and
all fines duties and impositions whatsoever heretofore taken or demanded
under what name or description soever, for or upon granting any writs,
inquests, commissions or process to suitors in their causes shall be and
hereby are abolished.
Seventh That no citizens of this State shall be fined or amerced with- Fines to be
out reasonable cause and such fine or amerciament shall always be fionSTto
according to the quantity of his or her trespass or offence and saving to **'®^'
him or her, his or her con tenement; That is to say every freeholder ments.
saving his freehold, a merchant saving his merchandize and a mechanick
saving the implements of his trade.
£ighth That excessive bail ought not to be required, nor excestive Bxcessive
fines imposed, nor cruel and unusual punishments inflicted. hrbiSd.*
J^inth That all elections shall be free and that no person by force of Elections
arms nor by malice or menacing or otherwise presume to disturb or ^ *^ '"**•
hinder any citizen of this State to make free election upon pain of fine
and imprisonment and treble damages to the party grieved.
Tenth That it is the right of the citizens of this State to petition the Right of
person administering the government of this State for the time being, P®^***^*^*
or either house of the legislature and all commitments and prosecutions
for such petitioning are illegal.
Eleventh That the freedom of speech and debates and proceedings in Freedom "^
the senate and assembly shall not be impeached or questioned in any pn fj^sii^
court or place out of the senate or assembly. ture.
Twelfth That no tax duty aid or imposition whatsoever shall be taken Tj^«« ^
or levied within this State without the grant and assent of the people of ©n/y by
this State by their representatives in senate and assembly and that no J" j^Sg?^
citizen of this State shall be by any means compelled to contribute' to lature. '
any gift loan tax or other like charge not set laid or imposed by the
legislature of this State: And further, that no citizen of this State shall
be constrained to arm himself or to go out of this State or to find soldiers
or men of arms either horsemen or footmen, if it be not by assent and
grant of the people of this State by their representatives in senate and
assembly.
Thirteenth That by the laws and customs of this State the citizens Billetlnff
and inhabitants thereof cannot be compelled against their wills to pJohiwtedL
receive soldiers into their houses and to sojourn them there and there-
fore no officer military or civil nor any other person whatsoever shall
from henceforth presume to place, quarter or billet any soldier or
soldiers upon any citizen or inhabitant of this State of any degree or
profession whatever without his or her consent and that it shall and
may be lawful for every such citizen and inhabitant to refuse to sojourn
or quarter any soldier or soldiers notwithstanding any command order
warrant or billetting whatever. •
Vol. 2. — 44
346 LAWS OF NEW YORK, t [Chap.
CHAP. 2.
AN ACT for taking away and abolishing all right and claim of
purveyance within this State.
Passed the 26th of January^ 1787.
PurT«f- Be it enacted by the People of the State of New York represented in
chfef mag- Senate and Assembly and it is hereby enacted by the authority of tht same
ISSerepro- '^^^^ ^^ ^""^ ^^ ^yxm^ of money or other thing shall be taken raised,
hibited. taxed, rated, imposed, paid or levied for or in regard of any provision
carriages or purveyance for the chief magistrate or officer or any other
officer or officers for the time being of this State or of the United
States or for any person or persons whomsoever and that no person or
persons by any warrant commission or authority under the great seal or
otherwise by colour of buying or making provision or purveyance for
the chief magistrate or officer or any other officer or officers for the
time being of this State or of the United States or for his their or any
of their household or fox any person or persons whomsoever shall take
any timber fuel cattle corn grain malt hay straw victuals cart carriage
or other thing whatsoever of any of the citizens of this State without
the free and full consent of the owner or or owners thereof had and
obtained without menace or inforcement nor shall summon warn take
use or require any of the said citizens to furnish or find any horses oxen
or other cattle carts waggons wains or other carriages for the use of the
chief magistrate or officer or of any other officer or officers for the
time being of this State or of the United States or of any other person
or persons whomsoever for the carrying of his or their or any of their
goods without such full and free consent as aforesaid : And further
that no pre-emption shall be allowed or claimed in the behalf of the
chief magistrate or officer or of any other officer or officers for the time
being of this State or of the United States or of any other person or
persons whomsoever in market or out of market but that it shall be
forever hereafter free to all and every of the citizens of this State to
sell dispose or employ his and her goods to any other person or persons
at his or her pleasure any pretence of making provision or purveyance
of victuals carriages or other things for the chief magistrate or officer
or other officer or officers for the time being of this State or of the
United States or for any other person or persons whomsoever or any
pretence of pre-emption in his their or any or either of their behalfs
notwithstanding and if any person or persons shall at any time hereafter
make provision or purveyance for the chief magistrate or officer or any
other officer or officers for the time being of this State or of the United
States or for any other person or persons whomsoever, or impress or
take any such carriages or other things aforesaid on any pretence or
colour of any warrant aforesaid under the great seal or otherwise con-
trary to the intent of this act, it •shall be lawful for the justices of the
peace or any one or more of them, dwelling near and the constables of
such town or place, where such occasion shall happen, at the request of
the party grieved and they are hereby enjoined to commit or cause to
be committed, the party or parties so doing and ofifending, to gaol, 'till
the next general sessions, there to be indicted and proceeded against
for the same ; and that the officers and inhabitants of the said town or
place, where such oflfence shall happen, shall be assistant therein ; and
moreover the party grieved shall have his or her action or actions against
'Chap, 4.] TENTH SESSION. 347
such offender or offenders and therein recover his or her treble damages
and treble costs : In which action no aid-prayer, privilege, protection,
imparlance, injunction, or order of restraint shall be granted or allowed;
and if any person or persons shall (after notice given that the action
depending is grounded upon this statute) cause or procure any action
at the common law grounded on this statute to be delayed or stayed
before judgment by colour or means of any order, injunction, power,
warra:nt or authority, save only of the court where such action shall be
brought and depending, or after judgment had upon such action, shall
cause or procure execution of such judgment to be stayed or delayed,
by colour or means of any order injunction, warrant power or authority,
save only by writ of error or attaint, or order of such court where such
writ of error or attaint shall be depending, that then the person so
offending shall forfeit to the people of this State all his or her goods and
chattels and the issues and profits of his or her lands and tenements
during life.
CHAP. 3.
AN ACT for the recovery of damages in writs of assize and real
actions.
Passed the 26th of January, 1787.
Be it enacted by the People of the State of New York represented in Reoovery
Senate and Assembly and it is hereby enacted by the authority of tJie same, \ny^^
That in all assizes if judgment be given for the plaintiff he or she shall *"^^1^
recover his or her damages; and in all assizes of novel disseisin and aoUoD&i
writs of entry the demandants if they recover the tenements demanded,
shall also recover their damages against the disseisors : And if the dis-
seisors alien the land and have not whereof the damages may be levied,
they, to whose hands such tenements shall come, shall be charged with
the damages, so that every one shall answer for his or her time ; and
further that in all writs and actions possessory, whereby lands or tene-
ments are demanded, damages shall be recovered as aforesaid.
CHAP. 4.
AN ACT concerning dower.
Passed the 26th of January, 1787.
Be it enacted by the People of the State of New York represented in widow's
Senate and Assembly and it is hereby enacted by the authority of the same^ Jowerf
That a widow after the death of her husband shall give nothing for her
dower or her inheritance which her husband and she held at the day of
the death of her husband and she shall tarry in the chief house of her
husband forty days after the death of her husband or until her dower be
assigned to her and she shall have in the mean time her reasonable sus-
tenance out of the estate of her husband and for her dower shall be
assigned unto her the third part of all the lands of her husband which
were his at any time during the coverture.
348
LAWS OF NEW YORK.
[Chap. 4.
Deforce*
ment of
dower,
damages
for.
When writ
of dower
to abate.
Dower In
lands sold
on Judg-
ment or
recovered
from hus-
band In his
life-time.
Heir may
recover
where
dower
awarded
by favor.
Writs of
admeas-
urement of
And he it further enacted by the authority aforesaid^ That in case
widows after the death of their husbands be deforced of their dowers
and cannot have their dowers or quarantine without suit, whosoever
deforce them of their dowers or quarantine of the lands whereof their
husbands died or shall die seized, and be convicted of such wrongful
deforcement shall yield damages to the same widows, that is to say the
value of the whole dower to them belonging from the time of the death
of their husbands unto the day that the said widows shall recover seisin
of their dowers by judgment of the court and the deforceors shall never-
theless be amerced.
And be it further enacted by the authority aforesaid That in a writ of
dower unde nihil habet the writ shall not abate by the exception of the
tenant because she hath received her dower of another person before her
writ purchased unless he can shew that she hath received part of her
dower of himself and in the same town before the writ purchased.
And be it further enacted by the authority aforesaid That in case where
the husband being impleaded for land giveth up the land demanded unto
his adversary by covin, after the death of the husband his wife shall
recover her dower of the same land if she demand it by writ and in case
where the husband loseth the land in demand fey default and his wife
after his death demandeth her dower she shall be heard, and if it be
alleged against her that her husband lost the land whereof dower is
demanded by judgment whereby she ought not to have dower and then
it be inquired by what judgment and it be found that it was by default
whereunto the tenant must answer then it behoveth the tenant to answer
further and shew that he had and hath right in the same land according
to the form of the writ that the tenant before purchased against the hus-
band and if he can shew that the husband of such wife had no right in
the lands nor any other but he that holdeth them, the tenant shall go
quit and the wife shall not recover her dower therein which thing if he
cannot shew the wife shall recover her dower.
And be it further enacted by the authority aforesaid That where a
woman not having a right to demand dower and the heir being within
age shall purchase a writ of dower against a guardian and the guardian
shall endow the woman by favour or make default or by collusion defend
the plea faintly whereby the woman is awarded her dower in prejudice
of the heir in all such cases the heir when he comes to full age shall have
an action to demand the seisin of his ancestor against such a woman like
as he should have against any other deforceor. But the woman shall
have her exception saved against the demandant to shew that she had
right to her dower which if she can shew she shall go quit and retain
her dower and the heir shall be amerced and if she cannot shew that she
had right to her dower the heir shall recover his demand and in like
manner a woman shall be aided if the heir or any other do implead her
for her dower or if she lose her dower by default in which case the
default shall not be so prejudicial to her but that she shall recover her
dower if she have right thereto, and she shall have a writ in this form:
** Command A that justly and without delay he render to B who was
the wife of F so much land with the appurtenances in C, which she
claims to be her reasonable dower," or * of her reasonable dower " and
of which the aforesaid A deforceth her and to this writ the tenant shall
have his exception to shew that she had no right to be endowed which
if he can verify he shall go quit if not the woman shall recover the land
whereof she was before endowed.
And be it further enacted by the authority aforesaid That a writ of
admeasurement of dower shall be from henceforth granted to a guardian.
Chap. 4.J TENTH SESSION. 349
and the heir when he cometh to full age shall not be barred by the suit dower;
of such a guardian that sueth against the tenant in dower feignedly and b2rr5f*on
by collusion but that he may admeasure the dower after as it ought to arriving at
be admeasured by law and in the writ of admeasurement of dower as '"^' **®*
well as in the writ of admeasurement of pasture when it is come to the
great distress, day shall be given within which two counties may be
holden at which open proclamation shall be made that the defendant
shall come at the day contained in the writ to answer to the plaintiff at
which day if he come the plea shall pass between them and if he do not
come and the proclamation be testified and returned by the sheriff in
manner aforesaid upon his default admeasurement shall be made, and
further that hereafter no sheriff shall hold pleas of admeasurement of Admeaiu
dower or of pasture but all such writs shall be made returnable before Sower to**'
the justices of the supreme court or in the courts of common pleas in be by
the respective counties. court™*
And be it further enacted by the authority aforesaid That if a wife Womao
willingly leave her husband and go away and continue with her adulterer SuSe^
and be thereof convicted she shall be barred forever of action to demand barred of
her^dower that she might have had of her husbands lands, unless her ^^^'
husband willingly, be reconciled to her and permit her to dwell with
him in which case she shall be restored to her action of dower.
And be it further enacted by the authority aforesaid That where any man Joint ten-
hath purchased or hath an estate made and conveyed of and in any SSSf^d
lands tenements or hereditaments unto him and to his wife and to the and wife,
heirs of the husband or wife or to the husband and to his wife and to the
heirs of their two bodies begotten or to the heirs of one of their bodies
begotten or to the husband and to his wife for the term of their lives or
for the term of the life of the said wife or where any such estate or pur-
chase of any lands tenements or hereditaments hath been or hereafter
shall be made to any husband and to his wife in manner and form above
expressed or to any other person or persons and to their heirs and
assigns to the use and behoof of the said husband and wife or to the use
of the wife as is before rehearsed for the jointure of the wife that then
and in every such case every married woman having such jointure made
or hereafter to be made shall not claim or have title to have any dower
of the residue of the lands tenements or hereditaments that at any time
were her said husbands by whom she hath any such jointure nor shall
demand nor claim her dower of or against them that have the lands and
inheritances of her said husband; but if any such woman be lawfully
expulsed or evicted from her said jointure or from any part thereof
without any fraud or covin by lawful entry or action or by discontinu-
ance of her husband then every such woman shall be endowed of as
much of the residue of her husband's lands tenements or hereditaments
whereof she was before dowable as the same lands and tenements from
which she shall be so evicted and expulsed shall amount or extend unto.
And be it further enacted by the authority aforesaid That if any wife ''^e'*
have or hereafter shall have any lands tenements or hereditaments given iS^ofnSiiS
or assured unto her after marriage for the term of her life or otherwise Jl^nSe™*^
in jointure and the said wife after that shall survive her same husband jointure
in whose time the said jointure was made or assured unto her that then ^«id^
the same wife so surviving shall or may at her liberty after the death of dower,
her said husband refuse to have and take the lands tenements and hered-
itaments so to her given appointed or assured during the coverture for
term of her life or otherwise in jointure and thereupon shall or may have
ask, demand and take her dower by writ of dower or otherwise accord-
ing to the common law, of and in all such lands tenements and heredita-
350
LAWS OF NEW YORK.
[Chap. 6.
widow of
attainted
person en-
titled to
dower.
Uayished
woman
and rav-
isher dis-
abled.
ments as her husband was and stood seised of any estate or inheritance
at any time during the coverture.
And be it further enacted by the authority aforesaid That the wife of
every person who shall hereafter be attainted convicted or outlawed of
any treason petty treason misprision of treason murder or felony what-
soever shall be endowable and enabled if she survive her husband to
demand have and enjoy her dower in like manner and form as if her
husband had not been attainted, convicted or outlawed.
And be it further enacted by the authority aforesaid That wheresoever
and whensoever any woman shall be ravished and after such rape do
consent to the ravisher as well the ravisher as she that is ravished and
every of them shall from thenceforth be disabled and by the same deed
be unable to have or challange any inheritance, dower, jointure, joint
feoffment or joint purchase after the death of their husbands and ances-
tors and that in this case the next of blood of the ravisher or of her who
is ravished to whom such inheritance dower jointure, joint feoffment or
joint purchase ought to revert remain or fall after the death of the rav-
isher or of her that is ravished shall have title immediately that is to say
after the rape to enter upon the ravisher or her that is ravished and their
assigns and tenants in the same inheritance, dower jointure joint feoff-
ment or joint purchase, and to hold the same in state of inheritance.
CHAP. 5.
Essoin not
to l>e al-
lowed.
Wager of
law abol-
ished.
AN ACT for preventing delays by essoins and protections and
for abolishing trials of issues by wager of law.
Passed the 30th of January, 1787.
Be it enacted by the People of the State of New York represented in
Senate and Assembly and it is hereby enacted by the authority of the samCy
That no essoin or protection shall hereafter be allowed in any suit what-
soever.
And be it further enacted by the authority aforesaid That trials by wager
of law shall be and hereby are abolished in all cases except in the case
of non summons and that no person shall hereafter be permitted to wage
his or her law in any case except that of non summons in real actions.
CHAP. 6.
LtabUitT
for waste;
guardian.
AN ACT for preventing waste.
Passed the 30th of January. 1787.
Be it enacted by the People of the State of New York represented in
Senate and Assembly and it is hereby enacted by the authority of the same^
That no guardian shall make or suffer any waste, sale or destruction of
the inheritance of his ward or of those things that he hath or may have
in his custody, but shall safely keep the same inheritance to the use of
the said heir and keep up and sustain the houses gardens and other
things pertaining to the same lands by and with the issues and profits
thereof and shall deliver the same to his ward when he cometh to his
full age in as good order and condition at least as such guardian received
Chap. 6.] TENTH SESSION. 351
the same and shall answer to such heir for the residue of the issues and
profits of the same inheritance by a lawful account, saving to the same
guardians their reasonable charges and expences. And if any guardian
shall make or suffer any waste sale or destruction of the inheritance of
his ward he shall lose the same custody and shall recompence the ward
thrice so much as the damages shall be taxed at by the jury.
And be it further enacted by the authority aforesaid That no tenant id.; tenant
for life or years or for any other term shall during the term make or
suffer any waste sale or destruction of houses gardens orchards lands or
woods or any thing belonging to the tenements demised without special
licence in writing making mention that he may do it.
And be it further enacted by the authority aforesaid That from hence- Writs of
forth any person may have a writ of waste out of the chancery against J^JSost
him or her who holdeth by curtesy or otherwise for term of life or for tenants by
term of years or other term or a woman in dower as well as against Sr dower,
guardians. And whoever shall be convicted of waste shall lose the
thing or place wasted and shall recompence thrice so much as the dam-
ages shall be taxed at by the jury.
And be it further enacted by t/ie authority aforesaid That in all actions inquest
of waste if the defendant come not at the return of the original writ he j*J,^JS*'*®
shall be attached and if he come not at the return of the attachment he ascertain
shall be distrained and if he come not after the distress or if he come *°"*^-
and afterwards make default, the sheriff shall be commanded that in his
proper person he lake with him twelve good and lawful men of his
county and go to the place wasted and enquire of the waste done and
return an inquest and after the inquest returned the plaintiff shall have
judgment to recover the place wasted and treble the damages found by
the inquest.
And be it further enacted by the authority afoNsaid That where two Waste by
or more do or shall hold any lands tenements woods fishing or other int! ten""
such things in common as parceners, tenants in common or joint tenants, ant incom-
wherein none knoweth his or her several part and some or one of them coparcener
do waste against the mind of the other, an action shall lie by a writ of
waste and when it shall come unto judgment the defendant shall chuse
either to take his or her part in a place certain by the sheriff with a jury
to be assigned or else he or she shall grant to take nothing from thence-
forth in the same lands tenements woods fishings or other such thing
but as his or her partners will take and if he or she chuse to take his or
her part in a place certain the same shall be assigned him or her in the
part wasted as it was before he or she committed the waste. But if the
defendant shall not chuse to take his or her part in a place certain or if
the waste exceed his or her proportion the plaintiff shall recover against
such defendant such damages as shall be found by the jury or inquest.
And be it further enacted by the authority aforesaid That every heir Heir may
in whose ward soever he or she be and whether he or she be in ward or Jf^tlT'' ^'
not and ,as well within age as of full age shall have his or her recovery made be-
by a writ of waste for waste and destruction made in lands and tene- after d'eath
ments of his or her inheritance as well in the time of his or her ancestor ^' ancestor
or ancestors as at any other time after the inheritance descended or
come to him or her and shall be answered unto therefore and he or she
shall recover the tenements wasted and treble damages as aforesaid.
And be it further enacted by the authority aforesaid That where any where ten-
tenant for term of life or for anothers life or for term of years or any S^yJ^J,"'®
other term hath or shall let or grant his or her estate in the lands and «rrants his
tenements demised to or held by him' or her to any person or persons uabuity
and shall still continue to occupy the same lands and tenements or take for waste.
352 LAWS OF NEW YORK. [Chap. 8.
the profits thereof and shall commit or suffer waste and destruction in
the same lands and tenements to the disinheritance of him her or them
in the reversion, he she or they to whom the reversion doth or shall
appertain may in such case have and maintain a writ of waste against
the said tenant for term of life or of anothers life or for term of years
or other term and recover against him or her the place wasted and his
her or their treble damages for the waste done, if the said tenant was
punishable of or for waste before he or she leased or granted over his-
or her estate as aforesaid but not otherwise.
CHAP. 7.
AN ACT to alter the place of holding elections in Caughnawaga
district in the county of Montgomery.
Passed the 30th of January, 1787.
Elections Whereas the place assigned by law for holding the annual town
nawa2a*to ^^^^i^^gs and elections in Caughnawaga district is mconvenient for the
be held at people of the said district; for remedy whereof
Johnstown ^^ ^y enacted by the People of the State of New York represented in
Senate and Assembly and it is hereby enacted by the authority of the same
That the annual town meetings and elections in the said district, shall
in future be held at the court house in Johns Town, in the district afore-
said, instead of the place heretofore assigned by law for that purpose*
CHAP. 8.
AN ACT concerning justices of the peace.
Passed the 30th of January, 1787.
Justices of Be it enacted by the People of the State of New York represented ift
to be wm- ^^^^^^ ^''^ Assembly and it is hereby enacted by the authority of the same^
missioned That in every county of this State good and lawful men of the best repu-
Sreiu seal; tation and who be no maintainers of evil or barretors shall be assigned
jurlsdic- by commission under the great seal from time to time according to the
apprehen- constitution of this State justices to keep the peace in the same counties
punish-*^ respectively who shall jointly and severally have power to keep and
ment of cause to be kept all laws and ordinances made or to be made for the
^tm^^A^^ good of the peace and for the conservation of the same and for the
quiet rule and government of the citizens and inhabitants of this State
in all and every the articles thereof in the same counties respectively as
well within liberties as without according to the force form and effect
of the same laws and ordinances and to chastise and punish all persons
offending against the form of those laws and ordinances or any of them
in the said respective counties in such manner as according to the form
of those laws and ordinances shall be fit to be done and to cause to
come before them or any or either of them all those persons who shall
break the peace or have used or shall use threats to any one or more of
the citizens or inhabitants of this State concerning their bodies or the
firing of their houses or bams to find sufficient security for the peace or
their good behavior towards the people and inhabitants of this State
olTenders.
Chap. 8.] TENTH SESSION. 353
and if they shall refuse to find such security, then them in prison until
they shall find such security to cause to be safely kept: And to cause
to come before them or any or either of them all those who be not of
good fame where they shall be found to find sufficient security for their
good behaviour towards the people and inhabitants of this State and if
they refuse to find such security then them in prison until they shall
find such security to cause to be safely kept. And further that the LaroeoieB,
same justices or any three or more of them shall have power in the ^**®'*^®^«
same respective counties to enquire by the oath of good and lawful men
of the same counties respectively by whom the truth may be the better
known of all and all manner of larcenies, thefts, trespasses, forestallings,
regratings, engrossings and extortions whatsoever and of all and singu-
lar other crimes and offences of which justices of the peace may or ought
lawfully to inquire by whomsoever and after what manner soever in the
said respective counties done or perpetrated or which shall happen to
be there done or attempted. And also of all those who in the said Armed
respective counties have gone or rode or hereafter shall presume to go S^StaSJ"*
or ride in companies with armed force against the peace to the disturb- etc.
ance of the citizens and inhabitants of this State. And also of all those
who have there lain in wait or hereafter shall presume to lie in wait to
maim or cut or kill any citizen or inhabitant of this State. And also of
all victuallers and innholders and all and singular other persons who False
have offended or attempted to offend or hereafter shall presume or andfmoi*-
attempt to offend in the same respective counties in the abuse of weights '
or measures or in the sale of victuals against the form of the laws and
ordinances of this State or any of them made for the common good of
this State and the citizens and inhabitants thereof. And also of all
sheriffs, bailiffs, constables, gaolers and other officers whatsoever who in sheriffs
the execution of their offices about the premises or any of them have S^jJ^"'
unduly demeaned themselves or hereafter shall presume to behave them- neglect
selves unduly, or have been or hereafter shall happen to be careless, ^' ®*°*
remiss or negligent in the same respective counties and of all and singu-
lar articles and circumstances and all other things whatsoever that con-
cern the premises or any of them by whomsoever and after what manner .
soever in the said respective counties done or perpetrated or which
shall hereafter there happen to be done or attempted in what manner
soever and to inspect all indictments whatsoever so before them or any
of them taken or to be taken or before others late justices of the peace
in the same respective counties made or taken and not determined and
to make and co'htinue processes thereupon against shall and singular the
persons so indicted or who before them shall happen to be indicted
until they be taken, surrender themselves or be oulawed and to hear
and determine all and singular the larcenies, thefts, trespasses, forestal-
lings, regratings, engrossings, extortions, unlawful assemblies, indict-
ments aforesaid, and all and singular other the premises according to
the laws ordinances and statutes of this State as in the like case it has
been accustomed or ought to be done. And the same offenders and
every of them for their offences by fines, ransoms, amerciaments, for-
feitures and other means according to the law and custom of this State
and the form of the ordinances and statutes aforesaid it has been accus-
tomed or ought to be done to chastise and punish.
And be it further enacted by the authority aforesaid That the respective Jyjjjjf* ^
sheriffs of each and every of the respective counties of this State at sheriff to
certain days and places which the justices of the peace of the same JJJroS^S
counties respectively or any three or more of them shall make known "it at^
to them shadl cause to come before the same justices of the peace of mwIods.
Vol, X —45
354 LAWS OF NEW YORK. [Chap. 8.
the same counties respectively so many such good and lawful men of
their bailiwick or counties respectively as well within liberties as without
by whom the truth of the matter in the premises shall be the better
known and enquired into.
JustioM to And be it further enacted by the authority aforesaid Tha the said jus-
of ^neriir ^^^^^ ^^ ^^ peace or any three or more of them shall hold and keep
sessions, their general sessions in their respective counties at such times and
places as they are or shall be authorised and required to do by the laws
and ordinances of this State and oftener if need be. Ana further that
Suits not no suit, indictment, plea, process or proceeding before justices of the
u^*by '° peace in any county shall be discontinued by any new commission of
issuance of the peace to be made, but the same suits indictments pleas process and
no^v com*
mission of proceedmgs shall stand m their full force ; and the justices in such new
the peace, commissions so assigned after that they shall have the records of the
same pleas and process before them shall have power and authority to
continue the same pleas and process and the same pleas and process
and all that shall depend upon them to hear and finally determine as
the other justices might and ought to have done of and in the same, if
no new commission had been made.
Fines to be And be it further enacted by the authority aforesaid That all fines to
Srtioif to" ^^ set and imposed by justices of the peace or any or either of them
grayity of for a trespass or any other offence done or committed or to be done or
committed by any person shall be reasonable and just having regard to
the trespass or offence and the causes for which they be set and im-
posed.
Recogni- And be it further enacted by the authority aforesaid That every justice
sentto^ *** ^^ ^^ peace who hath taken or shall take any recognizance for the
general keeping of the peace or good behavior shall certify send or bring the
***"*°°*' same recognizance to the next general sessions of the peace where he
is or hath been justice that the party so bound may be called and if the
party so bound make default the same default shall be then there re-
corded and the same recognizance with the record of the default shall
be sent and certified into the exchequer.
In' case of And be it further enacted by the authority aforesaid That all and every
infMaous justice and justices of the peace and every mayor recorder and alder-
crime, tes- man having the authority of and acting as a justice of the peace before
betaken** whom any person shall be brought for any treason, misprison of treason,
fled to the ^^rd^"** manslaughter or felony or for suspicion therefor before he or
court hav- they shall commit or send such prisoner to ward, shall take the exami-
Sctlon to nation of such prisoner and information of those that bring him or her
trr- of the fact and circumstance thereof and the same or as much thereof
as shall be material to prove the offence shall be put in writing within
two days after the said examination and shall certify the same in writing
subscribed or signed by him or them with his or their own hands at the
next court in which such prisoner is or ought to be tried for the same
Justices to offence. And further the said justices, mayors recorders and aldermen
neases to ^^^^ every of them are hereby authorised and required to bind all such
appear. by recognizance as do declare any thing material to prove the said trea-
son, misprison of treason murder, manslaughter or felony against such
prisoner, to appear in the supreme court the term following or at the
next sessions of oyer and terminer or general gaol delivery of or for the
county, city or place where the offence was committed or in such other
court where the said offence is properly cognizable then and there to
give evidence against the party and shall certify the said recognizance
and recognizances taken before them together with the said examina*
tions into the said court where such witnesses are bound to appear on
Chap. 8.] TENTH SESSION. 355
the first day of the term or sessions of the same court and in case any
justice of the peace mayor recorder or alderfhen shall refuse or neglect
to take such examination as aforesaid or to certify the same as afore-
said or shall refuse or neglect to bind the witness to appear as aforesaid
or to certify the recognizances by him taken as aforesaid the judges
and justices of the court wherein such witness ought to be bound to
appear and to which such examinations and recognizances ought to be
certified upon due proof thereof by examination before them shall for
every such offence or neglect set such a fine upon every of the said jus-
tices, mayors, recorders and aldermen as the same judges and justices
of such court shall think meet and estreat the same as other fines and
amerciaments assessed before such judges and. justices ought to be
estreated And whereas in many cases where the justices of the peace
are by law empowered to give or make judgments or orders great ex-
pences have been occasioned by reason that such judgments or orders
have on appeals to the justices of the peace at their respective general
sessions been quashed or set aside upon exceptions or objections to the
form or forms of the proceedings without hearing or examining the
truth and merits of the matters in question for remedy whereof
Be it further enacted by the authority aforesaid That upon all appeals Hearing
to be made to the justices of the peace at their respective general ses- ticS^"**
sions to be holden for any county city or place in this State against general
judgments or orders given or made by any justices of the peace as J^JeaST.^
aforesaid such justices so assembled at any such sessions shall and they
are hereby required from time to time within their respective jurisdic-
tions upon all and every such appeals so made to them to cause any
defect or defects of form that shall be found in any such original judg-
ments or orders to be rectified and amended without any cost or charge
to the parties concerned and after such amendments made shall pro-
ceed to hear, examine and consider the truth and merits of all matters
concerning such original judgments or orders and likewise to examine
all witnesses upon oath and hear all other proofs relating thereto and to
make such determinations thereupon as by law they should or ought to
have done in case there had not been such defect or want of form in
the original proceeding.
And be it further enacted by the authority aforesaid That in case any Apprehen-
person against whom a warrant shall be issued by any justices or justice prisoner
of the peace of any county city or place in this State for any offence on warrant
there committed or done shall escape, go into, reside or be in any other aSother
county city or place out of the jurisdiction of the justices or justice ^'^^^'y*
granting such warrant as aforesaid it shall and may be lawful for any
justice or justices of the peace of the county, city or place where such
person shall escape, go into, reside or be and such justice or justices is
and are hereby required upon proof being made upon oath of the hand
writing of the justice or justices granting such warrant to endorse his
or their name or names on such warrant which shall be a sufficient
authority to the person or persons bringing such warrant and to all
other persons to whom such warrant was originally directed to execute
such warrant in such other county, city or place out of the jurisdiction
of the justice or justices granting such warrant as aforesaid and to
apprehend and to carry such offender or offenders before the justice
who indorsed such warrant or some other justice or justices of such
other county city or place where such warrant was indorsed and in case
the offence for which such offender shall be so apprehended as aforesaid
shall be bailable in law and such offender shall be willing and ready to
give bail for his or her appearance at the next general gaol delivery or
356 LAWS OF NEW YORK. [Chap. 8,
next general sessions of the peace to be held in and for the county city
or place where the offenA was committed such justice or justices of
such other county city or place before whom such offender or offenders
shall be brought shall and may take bail of such offender or offenders
for his her or their appearance at- the next general gaol delivery or at
the next general sessions of the peace to be held in and for the county
city or place where* such offence was committed in the same manner as
the justices of the peace of the proper county city or place and the
justice or justices of such other county city or place so taking bail as
aforesaid shall deliver the recognizance together with the examination
or confession of such offender or offenders and all other proceedings
relating thereto to the constable or other person or persons so appre-
hending such offender or offenders as aforesaid who are hereby required
to receive the same and to deliver over such recognizance examination
or other proceedings to the clerk of the court of general gaol delivery
or clerk of the peace of the county city or place where such offender or
offenders is or are required to appear by virtue of such recognizance; and
• such recognizance, examination or confession shall be as good and effect-
ual in law to all intents and purposes and of the same force and validity
as if the same had been entered into taken or acknowledged beforea jus-
tice or justices of the peace in and for the proper county city or place
where the offence was committed and the same proceedings shall be had
thereon; and in case such constable or other person to whom such
recognizance examination or confession or other proceedings shall be
so delivered as aforesaid shall refuse or neglect to deliver over the same
to the clerk of the court of general gaol delivery or clerk of the peace
of the county, city or place where such offender is required to appear by
virtue of such recognizance such constable or other person shall forfeit
the sum of ten pounds to be recovered against him by action of debt
bill plaint or information in any court of record by any person or per-
sons who will prosecute or sue for the same. And in case the offence
for which such offender or offenders shall be apprehended and taken in
any other county city or place shall not be bailable in law or such
offender or offenders shall not give bail for his or her appearance at the
next general gaol delivery or next general sessions of the peace to be
held in and for the county city or place where the offence was com-
mitted to the satisfaction of the justice before whom such offender or
offenders shall be brought, in such other county, city or place, then and
in that case the constable or other person or persons so apprehending
such offender or offenders shall carry and convey such offender or
offenders before one of the justices of the peace of the proper county
city or place where such offence was committed there to be dealt with
according to law. And further that no action of trespass, false impris-
onment information or indictment or other action shall be brought,
sued, commenced or prosecuted by any person or persons whatsoever
against the justice or justices who shall indorse such warrant for or by
reason of his or their indorsing such warrant; but such person or per-
sons shall be at liberty to bring or prosecute his her or their action or
suit against the justice or justices who originally granted such warrant,
in the same manner as such person or persons might have done in case
this clause of this act had not been made.
Indict- And be it further enacted by the authority aforesaid That the justices
to^SSi'*"* o^ *^^ peace shall send their indictments before the justices assigned or
deUvery. , empowered to deliver the gaols in their respective cities and counties.
Mayors, And be it further enacted by the authority aforesaid That the mayors
New Tork recorders and aldermen of the cities of New York and Albany and each
Chap. 9.] TENTH SESSION. 357
of them shall respectively have the like powers in the said respective wjd^ ^
cities as the justices of the peace have in their respective counties by hare^rke
vinne of this act. authority-
CHAP* 9*
AN ACT declaring what process may be issued in certain per
sonai actions, and for regulating outlawries.
Passed the 3rd of February. 1787.
Be if enacted by the People of the State of Ntiv York represented in ProceM in
Senate and Assembly y and it is hereby enacted by the authority of the same^ JJJJjJfntT'
That in all actions of account, debt, detinue, annuity, covenant, con- debt, etc.;
spiracy and of the case, and in actions of replevin, after a capias in ®"^**'^^'
withernam is returned that the person against whom it is issued has
no goods, the like process may hereafter be had and used as in actions
of trespass, done with force and arms, and in these as well as in all
other cases where process issues for taking the body, if it be returned
that the person against whom such process issued is not found, such
process may be pursued to the exigent and outlawry thereupon.
And be it further enacted by the authority aforesaid^ That each and SherUTs
every sheriff shall respectively in his county hold a court either in per- ^"nting
son or by his sufficient deputy, on every first and third Monday in Judgment
every month at the court house in his county, to be called his county u^!"
court, for the jnirpose of demanding persons upon exigents and pro-
nouncing outlawries thereupon; and that it shall not be necessary for
the coroners of the county, or any of them, to attend at such court, or to
^ive judgment of outlawry; but it shall be sufficient for the sheriff or
his deputy to give the judgment of outlawry, and to return the same
upon the exigent, without saying by the judgment of the coroners.
And be it further enacted by the autJiority aforesaid, That in every Outlawiy
original writ of actions personal, and in all appeals, indictments and J^meinot
informations and in which the exigent shall be awarded, to the names of in writ
the defendants, in such writs original, appeals, indictments and infor- tJcm of^*'*
mations, additions shall be made of their estate or degree or mystery, ®?^ *°^
and of the towns or places and counties of which they were or be, or in
which they be or were conversant; and if by process upon the said orig-
inal writ, appeal indictments or informations, in which the said additions
be omitted, any outlawries be pronounced they shall be void, frustrate
and holden for none, and that before any outlawries pronounced, the
said writs, appeals, indictments and informations shall be abated by the
exception of the party where in the same, the said additions be omitted;
provided always that although the said writs of actions personal, be not
according to the records and deeds by the surplusage of the additions
aforesaid, they shall not be abated for that cause.
And be it further enacted by the authority aforesaid That no person Accobboit
charged as accessary in any indictment or appeal shall be outlawed, Outlawed
until the principal be attainted; but such indictments and appeals may before
be nevertheless prosecuted; but the exigent against the accessary shall ^ °*^ p* •
remain until the principal be attainted by outlawry or otherwise.
And he it further enacted by the authority aforesaid^ That after any Treason
person is or shall be indicted or appealed of treason or felony, it shall .where tSJi
be commanded to the sheriff to take the body of the person so indicted jon indict-
or appealed by a writ of precept called a capias, and if the sheriff return be found.
358 LAWS OF NEW YORK. [Chap. 9.
goods to be on the same writ or precept, that the body is not found, another writ or
seized and pr^^ept of capias shall be immediately made returnable at a certain day,
not less than three months after the date of the same writ; and in the
same writ shall be comprised, that the sheriff shall cause the goods and
chattels of the person indicted or appealed to be seised, and safely kept,
until the day of the return of the writ or precept; and if the sheriff
return that the body is not found, and the person indicted or appealed
Cometh not, the exigent shall be awarded, and the goods and chattels so
seized shall be forfeited to the people of this State. But if the person
indicted or appealed come and yield himself, or be taken by the sheriff
or other officer, before the return of the second capias, then the goods
and chattels shall be saved.
Proceed* And be it further enacted by the authority aforesaid^ That upon every
caSof In- indictment and appeal against any citizen of this State dwelling in other
of^person ^ounties than where such indictment or appeal is or shall be taken, of
reridiDg in any treason or felony after the first writ of capias returned, another writ
eountyf ^^ capias shall be awarded directed to the sheriff of the county where
the person indicted or appealed is or shall be supposed to be conver-
sant by the same indictment or appeal, returnable in the same court or
before the same justices before whom the indictment or appeal is or
shall be taken, at a certain day, not less than three months after the date
of the same writ; by which writ the sheriff shall be commanded to take
the body of the person so indicted or appealed, if he or she shall be
found in his bailiwic, and if he or she shall not be found in his bailiwic^
that the said sheriff shall make proclamation in two of his county courts
before the return of the same writ, that the person so indicted or
appealed shall appear at the said court or before the said justices where
he or she is or shall be indicted or appealed at the day of the return of
the same writ, to answer to the people of the State of New York or the
party, of the treason, felony or trespass whereof he or she is, or shall be
so indicted or appealed, and after such writ of capias so served and
returned, if he or she so indicted or appealed come not at the day of the
return of the same writ of capias, the exigent shall be awarded against
such person so indicted or appealed. And where any such indictment
or appeal is or shall be taken before justices assigned to hear and deter-
mine, or before justices of the peace, or before any other having power
to take such indictments or appeals, and shall be removed or delivered
into the supreme court by certiorari, or otherwise, no exigent shall be
awarded by the same supreme court until such writ of capias with proc-
lamation shall be awarded and served and returned as aforesaid. And
if any exigent shall be awarded upon any such indictment or appeal
before such capias with proclamation be awarded, served and returned
as aforesaid, and outlawry be upon that pronounced, as well the exigent
so awarded and the outlawry thereupon, and every of them, shall be
holden for none and void; and the party against whom such exigent
shall be awarded or outlawry pronounced, contrary to the form afore-
said, shall not be endamaged thereby, nor put to loss of his or her life,
or goods or chattels, lands or tenements.
Actions And be it further enacted by the authority aforesaid^ That in every
an?fndict. action personal, and in all cases of indictments and informations for
ments for trespasses or misdemeanors, wherein or whereupon any writ of exigent
aiS^tsde- shall be awarded out of any court, one writ of proclamation shall be
meanora. awarded and made out of the same court, having day of test and return
as the said writ of exigent shall have, directed and delivered of record
to the sheriff of the county where the defendant at the time of the exi*
gent so awarded shall be dwelling, which writ of proclamation shall con-
Chap. 9.] TENTH SESSION. 359
tain the effect of the same action, indictment or information. And the
sheriff of the county unto whom any such writ of proclamation shall be
directed shall make or cause to be made three proclamations in the form
following, that is to say, one of the same proclamations in his open
county court, and one other of the same proclamations at the general
sessions of the peace in those parts where the party defendant at the
time of the exigent awarded shall be dwelling, and one other of the same
proclamations one month at least before the fifth demand by virtue of
the said writ of exigent at or near to the most usual door of the church
of the town or place where the defendant shall be dwelling at the time
of awarding the said exigent ; and if there be more than one church in
such town, than at or near the most usual door of the church nearest
the defendants dwelling ; and if there be no church in such town, then
at or near the the most usual door of the church in the next town near,
est the defendants dwelling, and upon a Sunday immediately after
divine service and sermon, if any there be. And if any such defendant
shall at the time of awarding the exigent reside out of this State, then
such writ of proclamation shall be directed to and executed by the
sheriff to whom the exigent shall be directed ; and in such case such
writ of proclamation shall be published in one or more of the news
papers to be printed in the city of New York for twelve several weeks
before the return of the exigent. And that all outlawries had and pro-
nounced and no writs of proclamations awarded and returned according
to the form of this statute, shall be utterly void and of none effect, and
may be avoided by averment, without suing out any writ of error.
And be it further enacted by the authority aforesaid, That before any Defendant
reversal of any outlawry be had by plea or otherwise, and before any ^curity
allowance of any writ in error upon any outlawry, the defendant and before
defendants in the original action or suit shall put in bail, if bail was ^yeneS^
required in such original action or suit, not only to appear and answer
to the plaintiff in the former suit in a new action to be commenced by
the said plaintiff for the cause mentioned in the first action, but also to
satisfy the condemnation, if the plaintiff shall begin such suit before the
end of two terms next after the allowing of the writ of error, or other-
wise avoiding of the said outlawry.
And be it further enacted by the authority aforesaid^ That no person PenouB
or persons whomsoever who are or shall be outlawed in any court, for SJ^i^appiy
any cause, matter or thing whatsoever, other than for treason or felony, iarr^
shall be compelled to come in person into court, or appear in person in Ittorney.
court, to reverse such outlawry, but shall or may appear by attorney
and reverse such outlawry, without bail in all cases, except where
special bail shall be ordered by the court.
And be it further enacted by the authority aforesaid^ That in all cases Outlawry
where an outlawry shall be had before judgment in any personal action, aoSoM*b©l
the plaintiff at whose suit the same outlawry shall be had, may suggest fore judg-
and set forth his cause of action upon the roll of the exigent after the SldinS^to
return of the same, upon which a writ shall be issued to the sheriff of Jj^JJ^®
the county where the action shall be brought, to summon a jury to
ap}>ear in the same court where the action shall be brought, if the same
shall be brought in any other court than the supreme court ; and if the
same action shall be brought in the supreme court, then before the jus-
tices or justice of the supreme court at the next circuit court to be held
in the county where such action shall be brought, to inquire into the
truth of the matters charged by the plaintiff, and to assess the damages
that the plaintiff shall have sustained thereby. And if the action shall
be in the supreme court it shall be commanded in the same writ to the
360 LAWS OF NEW YORK. [Chap, io.*
justices or justice who shall hold such circuit court, that he or they
shall make a return thereof to the supreme court, at the time in such
writ mentioned and upon the return of such writ if the action shall be
in the supreme court, or upon the execution of such writ, if the action
shall be in any other court, execution shall be awarded for the sum
found by the jury, with costs, both upon the outlawry and prosecution
of the said inquiry. And further^ that upon the execution of every
such writ of inquiry the plaintiff shall prove his cause of action and
debt or damages, in the same manner as if the defendant had appeared,
and traversed the same.
Payment And be it further enacted by the authority aforesaid^ That upon the
or judS?^ payment of the sum so found upon such inquiry as aforesaid, with costs
nient to as aforesaid, or where any outlawry shall be had after judgment in any
Sa^eof personal action, upon payment of the debt or damages and costs
outlawry, adjudged or upon the same being levied by any execution, or brought
into court by the defendant, such outlawry and judgment shall be con-
sidered as satisfied, and shall cease to have any further or other opera-
tion; and an entry shall in such case be made on the roll of the exigent
^ after the return of the same, and after the execution or return of the
inquiry, where such inquiry as aforesaid shall be made, that the debt or
damages and costs are paid or levied, or brought into court, and that
the defendant, as to the outlawry, or judgment and outlawry, and all
execution thereupon, go without day. And further iki^X. no outlawry
in any personal action shall work any disability or forfeiture whatsoever,
in favour of any other person, than the plaintiff at whose suit it shall
be had.
CHAP. 10.
AN ACT concerning the courts of common pleas and general
sessions of the peace.
Passed the 5th of February, 17S7.
Terms of Be it enacted by the People of the State of New York, represented in
g>«rt: Senate and Assembly^ and it is hereby enacted by the authority of the same^
ew or rpi^^j ^^ court of general sessions of the peace in and for the city and
county of New York shall be held on the first Tuesdays in February,
May, August and November in every year, each of which sessions of the
peace may last continue and be held until the several Tuesdays next
following inclusive. That the courts of common pleas and general
Albany, sessions of the peace in and for the county of Albany shall be held
at the city hall of the city of Albany on the Third Tuesday in Janu-
ary, and the first Tuesday in June and October in every year, each
of which courts may last continue and be held until the several Tues-
days next following inclusive. That the courts ol common pleas and
Suffolk, general sessions of the peace in and for the county of Suffolk shall be
held at the court house in the same county on the last Tuesday in March
and the first Tuesday in October in every year and may continue and
be held until the several Saturdays next following inclusive. That the
Queem. courts of common pleas and general sessions of the peace in and tor
the county of Queens shall be held at the court house in the same
county on the first Mondays in February and June and the second Mon-
day in November in every year* and may continue and be held until
the several Saturdays next following inclusive. That the courts of com-
Chap, io.] TENTH SESSION. 361
mon pleas and general sessions of the peace in and for the county of Kings.
Kings shall be held at the court house in the same county on the third
Tuesdays in April and October in every year, and may continue and
be held until the several Saturdays next following inclusive. That the
courts of common pleas and general sessions of the peace in and for Richmond.
the county of Richmond shall be held at the court house in the same
county on the fourth Monday in January, the first Monday in May, and
the fourth Monday in September in every year, and may continue and
be held until the several Saturdays next following inclusive. That the
courts of common pleas and general sessions of the peace in and for weet-
the county of West Chester shall be held on the fourth Mondays in *^®®^'-
January, May and September in every year, and shall be held alternately
at the court house at the White Plains, and at the court house at Bed-
ford, and may continue and be held until the several Saturdays next
following inclusive. That the courts of common pleas and general
sessions of the peace in and for the county of Orange shall be held on orange,
the second Tuesdays in February, May and October in every year, and
shall be held alternately at the court house in the New City, and at the
court house in Goshen, and may continue and be held until the several
Saturdays next following inclusive. That the courts of general sessions
of the peace in and for the county of Ulster, shall be held at the court Ulster,
house in the same county on the first Tuesday in May, and on the third
Tuesday in September in every year, and may continue and be held
until the several Saturdays next following inclusive ; and that the court
of common pleas in and for the said county of Ulster shall be held at
the court house in the same county on the first Tuesdays of January,
May and July, and the third Tuesday in September in every year, and
may continue and be held until the several Saturdays next following
inclusive. That the courts of common pleas and general sessions of the Dutchess,
peace in and for the county of Dutchess shall be held at the court
house in the same county on the third Tuesdays in January and May
^nd the second Tuesday in October in every year, and may continue
and be held until the several Saturdays next following inclusive. That
the courts of common pleas and general sessions of the peace in and
for the county of Columbia shall be held at the court house of Clav- Columbia,
erack on the second Tuesdays in January, May, and September in
every year, and may continue and be held until the several Saturdays
next following inclusive. That the courts of common pleas and general
sessions of the peace in and for the county of Washington shall be held Washing
at Salem in the same county, on the second Tuesday in February, the ^^
last Tuesday in May, and the first Tuesday in November in every year,
and may continue and be held until the several Saturdays next follow-
ing inclusive. And that the courts of common pleas and general sessions
of the peace in and for the county of Montgomery shall be held at the Montgom-
court house in the same county on the second Tuesdays in February ^^'
June and October in every year, and may continue and be held until
the several Saturdays next following inclusive. Provided always^
And be it further enacted by the authority aforesaid^ That it shall and Courts
may be lawful to and for the judges and justices of the said respective Sjoumed .
courts of common pleas and general sessions of the peace respectively, P*^^^®"*
when they conceive the due administration of justice will admit thereof, lUedJ
to adjourn the said courts respectively, to the next succeeding term, on
any day preceding the last day, to which the power of holding such of the
said courts is hereby extended as aforesaid; and that all process which
shall be issued out of the said courts respectively, shall always bear teste
the day on which the said respective courts shall have adjourned.
Vol. 2.-46
362 LAWS OF NEW YORK. [Chap. io.
Term of And be it further enacted by the authority aforesaid, That iTie terms
S»ui^ex- • o^ the mayors courts of the cities of New York and Albany, shall be
th°**e da^ and hereby are lengthened and extended to three days, provided netfer-
roe ays. ^^^^^^^ ^^idX when the business of any of the said respective courts shall
be completed, the said courts may adjourn to the next term, without
sitting until the end of the term. And that all process issuing out of
the said respective courts shall always be tested the day on which the
court shall have adjourned.
Jurisdio- And be it further enacted by the authority aforesaid That the said
ootu^'of courts of common pleas and mayors courts shall be and hereby are
common respectively authorised and empowered to hear, try and determine
mayon?^ according to law all actions real, personal and mixed, suits, quarrels,
courts. controversies and differences arising within the several and respective
cities and counties for which the same are or shall be held.
New York And be it further enacted by the authority aforesaid. That the mayor
fcMions. recorder and aldermen of the city of New York or any three of them,
j^hoto * of whom the mayor or recorder always to be one, shall have power to
monpleS" bold such courts of general sessions of the peace and mayors courts in
oouDties ^^ ^^^^ ^^^y» ^^y charter law or usage to the contrary notwithstanding;
and that the judges and assistant justices of each of the other counties
in this State, or any three of them, of whom one of the judges of the
court of common pleas always to be one, shall have power to hold such
courts of common pleas in their respective counties, any law or usage to
the contrary notwithstanding.
Affidavits And be it further enacted by the authority aforesaid, That all affidavits
ticS^oi?"** to be taken before any justice of the supreme court, in or concerning
supreme any cause, matter or thing, depending or hereafter to be depending, or
be"u8^*D in any wise concerning any proceedings to be had in any of the said
pTSsor* courts of common pleas, or courts of general sessions of the peace, or
flrenerai mayors courts, shall or may be read and made use of in the said courts
sessions, respectively in the same manner, and shall be of the same force and
effect to all intents and purposes, as if they were or had been taken
before one of the judges or justices of the said courts of common pleas,
courts of general sessions of the peace, or mayors courts respectively.
And whereas an opinion hath prevailed, that no diminution can be
alledged of records removed by writ or writs of error from any of the
mayors courts or courts of common pleas in the several cities and coun-
ties of this State, and that therefore not only the declaration, pleadings,
verdict and judgment, but the plaint, process, continuances and all other
proceedings in each cause, in the said respective courts, must be set
forth specially and particularly in the record of the judgment therein,,
which occasions a very considerable expence to the parties and is pro-
ductive of many inconveniences; for remedy whereof
Records of Be it further enacted by the authority aforesaid That in all records
iow^ade of judgments hereafter to be made up and entered in any of the said
"P' courts, in any cause now depending or hereafter to be brought therein,
it shall be sufficient immediately after the caption thereof to enter the
declaration, without setting forth or entering upon the same record, the
plaint or process against the defendant or defendants, and then if judg-
ment is not entered or the defendant or defendants shall not plead at
the same term of which the declaration is filed, an imparlance shall be
entered to the term when judgment is entered, or the plea of the defend-
ant or defendants shall come in, without entering the continuances from
, term to term ; and when an issue shall be joined to be tried by a jury,
if the same is not tried at the next term after the joining thereof, instead
of entering all the continuances from term to term until the trial, it shall
Chap. io.J TENTH SESSION. 363
be sufficient to enter the continuance upon the record in the following
form, " and hereupon the process thereof is continued between the par-
ties aforesaid of the plea aforesaid in this same court before the " mayor
recorder and alderman of the city of New York, or Albany, or Hudson,
or "judges and assistant justices of the same court," as the case maybe,
until the term when the same issue shall be tried, or some necessary rule
or order made concerning such cause or the trial thereof, if any such
shall be made: And further that the caption of all records of judg-
ments in the said mayors courts, shall be in the following form: " Pleas
in the court of common pleas called the mayors court, held at " such
place " of or in *' such city as the same court shall be actually held,
* in and for the said city before the mayor recorder and aldermen of
the same city, on " such day as the process against the defendant or
defendants in such cause shall be returnable and be returned served ;
and that the caption of all records of judgments in the several courts of
common pleas in the several counties of this State shall be in the follow-
ing form " Pleas in the court of common pleas held at " such place as
the same court shall be actually held, " in and for the county of " West
Chester or other county as the case may be " before the judges and
assistant justices of the same court on *' such day as the process against
the defendant or defendants in such case shall be returnable and be
returned served ; and that it shall not be necessary in any such records
in any of the said mayors courts or courts of common pleas in the sev-
eral counties, to insert the names of the mayor, recorder, aldermen,
judges or assistant justices, or any of them, either in the caption of the
same records or in any continuance or other part of the same records,
nor shall it be necessary in any such record, to set forth the authority
by which any such court is held.
And be it further enacted by the authority aforesaid. That upon the Onwmoval
removal of any such record by writ of error, or upon error brought in ment on
any manner upon any such judgment, it shall be lawful to alledge any f^^''^^™*
diminution, or defect, or variance, or the want of any process or pro- etc., may
ceeding, in the same manner, and the like proceeding shall be there- ^ sieged,
upon had, as may or ought to be done, in cases of error upon judgments
in the supreme court.
And be it further enacted by the authority aforesaid. That there shall ^og^ '<>'
be taken, allowed and paid, for drawing making up and entering or ?ecord*of
engrossing every such record in any of the said mayors courts, or other Judgment,
courts of common pleas, the sum of twelve shillings, and no more, to be
taken by the attorney or clerk who shall do the service. And further
that no execution, in any case, shall be issued, until the judgment is
made up and signed.
And be it further enacted by the autJwrity aforesaid, That instead of the J^*?®'
fees allowed for drawing a declaration in any of the mayor's courts, or de^ianf
courts of common pleas in the several cities and counties within this 'lone.
State, in and by an act entitled "An act for regulating the fees of the
several officers and ministers of the courts of justice within this State,*'
there shall be allowed, paid and taken the sum of six shillings, and for a
copy of such declaration the sum of three shillings, and no more.
And be it further enacted by the authority aforesaid, That all former ^?^5^
laws for fixing the times and places of holding the said courts of com- repealed,
mon pleas and general sessions of the peace, and mayors courts of the
cities of New York and Albany, shall be and hereby are repealed
364
LAWS OF NEW YORK.
[Chap. 12.
CHAP. 11.
AN ACT for the further direction of the commissioner of forfeit-
ures for the eastern district.
Passed the sih of February, 1787.
Forfeited Be it enacted by the People of the State of New York represented in
MSterlidis- '5>;/^z/<? and Assembly^ and it is hereby enacted by the authority of the same^
triotmay That it shall and may be lawful, to and for the commissioners of for-
the*coffe©- fcitures for the Eastern district, to sell and dispose of at public vendue
Now Vork ^' *^^ coffee house in the city of New York, all or such parts as he shall
' think proper of the forfeited estates situated in the said eastern district
any law to the contrary hereof in any wise notwithstanding. Provided
nevertheless^ that the said commissioners shall have previous to any such
sales, advertized the same in two of the public news papers printed in
this State, for the term of six weeks successively.
CHAP. 12.
Penalties
of estreat-
ed recog-
nizances
remitted.
Certain
floes, etc.,
remitted.
Fines, etc.,
how paid
over.
Allowance
to be made
to James
Black.
AN ACT to remit certain penalties, fines and amerciaments.
Passed the 6th of February, 1787.
Be it enacted by the People of the State of New Yorky represented in
Senate and Assembly , and it is hereby enacted by the authority of the same^
That the penalties of all recognizances which have become forfeited to
the people of this State, and estreated before the fourth day of May last,
and which have not been paid, shall be, and the same are hereby declared
to be remitted and discharged: and all prosecutions for the recovery of
any such penalties shall from and after the passing of this act, cease and
be discontinued.
And be it further eriacted by the authority aforesaid^ That all fines
and amerciaments imposed or set in any court of record, previous to the
said fourth day of May last, and not already levied and collected other
than fines in cases where convictions have been had, shall be, and the
same are hereby declared to be remitted and discharged.
And be it further enacted by the authority aforesaid^ That all fines,
forfeitures and amerciaments, received by any officer, before the first
day of January in the year of our Lord one thousand seven hundred and
eighty two, and which have not been accounted for, may be paid into
the court of exchequer in any public securities made receivable upon
sales of confiscated estates, provided the same be accounted for and
paid into the exchequer, before the first day of November next.
And be it further enacted by the authority aforesaid^ That it shall and
may be lawful for the court of exchequer to make such allowance to
James Black of the city of New York, for such sums as he has expended
and paid, as administrator of the goods and chattels of Jane Downie, a
felo de se, out of such part of her estate now in his hands, as by the said
court shall be deemed reasonable.
Chap. 13.J . TENTH SESSION. 365
CHAP. 13.
AN ACT for preventing usury.
Passed the 8th of February, 1787.
Be it enacted by the People of the State of New Yorky represented in Rat© of
Senate and Assembly ^ and it is hereby enacted by the authority of the same, Jjjjf tof ex-
That no person or persons whomsoever, shall hereafter take directly or oeed Beven
indirectly, for loan of any monies, wares> merchandize, or other things ^^ °*°
whatsoever, above the value of seven pounds for the forbearance of one
hundred pounds for one year, and so after that rate for a greater or less
sum, or for a longer or shorter time; nor take any bond, bill, note or
security whatsoever, for payment of money to be lei^t, or to be due or
payable by any means whatsoever, whereupon or whereby there shall
be reserved or taken, or included, above the rate of seven pounds in the
hundred as aforesaid. And further ^ that all bonds, bills, notes, con-
tracts and assurances whatsoever, and all deposites of goods or other
things whatsoever for payment of any principal or money to be lent, or
covenanted or agreed to be paid, upon, or for any usury, whereupon or
whereby they shall be reserved or taken or secured or agreed to be
reserved -or taken, above the sum of seven pounds in the hundred as
aforesaid, shall be utterly void.
And be it further enacted by the authority aforesaid^ That if any person Pereon
or persons whomsoever, shall hereafter take, accept or receive, by way usurious*™
or means of any corrilpt bargain, loan, exchange, chevizance, shift or sum taken
interest of any money, wares, merchandize, or any other thing or things ^v^r The
whatsoever, or by any deceitful ways or means, or by any covin, engine llJJfon*^
or deceitful conveyance, for the forbearing or giving day of payment brought
for one whole year, of or for his, her, or their money, or other thing, year;°if*°*
above the sum of seven pounds, either in money, goods, or any other no*»*hen^
thing whatsoever, for the forbearing of one hundred pounds for one mav sue
year, and so after that rate for a greater or less sum, or for a longer or J^y^Jf
shorter time, the person or persons so paying any such sums of money
or delivering any such goods or other thing, his her or their executors
or administrators shall be at liberty at any time within one year then
next, to sue for and recover the money so paid, or the value of the
goods or other thing so delivered, above the rate aforesaid, or any part
thereof, from the person or persons who shall have taken, accepted, or
received the same, or from his, her, or their executors or administrators,
with costs of suit, by action of debt founded on this aci, to be prose-
cuted in any court of record having cognizance of the same, in which
actions it shall be sufficient for the plaintiff or plaintiffs to alledge, that
the defendant or defendants, or his, her or their testator or intestate, is
or are, or were indebted to the plaintiff or plaintiffs, or to his, her, or
their testator or intestate in the sum so paid, or the value of the goods
or other things so delivered, over and above the rate aforesaid, whereby
an action accrued to the plaintiff or plaintiffs according to the form oi
the statute intitled " An act for preventing usury," to demand and have
of the defendant or defendants, of his, her, or their testator or intestate,
the said sum, without setting forth the special matter; and in case the
person or persons so paying any such sum or sums of money, or so
delivering any such goods or other thing, shall not within the time
aforesaid, really and bona fide and without covin or collusion, commence
his her or their ,uit or action for the money so paid, or for the value of
366 LAWS OF NEW YORK. . [Chap. 13.
the goods or other things so delivered as aforesaid, or shall suffer such
suit or action to be delayed or discontinued, then it shall and may be
lawful for any other person or persons, within one year after such neglect
discontinuance or delay, by any such action or suit as aforesaid, to sue
for and recover the same in manner aforesaid, with costs of suit, against
the person or persons who shall have taken, accepted or received the
same, his, her, or their executors or administrators; the one moiety
thereof to the use of the person or persons who will prosecute for the
same with effect, and the other moiety thereof to the use of the poor of
the town or place where the offence shall be committed.
Scriviners, And be it further enacted by Jhe authority aforesaid, That no scriviner,
^Jcm n^t to broker, solicitor, or driver of bargains or contracts, shall hereafter take
receive or receive, directly or indirectly, any sum or sums of money, reward,
onelaifof goods or Other thing, for brocage, soliciting, driving or procuring, the
cent'for ^^^^ ^^ forbearance of any sum or sums of money, over and above the
negotiating rate or value of ten shillings for the loan or forbearance of one hundred
bm^'to^ pounds for one year, and so in proportion for a greater or less sum, or
Action. above three shillings for making or renewing any bond, bill, note or
other security, for the loan or forbearance thereof, or for any counter
bond, bill or other security concerning the same; and in case any scrive-
ner broker, solicitor, or driver of bargains or cor>tracts, or any other per-
son or persons, shall take, accept or receive, directly or indirectly, any
sum or sums of money, reward, goods or other thing, or any deposit or
security for brocage, soliciting driving or procuring the loan or forbear-
ance of any sum or sums of money, over and above the rate or value of
ten shillings for the loan or forbearance of one hundred pounds for one
year, and so in proportion for a greater or less sum, the person or per-
sons so paying such sum or sums, or delivering or depositing any such
goods or other thing above the rate aforesaid, or his, her or their execu-
tors or administrators, shall be at liberty, at any time within one . year
after paying or delivering the same, to sue for, and recover the money
so paid, and the value of the goods or other thing so delivered or
deposited above the rate aforesaid, or any part thereof, from the person
or persons who shall have taken, accepted or received the same, or from
his, her, or their executors or administrators, with costs of suit, by action
of debt, founded on this act, to be prosecuted in any court of record
having cognizance of the same; in which actions it shall be sufficient for
the plaintiff or plaintiffs to alledge that the defendant or defendants, or
his, her, or their testator or intestate, is or are or were indebted to the
plaintiff or plaintiffs, his, her or their testator or intestate, in the sum so
paid, or the value of the goods or other thing so delivered or deposited,
over and above the rate aforesaid, whereby an action accrued to the
plaintiff or plaintiffs, or to his, her or their testator or intestate, accord-
ing to the form of the statute intitled "An act for preventing usury," to
demand and have of the defendant or defendants, or his her or their
testator or intestate, the said sum, without setting forth the special
matter; and in case the person or persons so paying any such sum or
sums of money, or delivering or depositing any such goods or other
thing, or his, her or their executors or administrators, shall not within
the time aforesaid really and bona fide and without fraud or collusion,
commence his, her or their suit or action for the money so paid, or for
the value of the goods or other things so delivered or deposited as afore-
said, over and above the rate aforesaid, or shall suffer such suit to be
delayed or discontinued, then it shall and may be lawful for any other
person or persons, within one year after such neglect discontinuance or
delay, by any such action or suit as aforesaid, to sue for and recover the
Chap. 14.] TENTH SESSION. 367
same in manner aforesaid, with costs of suit, against the person or per-
sons who shall have taken accepted or received the same, his her or
their executors or administrators, the one moiety thereof to the use of
the person or persons who shall prosecute for the same with effect, and
the other moiety thereof to the use of the poor of the town or place
where the offence shall be committed.
And for the better discovery of the money, goods or other things, so
taken, accepted or received as aforesaid, upon or for the loan or for-
bearance of money, goods or other things, or for brocage, solicting, driving
or procuring the loan or forbearance of any sum or sums of money, Be
it further enacted by the authority aforesaid^ That all and every the per- Pereoos
son or persons, who by virtue of this act shall or may be liable to be Snl^OT*un-
sued for the same, shall be obliged and compellable to answer upon <*«»• o^th.
oath, such bill or bills as shall be preferred against him, her or them in
the court of chancery for discovering the sum or sums of money, goods
or other thing so taken, accepted or received as aforesaid; and further^
that upon the discovery and repayment or return of the money, goods
or other thing, so to be discovered, the person or persons who shall so
discover, and repay or return the same as aforesaid, with costs of suit,
shall be acquitted and discharged from any further or other punishment,
forfeiture or penalty, which he she or they may have incurred or become
liable to, by taking, accepting or receiving, such money, goods or other
thing so discovered, and repaid or returned as aforesaid.
And be it further enacted by the authority aforesaid^ That the act entitled Actreotted
** An act for lowering the interest of money to seven per cent," passed '^p®**®^
the i6th of December 1737, be and the same is hereby repealed; pro-
vided that such repeal shall not be construed to aflfect any suits already
commenced, or which hereafter may be commenced, for any penalties
heretofore incurred by force of the said act ; or to affect the right and
benefit of pleading the said statute in bar to any suit already brought,
or hereafter to be brought, upon any contract heretofore made; but
such suits may be prosecuted, and such pleas made and allowed, and
judgment thereupon given, in the same manner as if this present act had
not been passed.
CHAP. 14.
AN ACT to reduce the laws concerning costs into one statute.
Passed the 12th of February, 1787.
I. Be it enacted by the People of the State of New York^ represented in In what
Senate and Assembly ^ and it is hereby enacted by the autliority of the samCy JiiiStiff. tf
That if any person or persons shall commence or sue in any court of juccessful,
record withm this State, any action, bill or plant, of debt, covenant, jud^ent
trespass upon the case, detinue, account, or upon any statute for any '^'^ *^*^^'
offence or wrong personal, immediately supposed to be done to the
plaintiff or plaintiffs, trespass, ejectment, or any other action whatsoever,
real, personal or mixt, and the plaintiff or plaintiffs, demandant or
demandants, shall by verdict or otherwise recover damages in any such
action, biU or plaint, that then the plaintiff or plaintiffs, demandant or
demandants, in every such action, bill or plaint, shall have judgment to
recover his, her or their costs, against every such defendant or defend-
ants, to be assessed and taxed by the descretion of the court where any
such action, bill or plaint, shall be commenced, sued or taken ; and
368
LAWS OF NEW YORK.
[Chap. 14.
Defendant,
If succesa-
fuUtohave
costs. If
plaintiff
would have
been so
entitled.
Avowants,
etc., enti-
tled to
OOBtS.
Actions
where de-
fendant
awarded
costs,
althouprh
plaintiff
recoTera
judgment.
Actions of
trespass
and for
assault,
costs in.
shall be levied and recovered together with the debt or damages afore-
said, against the body or bodies, of goods and chatties, lands and tene-
ments of the defendant or defendants.
II. And be it further enacted by the authority aforesaid, That if any
person or persons shall commence or sue in any court of record within
this State, any action, bill or plaint whatsoever as aforesaid, wherein the
plaintiff or plaintiffs, demandant or demandants might have costs, (if in
case judgment should be given for him, her or them,) and the plaintiff
or plaintiffs, demandant or demandants, in any such action, bill or
plaint, after appearance of the defendant or defendants be non suited,
or that any verdict happen to pass by any lawful trial against the plain-
tiff or plaintiffs, demandant or demandants, in any such action, bill or
plaint, that then the defendant or defendants, in every such action, bill
or plaint, shall have judgment to recover his costs against every such
plaintiff and plaintiffs, (except against executors or administrators
prosecuting in the right of their testators or intestates) demandant or
demandants, to be assessed and taxed by the discretion of the courts
where any such action, bill or plaint, shall be commenced, sued and
taken as aforesaid; and also, that every defendant or defendants, shall
have such process and execution for the recovery and having of his, her
and their costs, against the same plaintiff or plaintiffs, demandant or
demandants, as the same plaintiff or plaintiffs, demandant or demand-
ants, should or might have had against the defendant or defendants, in
case that judgment had been given for the said plaintiff or plaintiffs^
demandant or demandants, in any such action bill or plaint.
III. And be it further enacted by the authority aforesaid. That every
avowant; and every other person or persons that make avowry, justifica-
tion or cognizance, as bailiff or servant to ^hy person or persons in any
replevin or second deliverance, if the same avowry, cognizance or justi-
fication, be found for them, or the plaintiff or plaintiffs in the same be
non suit or otherwise barred, that then they shall recover their damages
and costs against the said plaintiff or plaintiffs, as the same plaintiff or
plaintiffs should have done, if he, she or they, had recovered in the
same replevin or second deliverance, if the same had been found against
the defendant or defendants.
IV. And be it further enacted by the authority aforesaid^ That if any
action, bill, plaint, suit or cause, not concerning any freehold, or inheri-
tance or title of land, nor for any assault, battery or imprisonment, nor
for slander, nor replevin, nor malicious prosecution, which have been
or shall be brought or commenced in any of the courts of common
pleas or mayors courts in any of the cities or counties of this State ; if
the plaintiff shall not recover above the sum of ten pounds, not having
caused an affidavit on oath to be made and filed before the commencing
such suit or action, that the debt due or damage sustained, or the value
of the thing in demand exceed the sum of ten pounds, then and in
every such case the plaintiff shall not recover any costs of suit, but the
court shall award that the plaintiff shall pay to the defendant his, or her
costs to be taxed, for which the defendant shall have execution against
the body or lands, and goods and chattels of the plaintiff.
V. And be it further eruicted by the authority aforesaid. That in all
actions of trespass, and assault and battery, commenced or prosecuted
in the supreme court, wherein the judge at the trial of the cause shall
not find and certify under his hand upon the back of the record, that
an assault and battery was sufficiently proved by the plaintiff against
the defendant, or that the freehold or title of the land mentioned in the
plaintiffs declaration was chiefly in question, the plaintiff in such action
Chap. 14.] TENTH SESSION. 369
in case the jury shall find the damages to be under the value of forty
shillings, shall not recover or obtain more costs of suit than the dam-
ages so found shall amount to : And if any more costs in any such
action shall be awarded, the judgment shall be void, and the defendant
shall by this act be acquitted of and from the same, and may have his
action against the plaintiff for such vexatious suit, and recover his
damages and costs of such suit, in any of the said courts of record.
VI. And be it further enacted by the authority aforesaid^ That in all Actions on
actions upon the case, for slanderous words, to be sued or prosecuted J^d^
by any person or persons in the supreme court, if the jury upon the J^J?'»
trial of the issue in such action, or the jury that shall inquire of the
damages, do find or assess the damages under forty shillings, then the
plaintiff or plaintiffs in such action shall have and recover only so much
co§ts as the damages so given or assessed amount unto, without any
further increase of the same.
VII. And be it further enacted^by the authority aforesaid^ That in all Actions of
•actions of trespass to be commenced and prosecuted in any court of jS^^ay
record within this State, wherein, at the trial of the cause, it shall ap- «iUow costs
pear and be certified by the judge under his hand upon the back of the
record, that the trespass upon which any defendant shall be found guilty,
was wilful and malicious, the plaintiff shall recover not only his dam-
ages, but his full costs of suit, anything in this act contained to the con-
trary notwithstanding.
VIII. And be it further enacted by the authority aforesaid^ That in all C5osts upon
suits upon any writ or writs of scire facias, and suits upon prohibitions, JSrefadas
the plaintiff obtaining judgment, or any award of executidn, after plea
pleaded, or demurrer joined therein, shall likewise recover his costs of
suit; and if the plaintiff shall become non suit, or suffer a discontinu-
ance, or a verdict shall pass against him, the defendant shall recover
his costs, and have execution for the same, in manner aforesaid.
IX. And be it further enacted by the authority aforesaid^ That where Costs
several persons are or shall be made defendants to any action, bill or ^^diMnlai^
plaint of trespass, assault, false imprisonment or ejectment, and any one eda8to<^
or more of them shall be, upon the trial thereof, acquitted by verdict, fondants,
every person or persons so acquitted, shall have and recover his, or her
costs of suit, in like manner as if a verdict had been given against the
plaintiff or plaintiffs, and acquitted all the defendants, unless the judge,
before whom such cause shall be tried, shall immediately after the trial
thereof, in open court, certify upon the record, under his hand, that
there was a reasonable cause for the making such person or persons a
defendant or defendants to such action, bill or plaint
And be it further enacted by the authority aforesaid^ That when and Person
as often as any person or persons shall sue forth, or by any means, cause ^^^^^
or procure to be sued forth out of any court, any bill, latitat, capias, entitled to
alias or pluries capias, against any person or persons, who upon the S^tion is
same writ or writs or process, shall happen to be imprisoned, or shall JuteS?*"^
upon the return of the same writ, or writs or process, appear and put
in bail, to answer such suit as shall be objected against him, her or
them, according to the common order or practice of such court, then
and in every such case, if the party or parties at whose suit the same
\mX. or writs, or process, was or were obtained or sued forth, do not
before the end of the next term or court, after the return of the same
writ, or writs or process or after , such bail had and taken, put into the
same court, his, her or their bill or declaration against the same party
or parties against whom such writ or writs, or process hath been or shall
be sued : or if after a declaration had and put into the same court, the
Vou 2. — 47
370 LAWS OF NEW YORK, [Chap. 14.
plaintiff or plaintiffs, in such case, shall not prosecute the same with
effect, but shall willingly ^nd apparently to the same court, suffer his,
her or their suit to be delayed, or shall suffer the same suit to be dis-
continued, or otherwise shall be non suit in the same, then and in every
such case, such court shall or may, at their discretion, award and
adjudge to every such person and persons, so arrested, vexed, molested
or troubled, by such writ or writs, or process or suit, his, her and their
costs, damages, and charges, by any means sustained by occasion of any.
such writ or writs, process, arrest or suits, taken, sued or had against^
him, her or them, to be paid by such person or persons so causing or
procuring any such writ or writs, or process to be sued forth as afore-
said, and for which costs, damages and charges, the person or persons
to whom the same shall be awarded or adjudged, shall and may have
like execution as aforesaid.
Write of And be it further enacted by the authority aforesaid^ That if at any
^Bu^*" time hereafter, any person or persons shall commence or prosecute in
ojjtby any court of record, any action, plaint or suit, wherein upon any
^ demurrer, either by plaintiff or defendant, demandant or tenant, judg-
ment shall bfe given by the court against such plaintiff or demandant,
or if at any time, after judgment given for the defendant or tenant, in
any such action, plaint or suit, the plaintiff or demandant shall sue any
writ or writs of error to annul the said judgment, and the said judgment
shall afterwards be affirmed to be good, or the said writ of error shall
be discontinued, or the plaintiff shall be non suit therein, the defendant
or tenant in every such action, plaint, suit or writ of error, shall have
judgment to recover his costs against every such plaintiff or plaintiffs,
demandant or demandants, and have execution for the same, in like
manner aforesaid.
Id.; Bued And be it further enacted by the authority aforesaid^ That if any
Sniuit.^ defendant or defendants, tenant or tenants, or any other person or per-
sons, that shall be bound by any judgment obtained in any court of
record, shall sue, before execution had, any writ of error, to reverse any
such judgment, in delay of execution, that then, if the same jud^ent
be affirmed good in the said writ of error, and not erroneous, or if the
said writ be discontinued in the default of the party, or if any person
or persons, that sueth any writ of error, be non suited in the same, that
then the said person or persons against whom the said writ of error is
so sued, shall recover his, her or their costs and damages, for his, her
or their delay and wrongful vexation in the same, to be assessed and
taxed by the discretion of the justices or court, before whom the said
writ of error is returnable, and have execution for the same in manner
aforesaid.
Id.; afflnn- And be it further enacted by the authority aforesaid^ That if any
Judgment, person or persons shall sue or prosecute any writ or writs of error, for
reversal of any judgment whatsoever, given, after any verdict, in any of
the courts aforesaid, and the judgment shall afterwards be affirmed,
then every such person or persons shall pay unto the defendant or
defendants in the said writ or writs of error, his, her or their double
costs, to be assessed by the court where such writ of error shall be
depending for the delaying of execution.
Id.;aua8h- And be it further enacted by the authority aforesaid^ That upon the
Jog of. quashing of any writ of error, for variance from the original record, or
other defect, the defendant or defendants in such writ of error, shall
recover against the plaintiff or plaintiffs issuing out such writ, his, her
or their costs, as he, she or they should have had if the judgment had
been affirmed, and to be recovered in the same manner.
Chap. 15.J TENTH SESSION. 371
And be it further enacted by the authority aforesaid^ That no writ or Writi of
writs commonly called capias pro fine, in any suit or action of trespass, S^e^Swt^
ejectment, assault and fsuse imprisonment, in any court of record be ****^'
sued out or prosecuted against any defendant or defendants, or any
further process thereupon, but the same finef are and shall hereby be
remitted, and forever discharged.
And for preventing vexatious suits in courts of equity : Be it further Costs to
enacted by the authority aforesaid^ That upon the plaintiffs dismissing on'Sraln?*
his own bill, or the defendants dismissing the same, for want of prose- ^^ft^^
cution, the plaintiff in the suit shall pay to the defendant or defendants,
his, her or their full costs, to be taxed by a master.
And be it further enacted by the authority aforesaid^ That in all suits ^^^"
commenced or to be commenced upon any obligation or specialty, made on'^^aif '*
or to be made to the people of .the State of New York, or to any person <rfpwp»o-
or persons to or for theit use, the people of this State, or other plaintiff
or plaintiffs, shall have and recover both the debt and costs, and dam-
ages, as any other common persons may do, in suits for their debts.
And be it further enacted by the authority aforesaid^ That where any W.; no
suit on action is or shall be commenced, sued and prosecuted, by and awarded
in the name of any person or persons, for any debt, sum or sums of <J«'«ndant.
money* due, owing or belonging to the people of this State, and the
plaintiff or plaintiffs shall be non suited therein, or if a verdict shall
pass against such plaintiff or plaintiffs, the defendant or defendants
shall not recover any costs agaii^st such plaintiff or plaintiffs.
Provided always^ and be it further enacted by the authority aforesaid^ A^^^*?Ljt
That nothing in this act contained shall extend to any popular action, um^t^.
nor to any action to be prosecuted by any person in behalf of himself
and the people of this State, upon any penal statute, nor to any indict-
ment, presentment, inquisition or appeal.
CHAP. 15.
AN ACT for regulating elections.
Passed the 13th of February, 1787.
Be it enactea t?y the People of the State of New York, represented in Elections
Senate and Assembly^ and it is hereby enacted by the authority of the same, banotHr
That all elections for governor, lieatenant governor, senators and mem- ^^'J'*^^;^
bers of assembly, shall be by ballot ; and that such elections shall be ^ ^'^ ®
held, not by counties, but by wards in the Cities of New York and
Albany, and by cities, towns, manors, precincts and districts, in all other
parts of this State ; and for that purpose, the last Tuesday in April, in
every year forever hereafter, shall be the anniversary day on which such
elections shall respectively be held, and from which the same shall be
respectively continued by adjournments, if necessary, from day to day,
not exceeding five days, until the same shall respectively be completed.
And be it further enacted by the authority aforesaid^ That the respect- inspectors
ive town clerks, supervisors and assessors, of the several cities, towns, whoTo^be.'
manors, precincts and districts in this State, for the time being, or the
majority of them, or the survivors of them, or the majority of such sur-
vivors, shall, from time to time, be the inspectors of the said election in
each city, town, manor, district and precinct respectively, except in the
372 LAWS OF NEW YORK, |Chap. 15.
New York cities of New York and Albany, wherein the appointment shall be as
Albany, follows, that is to say, that the mayor, recorder, aldermen and assistants
or common council men, shall convene together in common council, at
the city hall of the said cities respectively, on the first Tuesday of April
in every year; and then* and there shall, by plurality of voices, elect
from among the substantial freeholders, actually resident in each ward
in the said cities respectively, three persons for inspectors of the then
ensuing election to be held in the several wards of the said cities respect-
ively, for governor, lieutenant governor, senator or senators, and mem-
bers of assembly, or such of them, as by the constitution of this State
and this act, shall be to be chosen at such election.
Election And be it further enacted by the authority aforesaid^ That the clerk
be^OTued ^f ^^^ Senate for the time being, shall forthwith, in the present year, and
*>y ^^fl^l^^ between the first day of January and the first day of March in every
sheriffa. year hereafter, inclose and send in writing under his hand, to the sev-
eral sheriffs of the different counties, in the respective great districts of
this State, a notification of the names of the senators for each respective
district, whose seats are to become vacant, at the expiration of the year;
and of the names of those, if any, whose seats are become vacant by
death or otherwise; and of the number of senators to be elected in such
district at the next ensuing election; and also that a governor and
lieutenant governor, or a lieutenant governor only, (as the case may
require) is or are to be chosen at the then next election, if any such
choice shall be necessary; and in case of the death or inability, or of
the removal of such clerk out of this State, it shall be the duty of the
secretary of this State, and he is hereby enjoined, to do all and every
thing and things which the said clerk is hereby enjoined to do. And
Sheriff to each sheriff shall without delay transmit a copy of such notification to
toTnepect^ some one inspector in each ward, town, manor, district and precinct
^"* respectively, in his county; and also afiix a copy of the same notifica-
tion upon the door of the court house in his county.
N^t^Jc® o' And be it further enacted by the authority aforesaid That each inspector,
be posted upon receiving such notification as aforesaid, shall immediately give
ejection notice thereof to the other inspectors of the same ward, town, manor,
district, precinct or district; and the several and respective inspectors for each
respective ward, town, manor, precinct and district, or the major part of
them, shall without delay covene together, and by writing under their
respective hands to be affixed in at least three of the most public places
of such ward, town, manor, precinct or district respectively, give eight
days notice of the place, (which shall be most public and convenient
for the purpose) within the same, where such election for a governor,
lieutenant governor, senator or senators and members of assembly, or
such of them, as shall then be to be chosen, then next, shall be held
within the same, on the anniversary day hereby appointed for that pur-
pose ; and on such day, and at such place, the several inspectors attend-
ing, which shall be the major part of them, shall in full view and hear-
ing of the people, administer to each other, and respectively take at the
iMi^o£>M. ^^PC'^i^g ^^ ^^^ election, the following oath vizt. I do
solemnly and sincerely declare and swear, in the presence of Almighty
God, that I will in all things, well, faithfully, honestly and impartially,
and according to the best of my knowledge and abilities, execute the
PoU clerks, office of inspector of this election: And further that at every such
election as aforesaid, capable and sufficient clerks, not less than two, for
each ward, town, manor, district and precinct respectively, shall be
appointed by the inspectors, or the major part of them, to be the clerks
of every such court of election as aforesaid respectively ; each of whom
Chap. 15.J TENTH SESSION. 373
shall keep a poll list at every such election, under the direction and
view of the said inspectors respectively, or the major part of them ; and
the said inspectors or the major part of them respectively, shall preside
at every such election, and conduct and direct the same according to
the regulations herein prescribed, and be the returning officers thereof
respectively, in manner here in after directed; and before admitting any
person to vote at any such election, shall administer to each clerk, who
is hereby required to take the following oath vizt. I do sol- Oath of
-emnly and sincerely declare and swear in the presence of Almighty God, P^u clerks,
that I will faithfully, truly, honestly and impartially, enter and keep the
poll lists at this election; and in all things will faithfully, truly, honestly
and impartially, according to the best of my knowledge and abilities, do
perform and fulfil my duty as a clerk thereof:" And the inspectors and
clerks being thus sworn, the said inspectors shall cause proclamation to
be three times made, with a loud voice, as follows, vizt. " Hear ye ! Opening
hear ye ! heat ye ! The poll of this election is opened ; and all manner ®'p®^-
of persons attending the same are strictly charged and commanded by
the authority, and in the name of the people of this State, to keep the
peace thereof, during their attendance at this election, upon pain of
imprisonment : " Which proclamation shall be, in like nianndr made,
at the opening of the poll, upon every adjournment thereof ; and on
every adjournment of the poll, and on the closing thereof, proclamation
thereof respectively, shall be made with a loud voice; provided always^
that the proclamation whereby the same shall be closed, shall be pre-
ceded by a proclamation to be made three hours before the closing of
the poll, that the same will be closed at the expiration of three hours.
And the poll of every such election shall only be held open in the day
time, and not before sun rise, nor after sun set.
And be it further enacted by the authority aforesaid^ That the poll Two poll
lists for governor, lieutenant governor and senators, or such of them as jJl^tl^** ^
shall be to be chosen at any such election, shall be kept distinct and
seperate from those for member of assembly. And that no person shall
vote at any such election, out of the ward, town, manor, precinct or dis-
trict wherein he shall actually reside.
And be it further enacted by the authority aforesaid^ That the mode Manner of
of conducting every such election as aforesaid, shall be as follows, to ^°c1.?on8°*^
wit, every person respectively who shall be qualified according to the ballots for
constitution of this State and this law, to vote for governor, lieutenant fieuten^t-
governor and senators, shall at such election openly deliver his ballot f^d^aen-'^
for governor, lieutenant governor and senators, or such of them as shall ators.
be then to be chosen, to one of the inspectors, who shall receive the
same in the presence of the other inspectors attending at such election;
which ballot shall be a paper ticket containing the name of a person for
governor, and the name of a person for lieutenant governor, and the
names of so many persons for senators, as shall be then to be chosen in
that district wherein the elector shall reside, or such and so many of
them respectively, as are then to be chosen, and such elector shall think
proper to vote for, severally written upon the same paper-ticket, and
distinguishing who is voted for as governor, when a governor is to be
chosen, and who is voted for as lieutenant governor, when a lieutenant
governor is to be chosen, and who are voted for as senators. And the
said paper ticket shall be so folded or rolled up, and tied or otherwise
closed as to conceal the writing thereon. And on receipt of every bal-
lot or ticket for governor, lieutenant governor and senators, or any or
either of them, the inspectors shall cause the name of the elector to be
entered in the books or poll lists for governor, lieutenant governor and
374 LAWS OF NEW YORK. [Chap. 15.
senators^ or such of them as are then to be chosen, by all the clerks, and
shall cause the ballot, without suffering the same to be inspected, to be
put into a box to be provided for the purpose of receiving the ballots
for governor, lieutenant governor and senators, or such of them as are
then to be chosen, with a sufficient lock thereto; and which box shall
be locked, and the key thereof be kept during the election by one of
inspectors attending such election, to be appointed for the purpose by
the major part of them: and a small hole shall be made in the lid or
cover of the box, sufficient only to receive each ballot, and through
which all the ballots shall be put into the box, and which box shall only
Ballots for be opened at the times herein after mentioned. And further that every
of^uMm- ' person who shall be qualified according to the constitution of this State
Wy. and this law, to vote for members of assembly, shall at such election
openly deliver his ballot for members of assembly to one of the inspec-
tors, who shall receive the same in the presence of the other inspectors
attending at such election, and which ballot shall be a paper ticket con-
taining the names of as many persons for members of assembly, as are
then to be chosen for the county wherein such elector shall then reside,
or so many of them as such elector shall think proper to vote for, sev-
erally written upon the same paper ticket ; and the said paper ticket
shall be so folded or rolled up and tied, or other wise closed, as to con-
ceal the writing thereon. And on receipt of every ballot or ticket for
members of assembly the inspector shall cause the name of the elector
to be written in the books or poll lists for members of assembly, by all
the clerks, and shall cause the ballot without suffering the same to be
inspected to be put into a box to be provided for the purpose of receiv-
ing the ballots for members of assembly, with a sufficient lock thereto;
and which box shall be locked and the key thereof be kept during the
election, by one of the inspectors attending such election, to be appointed
for the purpose by the major part of them; and a small hole shall be
made in the lid or cover, sufficient only to receive each ballot, and
through which all the ballots for members of assembly shall be put into
the box, and which box shall only be opened at the times hereinafter
Adjourn-f mentioned. And further that on every adjournment of the poll, the
Slepoil/* clerks books or poll lists for governor, lieutenant governor, senators and
members of assembly, or such of them as are then to be chosen, shall be
carefully compared in the presence of the inspectors; and any mistakes
in either of them, shall be corrected according to the judgment of the
major part of the inspectors; whereupon the boxes shall be opened, the
books or poll lists put into them respectively, and the boxes then locked
with the books or poll lists therein, and the keys delivered to such one
of the inspectors as the majority of them shall appoint. And the seal
or seals of one or more of the inspectors shall be put upon the said
boxes, so as to cover the holes in the lids thereof. And the boxes shall
then be delivered to such other one of the inspectors attending such
election, as a majority of Ihem shall direct, who shall carefully keep the
same and shall without having suffered the same to be opened, or the
said seal or seals to be broken or removed, deliver the same boxes in at
the election table at the next opening of the poll, in the presence of all
the spectators attending on the said election, when and where the seals
shall be broken, and the boxes opened, and the poll books or lists taken
out, and the boxes again locked, in order to proceed in the said election;
which course shall be observed and pursued until the poll be closed.
Oaths to And be it further enacted by the authority aforesaid^ That whenever
&J!Sd to" ^^y person shall present himself to give his vote or ballot, at any such
eieotora election as aforesaid, as a freeholder qualified by the constitution of this
Chap. 15.] TENTH SESSION. 375
State, to vote for a governor, or lieutenant governor, and either of the upon ch^
inspectors shall suspect, or any other person entitled to vote at such <JI2utol-
election, shall challenge him to be unqualified for the purpose, the "<^'"-
inspectors shall tender and administer to him the following oath, to wit.
I do solemnly and sincerely swear and declare in the pres-
ence of Almighty God, that I am possessed of a freehold in my own
right (or in the right of my wife, as the case may be) of the value of one
hundred pounds within this State, over and above all debts charged
thereon; and that I am an actual resident of the ward, town, manor,
district or precinct of in the county of (as the
case may be) and have not been before polled in any part of this State,
at this election. And that whenever any person shall present himself to
give his vote for senators, and either of the inspectors shall suspect, or
any person intitled to vote at such election shall challenge him to be
unqualified for the purpose, the inspectors shall tender and administer
to him the following oath, to wit. " I do solemnly and
sincerely swear and declare, in the presence of Almighty God, that I am
possessed of a freehold in my own right, (or in the right of my wife, as
the case may be) of the value ef one hundred pounds within the county
of in the district (as designated by the consti-
tution of this State) over and above all debts charged thereon; and that
I am an actual resident, of the ward, town, manor, district or precinct
of in this county (as the case may be) and have not been
before polled, in any part of this State, at this election." And that
whenever any man shall present himself to give his vote or ballot for
members of assembly only, and either of the said inspectors shall suspect,
or any person present and intitled to vote at such eleceion, shall chal-
lenge him to be unqualified for the purpose, the inspectors shall tender
and administer, to him the following oath, vizt. " I do sol-
emnly and sincerely swear and declare, in the presence of Almighty
God, that I am and have been for six months next and immediately
preceding this election, a freeholder, and possessed of a freehold in my
own right, (or in my wife's right, as the case may be) of the value of
twenty pounds in the county of or have for six months next
and immediately preceding this election, rented a tenement of the yearly
value of forty shillings, within the county of and have been
rated and actually paid taxes to this State ; and that I now am an actual
resident of the ward, town, manor, district or precinct of ,
(as the case may be) and that I have not been polled before, in any part
of the said county, at this election;" And in case the elector shall
refuse to take the said oath when so tendered to him as aforesaid, he
shall lose his vote at the said election ; provided nevertheless^ that noth-
ing herein before contained, shall be construed to deprive the persons
who were freemen of the city of New York on the fourteenth day of
October, in the year of our Lord one thousend seven hundred and sev-
enty five, or freemen of the city of Albany on the twentieth day of April
in the year of oui Lord one thousand seven hundred and seventy seven,
and who shall be actually and usually resident in the said cities respect-
ively, and who may refuse to take the oath last above- contained, of the
right of voting for representatives in assembly, in the said cities, reserved
to them by the seventh article of the constitution of this State : Pro-
vided alsOy that whenever any man shall present himself to give his vote
or ballot as a freeman of the said city of New York, or city of Albany,
for representative in Assembly, and either of the inspectors shall suspect
him to be unqualified for the purpose, they shall tender to him the fol-
owing oath, to wit ; '* I do solemnly and sincerely swear
376 LAWS OF NEW YORK. [Chap. 15.
and declare, in the presence of Almighty God, that I now am and was
a freeman of the city of New York, before the fifteenth day of October
in the year of our Lord one thousand seven hundred and seventy five,
or a freeman of the city of Albany, before the twenty-first day of April
in the year of our Lord one thousand seven hundred and seventy seven,
(as the case may be) and that I now am an actual resident in
ward of the city of New York (or Albany, as the case may be,) and that
I have not been polled before at this election in any part of this State."
And in case such elector shall refuse to make such oath, when tendered
to him as aforesaid, he shall lose his vote at the said election.
Oath to Afid be it further enacted by the authority aforesaid^ That at every
sSroected ^uch election, the inspector shall tender and administer to each elector
dte^*°*tod P^^senting himself to vote at such election, if any or either of them shall
suspect that such elector is not well affected to the government of this
State, the following oath, to wit, ** I do solemnly without any
mental reservation or equivocation whatsoever, swear and declare and
call God to witness that I do abjure and renounce all allegiance and
subjection to the king of Great Britain, and to all and every other for-
eign king, prince, potentate, and State whatsoever, and that I will beax
true faith and allegiance to the State of New York, as a free and inde-
pendent State ; and that I will in all things to the best of my knowledge
and ability, do my duty as a good and faithfuU citizen of the said State
ought to do." And if any elector shall refuse to take the said oath
when tendered to him as aforesaid, he shall not be permitted to vote at
such election; and if at any such election the inspectors shall receive
the vote or ballot of any elector who upon being tendered the said oath
shall refuse to take the same, the person or persons so offending, shall
for each offence, forfeit the sum of five pounds, to any person who will
sue for the same, to be recovered with costs. And further it shall and
may be lawful for the inspectors at any such election, and they are
hereby required to administer the said oath to any elector who shall
voluntarily offer to take the same.
OloBlDg of And be it further enacted by the authority aforesaid^ That on closing
baiiotolmd ^^ P^H at every such election, the poll books or lists for governor, lieu-
poii lifltB tenant governor and senators, or such of them as were to be chosen at
ernorJVtc, such election, shall after due examination and correction thereof, be
iwered^ signed by the inspectors attending the closing of the poll, and the clerks
sheriff. who shall have kept the same poll books or lists respectively ; and the
box containing the ballots or tickets for governor, lieutenant governor
and senators, or such of them as were to be chosen at such election,
shall then be opened, and the ballots or tickets contained therein be
taken out, and without being inspected, shall together with the poll
books or lists be immediately put up under cover, and inclosed, and the
inclosure bound with tape and sealed in such manner as to prevent its
being opened without discovery, and the inspectors presenc at closing
the poll, shall then put their seals and write their names upon the same
inclosure, and one of the inspectors then present, to be appointed for
that purpose by a majority of them, shall deliver the same inclosure so
sealed up as aforesaid, to the sheriff of the county without delay. And
Ballots and further that the poll books or lists for members of assembly, shall, on
^r\nem- closing the poll at every such eleetion, after due examination and cor-
*^" °bi ruction, be signed by the inspectors attending at the closing of the poll,
to bedeiJv- and the clerks who shall have kept the same poll books or lists respect-
JJJj^j2 ively, and then the box containing the ballots or tickets for members of
clerk. assembly, shall be opened, and the ballots or tickets contained therein
taken out, and without being inspected shall together with the poll books
Chap. 15.] TENTH SESSION. 377
or lists for members of assembly be immediately put under cover and
inclosed and the inclosure bound with tape, and sealed in such manner
as to prevent its being opened without discovery: And the inspectors
present at closing the pqll shall then put their seals and write their names
upon the same inclosure, and one of the inspectors then present, to be
appointed for that purpose by a majority of them, shall deliver the same
inclosure so sealed up as aforesaid, to the clerk of the county without
delay, who shall carefully preserve and keep the same unbroken and
unopened, until the meeting of the persons appointed to canvass and
estimate the ballots therein contained, when he shall deliver the same
inclosure unbroken and unopened, to them.
And be it further enacted by the authority aforesaid^ That each and Sheriffs to
every sheriff of the respective counties in this State, shall upon receiving fote and***'
the said inclosures directed to be delivered to them as aforesaid, with- poll lists to
out opening or inspecting the same, or any or either of them, put the of*SiSte7
said inclosures and every of them into one box, which shall be well
closed and sealed up by him under his hand and seal, with the name of
his county wrote on the box, and be delivered by him, without opening
the same, or the inclosures therein contained, into the office of the sec-
retary of this State before the last Tuesday of May'in every year, where
the same shall be safely kept by the secretary of this State, or his deputy,
unbroken and unopened, until the meeting of the persons appointed to
canvas and estimate the ballots therein contained, when he shall deliver
all the said boxes unbroken and unopened, to them.
And be it further enacted by the authority aforesaid^ That a joint com- joint com-
mittee shall be appointed yearly and every year to canvas and estimate ^\^J^^
the votes for governor, lieutenant governor and senators, or such of them baUots for
as are then to be chosen; which committee shall consist of twelve mem- fijutenant-
bers, that is to say, six to be appointed by the senate out of their body, f2d^J°^J
and six to be appointed by the assembly out of their body; and such atore: can-
committee shaH be annually appointed, by resolutions of each body conSiKsted.
respectively, and shall meet at the office of the secretary of this State,
on the last Tuesday of May; at which meeting the said joint committee,
or a major part of them, or the survivors of them, or the major part of
such survivors, shall on the said day and on so many days next succeed-
ing thereto as shall be necessary for the purpose, proceed to open the
said boxes one after the other, and the inclosures therein contained
respectively, and canvas and estimate the votes therein contained: and
if the number of ballots in any inclosure shall exceed the number of
electors contained on the poll lists in the same inclosure, then the said
joint committee or other persons appointed to canvas such ballots, shall
proceed to draw out and destroy unopened so many of the said ballots
as shall amount to the excess, and shall proceed to canvas and estimate
the residue: And when and as soon as they shall be able to determine
upon such canvas and estimate, who by the greatest number of votes
shall have been chosen for a governor, if a governor was to be chosen,
and who, by the greatest number of votes shall have been chosen for
lieutenant governor, if a lieutenant governor was to be chosen, and who
by the greatest number of votes shall have been chosen for senators, and
within fourteen days next after the said last Tuesday in May, the said
joint committee, or the major part of them, or the survivors of them, or
the major part of such survivors, or other persons appointed to canvas
such ballots, shall determine the same; and thereupon without delay
make and subscribe with their own proper names and hand writing a
certificate of such determination, in a book to be kept for that purpose in
the said secretarys office, there to remain of record, and without delay
Vol. 2. — 48
378 LAWS OF NEW YORK. [Chap. 15.
deliver or cause to be delivered a true copy thereof so subscribed as
aforesaid to each of the persons so elected respectively, and to the per-
son administring the government of the State for the time being; and
another copy thereof subscribed as aforesaid, unto the senate, on the
first Monday in July in every year, or at the next meeting of the legisla-
ture thereafter. And when a governor or lieutenant governor shall be to
be chosen, the said joint committee, or the major part of then, or the sur-
vivors of them, or the major part of such survivors, or other persons
appointed to canvas such ballots, shall also cause true copies thereof,
subscribed as aforesaid, to be published in at least three of the public
news papers printed in this State. And when at any election a senator
is to be chosen in the room of one dead or removed from office, the said
joint committee or the major part of them, or the survivors of them, or
the major part of such survivors, or other persons appointed to canvas
such ballots shall also upon the said canvas and estimate, determine and
certify in the manner afforesaid, which of the persons chosen for sena-
tor at such election, is elected in the room of the person deceased or
removed from office ; and in order to enable them to determine the same,
it is hereby declared that when a senator is to be chosen in the room of
one dead or removed from office, and any elector does not on his ballot
designate who he votes for as senator in the room of the person deceased
or removed from office, then the person last named on the ballot shall
be taken to be voted for in the room of the person deceased or removed
from office, if the elector votes for the full number of senators then to
be chosen; but if he does not vote for the full number, then it shall be
supposed that he did not mean to vote for any person in the room of
the person deceased or removed from office ; and so in all cases where
more than one senator is to be chosen in the room of others either dead
or removed from office, the last person named on the ballot shall be sup-
posed to be voted for in the room of the person whose time of continu-
ance in office was nearest expiring at the time of his death or removal
from office, and the last but one in the room of the next ; and so on
unless otherwise distinguished on the ballot. AtuI further that immed-
Baiiotoand iately upon making such determination as aforesaid, all the poll books
^be d^ or lists and ballots or tickets for governor, lieutenant governor and sen-
stroyed. ators, and for each and every of them, shall be destroyed by the said
joint committee. And further, that in case no such committee should
If quorum be appointed, or if such committee should not meet as aforesaid on the
teedo S^t" last Tuesday in May in any year, then it shall be the duty of the secre-
'h^'wiior ^^^ ^^ ^^^^ State for the time being, to give notice thereof on the said
and justice last Tuesday in May, or within four days thereafter to the chancellor and
courfto™* the justices of the supreme court of this State, for the time being ; and
act. the chancellor and justices of the supreme court, or the major part of
them, shall be and hereby are in such case, authorised and required to
meet at the office of the secretary of this State on the second Tuesday
in June in the same year, and on that day, and on so many daj-s next
succeeding thereto as shall be necessary for the purpose, canvas and
estimate the said votes, and do, execute and perform all and every thing
and things in and about the premises, in the same manner as such joint
committee might or ought to have done. And moreover, when a major-
ity of the said joint committee, or a majority of the survivors of them,
or the major part of the said chancellor and justices of the supreme
court, shall meet as aforesaid for the purpose of canvassing and estimat-
ing the votes for governor, lieutenant governor and senators, or for any
of them, such majority shall be and hereby are authorised, empowered
and required, to proceed to such canvas and estimate; and all ques-
Chap. 15.] TENTH SESSION. 379
tions which shall arise upon such canvas and estimate, or upon any of
the proceedings therein, shall be determined according to the opinion of
the major part of the persons so met comformable to this act; and their
judgment and determination shall in all cases be binding and conclusive.
And further^ that the governor and lieutenant governor so elected, hav-
ing severally taken their respective oaths of office, shall severally enter
upon the execution of their respective offices, on the first day of July
then next ensuing. And that the senators so elected shall respectively
give their attendance and take their respective seats in senate, on the
first Monday of July in every year, or at the next meeting of the legisla- '
ture thereafter.
And be it further enacted by the authority aforesaid ^ That the said Oath to be
joint committee, and the chancellor and justices of the supreme court, ^^na^
or such of them as shall attend to make such canvas and estimate as attending
aforesaid, before they proceed to open any of the boxes delivered by votes,
the sheriffs as aforesaid, shall severally take and subscribe, before the
secretary of this State or his sworn deputy, or a master in chancery, the
following oath to wit, " I appointed by the senate or assembly,
as the case may be, to canvas and estimate the votes for governor,
lieutenant governor and senators or for lieutenant governor and sena-
tors, or for senators, as the case may be, taken at the last election held
within this State, (or I chancellor, or one of the justices of the
supreme court of the State of New York, (as the case may be) do
solemnly and sincerely swear and declare in the presence of Almighty
God, that I will faithfully, honestly and impartially canvas and estimate
the votes for governor, lieutenant governor and senators, or for lieuten-
ant governor and senators, or for senators (as the case may be) con-
tained in the boxes delivered into the office of the secretary of this
State, by the sheriffs of the several counties ; and that I will publish
and declare the person who hath the greatest number of votes for gov-
ernor, (if a governor was to be chosen at such election) to be elected to
the said office of governor, and the person who hath the greatest num-
ber of votes for lieutenant governor, (if any was to be chosen at such
election) to be elected to the said office of lieutenant governor ; and
the persons who have the greatest number of votes for senators, to be
elected to the said offices of senators respectively ; and if I shall discover
any of the other persons appointed a committee with me, (or who shall
attend with me) for the purpose aforesaid, conducting himself or them-
selves partially, unduly or corruptly in the premises, that I will divulge
and discover the same, to the end, that the person so offending may be
brought to justice." Which oath shall be entered of record by the sec-
retary or his deputy, in the same book in which the certificate of the
determination upon such canvas and estimate, is to be entered as afore-
said.
And be it further enacted by the authority aforesaid^ That the mayor. Mayor, re-
recorder and aldermen of the city of New York for the time being, or aPderaen^
the major part of them, shall be, and hereby are authorised and required to canvass
to canvas and estimate the votes for members of assembly for the said memiir'^of
city and county of New York, and shall yearly meet together for that f^™JJ'^
purpose, at the city hall of the city of New York, on the last Tuesday in York city.
May, in every year, and on that day, and on so many days next suc-
ceeding thereto as shall be necessary for the purpose, proceed to open
the said inclosures delivered to the clerk of the said city, and canvas
and estimate the votes therein contained ; and when and as soon as
they shall be able to determine upon such canvas and estimate, who,
by the greatest number of votes shall have been chosen for members of
'380
LAWS OF NEW YORK,
[Chap. 15.
fiupexrls-
ora to can-
vass votes
for mem-
bers of
assembly
In each
county.
If quorum
of super-
visors do
not attend.
Justices of
common
pleas to be
summoned
assembly for the said city and county of New York at the last preceeding
election, and within fourteen days after the said last Tuesday of May,
they shall determine the same ; and thereupon without delay make and
subscribe with their own proper names and hand writing a certificate of
such determination in a book to be kept for that purpose in the office
of the clerk of the city of New York, there to remain of record : and
without delay deliver, or cause to be delivered a true copy thereof so
subscribed as aforesaid, to each of the persons so elected respectively,
and to the person administring the government of this State for the
time being ; and shall also deliver or cause to be delivered another copy
thereof so subscribed as afpresaid, unto the assembly, on the first Mon-
day of July in every year, or at the next meeting of the legislature
thereafter ; and immediately upon'making such determination as afore-
said, all the poll books, or lists, and ballots or tickets for members of
assembly for the same city and county, shall be destroyed by the said
mayor, recorder and aldermen, or by some or one of them.
And be it further enacted by the authority aforesaid^ That the super-
visors of each and every of the other counties of this State for the time
being respectively, or the major part of them, shall be, and hereby are
authorised and required to canvas and estimate the votes for members
of assembly for their respective counties. And the supervisors of each
respective county for the time being, or the major part of them, shall
yearly meet together for that purpose on the last Tuesday of May in
every year, at the court house in the same county, if there be any, and
if not, or if there be more than one court house in such county, then
at the house or place where the then last court of sessions of the
peace for the same county was held ; and on that day, and on so many
days next succeeding thereto as shall be necessary for the purpose, pro-
ceed to open the said inclosures delivered to the clerk of the said
county as aforesaid, and canvas and estimate the said votes therein
contained ; and when and as soon as they shall be able to determine
upon such canvas and estimate, who, by the greatest number of votes,
shall have been chosen for members of assembly for the same county
at the last preceeding election, and within fourteen days after the said
last Tuesday of May, they shall determine the same, and thereupon
without delay make and subscribe, with their own proper names and
hand writing, a certificate of such determination, in a book to be kept
for that purpose in the office of the clerk of the same county, there to
Remain of record; and without delay deliver or cause to be delivered a
true copy thereof so subscribed as aforesaid to each of the persons so
elected respectively, and to the person administring the government
of this State for the time being. And shall also deliver or cause to be
delivered another copy thereof so subscribed as aforesaid, unto the
assembly, on the first Monday of July in every year, or at the first meet-
ing of the legislature thereafter. And immediately upon making such
determination as aforesaid, all the poll books or lists, and ballots or
tickets for members of assembly for the same county, shall be destroyed
by the said supervisors, or by some or one of them.
And be it further enacted by the authority aforesaid, That in case the
supervisors for the time being of any county, or a majority of them,
shall not meet as aforesaid on the last Tuesday of May in any year,
then the clerk of such county shall, on the said last Tuesday of May,
or within three days thereafter, give notice thereof to the judges and
assistant justices of the court of common pleas for the time being in
the same county; and the same judges and justices, or the major part of
them, shall be, and hereby are in such case, authorised and required to
Chap. 15.] TENTH SESSION. 381
meet together on the second Tuesday in June in the same year, at the
same place where the supervisors ought to have met, and on that day,
and on so many days next succeeding thereto as shall be necessary for
the purpose, canvas and estimate the votes for members of assembly
for the same county, and do, execute and perform all and every thing
and things in and about the premises, in the .same manner as the super-
visors of the same county, or the major part of them, might or ought to
have done.
And be it further enacted by the authority aforesaid. That if the number Exceas of
of ballots for member of assembly in any inclosure shall exceed the Sljf^'^to
number of electors mentioned on the poll lists contained in the same be de-
inclosure, then the said supervisors or other persons appointed to can- "'^^
vas such ballots, shall proceed to draw out and destroy unopened so
many of the said ballots as shall amount to the excess, and shall proceed
to canvas and estimate the residue; and if two or more ballots or tickets
shall be found folded or rolled up together, none of the ballots so folded
or rolled up together shall be estimated.
And be it further enacted by the authority aforesaid. That when a Determl-
majority of the said mayor, recorder and aldermen of the city of New minority'
York, or a majority of the supervisors of any county, or the major part j'Pw?^*?"
of the judges and assistant justices of the court of common pleas of any toU con-
county, shall meet as aforesaid, for the purpose of canvasing and esti- o^"*'^**
mating the votes for members of assembly as aforesaid, such majority
shall be, and hereby are authorised, empowered and required to proceed
to such canvas and estimate; and all questions which shall arise upon
such canvas and estimate, or upon any of the proceedings therein, shall
be determined according to the opinion of the major part of the persons
so met, and their judgment and determination shall in all cases be bind-
ing and conclusive.
And be it further enacted by the authority aforesaid^ That the members Term of
of assembly so elected, shall respectively give their attendance, and take SssSmbiy-
their respective seats in assembly on the first Monday of July in every ™«n ^
year, or at the next meetmg of the legislature thereafter. on first
And be it further enacted by the authority aforesaid. That the mayor j^iyf*^*^'
recorder and aldermen of the city of New York, or such of them as shall oath to be
make such canvas and estimate as aforesaid, and the supervisor and ^ember»
judges, and assistant justices of the court of common pleas of each of otoanvasa-
the other counties of this State, or such of them as shall make such *'*«*'®*^
canvas and estimate as aforesaid, shall, before they proceed to open
any of the inclosures containing the ballots for member of assembly,
severally take and subscribe the following oath, to wit, " I
mayor or recorder, or one of the aldermen of the city of New York, or
supervisor of in the county of or one of the judges,
or one of the assistant justices of the court of common pleas in the
county of do solemnly and sincerely declare and swear, in
the presence of Almighty God, that I will faithfully, honestly and impar-
tially canvas and estimate the votes for member of assembly for the city
and county of New York, (or for the county of ) contained
in the inclosures delivered into the office of the clerk of the same city
(or county), and that I will publish and declare the persons who have
the greatest number of votes for j;nember of assembly, to be severally
elected to the said office respectively; and that if I shall discover any of
the other persons who shall attend with me for the purpose aforesaid,
conducting or demeaning himself or themselves partially unduly or cor-
ruptly in the premises, that I will divulge or discover the same, to the
end that the person so offending, may be brought to justice." Which
382 LAWS OF NEW YORK. [Chap. 15.
oath shall be taken by the said mayor, recorder and aldermen of the
city of New York, before the clerk of the same city, or either of the jus-
tices of the supreme court, or a master in chancery, and shall be entered
of record by the clerk of the same city in the same book where the cer-
tificate of their determination is to be entered as aforesaid: And the
said oath shall be taken by. the supervisors or judges, and assistant jus-
tices of the court of common pleas, in each of the other counties respect-
ively, before the clerk, of any justice of the peace of the same county,
and shall be entered of record by the clerk of the same county, in the
same book where the certificate of their determination is to be entered
as aforesaid.
Penalty for And be it further enacted by the authority aforesaid^ That if any or
oOTTu^t*' either of the said joint committee, or the chancellor, or any or either of
conduct, the justices of the supreme court, or the mayor, or recorder, or any or
either of the aldermen of the city of New York, or any or either of the
supervisors, or judges, or assistant justices of the court of common pleas
in any county, or any inspector, shall be guilty of any partial or corrupt
or undue conduct or behaviour in the business by this act committed to
them, and be thereof convicted, he, and they, and evexy of them so con-
victed, shall suffer the same pains and penalties as in cases of wilful
and corrupt perjury; and shall, from and after siK:h conviction be utterly
disabled and disqualified to hold or enjoy any place or office in this
State; any pardon that may be issued by the person administring the
government of this State to the contrary hereof in any wise notwith-
standing.
Penalty for And be it further enacted by the authority aforesaid^ That if any or
S^OTform'*^ either of the said joint committee, or the chancellor, or any or either of
"'y- the justices of the supreme court, or the mayor or recorder, or any or
either of the aldermen of the city of New York, or any or either of the
supervisors or judges or assistant justices of the court of common pleas
in any county, or any inspector, sheriff or clerk, shall wilfully neglect to
perform the duties respectively required of them by this act, or shall be
guilty of any corrupt misbehaviour in any matter or thing in or relating
to the business committed to them respectively by this act, and be
thereof convicted, he, they and every of them so offending and con-
victed, shall forfeit and pay, for every such offence, the sum of two hun-
• dred pounds, to be recovered by action of debt, bill, plaint or informa-
tion, in any court of record; the one moiety thereof, to the use of any
person who shall prosecute for the same, and the other moiety thereof,
to the use of the people of this State. And if the prosecutor in any such
suit shall prevail, he shall likewise have judgment for and recover his
costs of suit against the person convicted. But if the person so pro-
ceeded against shall be acquitted, he shall recover double costs against
the prosecutor. And no process shajl issue to bring in the party accused,
until bond be filed in the office of the clerk of the court out of which
such process shall issue, in the penalty of two hundred pounds, with
two sufficient freeholders as sureties, such as the court shall approve,
to secure the defendant double costs, to become due on a dis-continu-
ance, withdrawing of the suit, or an acquittal, or neglect to bring the
same to trial within five terms after the appearance of the defendant to
answer the same.
Penalty for And be it further enacted by the authority aforesaid^ That if any per-
conductl'^ son shall be guilty of any disorderly conduct at any such election for
elections governor, lieutenant governor, senators and members of assembly, or
any of them, or of using any indirect, sinister or corrupt means to
influence any elector, or electors, in giving in his or their ballots, the
Chap. 15.] TENTH SESSION- 383
major part of the inspectors at such election, are hereby authorised,
empowered and required to commit the offender to the gaol of the
county, there to remain committed, for a space not exceeding thirty
days; and all sheriffs, under sheriffs, constable and gaolers, are hereby
strictly charged, commanded and required, to aid and obey the inspec-
tors herein.
And be it further enacted by the authority aforesaid^ That whoever Penalty for
shall, by bribery, menace or other corrupt means or device whatsoever, Sto?**^'
either directly, or indirectly, attempt to influence any free elector of this
State, in giving his vote or ballot, or deter him from giving the same, at
any election within this State, and shall thereof be convicted, such per-
son so offending and convicted, shall forfeit and pay for every such
offence, the sum of five hundred pounds, to be sued for, and recovered
by any person, and in the manner, and under the restrictions above
prescribed, in actions to be brought for neglect of duty or corrupt mis-
behavior, one moiety of which penalty shall be recovered to the use of
the person suing and prosecuting for the same, and the other moiety
thereof to the use of the people of this State; and on such conviction,
the person convicted, shall thenceforth and forever thereafter, stand and
be utterly disabled, disqualified and incapacitated, to hold exercise or
enjoy any office, or place of trust or profit, whatsoever within this State.
And be it further emuted by the authority aforesaid^ That no person' Personal
under the age of twenty one years, nor any person not a citizen of this a^from
State, or of one of the United States, shall have a right to vote at any ▼oting.
election in this State.
And be it further enacted by the authority aforesaid^ That every mort- J®"®?*
gagor while he continues in the occupation of the premises mortgaged, f^^oiders
and every mortgagee of a real estate to him and his heirs, after he
obtains possession of the mortgaged premises, and every person pos-
sessed of a freehold in right of his wife, shall be deemed and esteemed
a freeholder within the meaning of this act.
And be it further enacted by the authority aforesaid^ That all and Jf"^J{j
every person and persons, inhabitant and inhabitants of this State, who fle?froiii
at any time after the ninth day of July in the year of our Lord one JaJ^'J^j
thousand seven hundred and seventy six, and during the late war tmat.
between the king of Great Britain and the United States of America,
did voluntarily take up arms with the the British troops, or with the
Indians then at war with this State, or any of the United States; and
every person or person who did within the time aforesaid voluntarily
take any commission or appointment in the army or navy of the king
of Great Britain; and every person and persons who shall have acted as
captain, lieutenant, or master, of any privateer or privateers, or vessels
of war, to cruise against or commit hostilities upon vessels, property or
persons of any of the citizens of this State, or any other of the United
States, shall be and hereby is and are declared to be utterly disabled
disqualified and incapacitated to hold, exercise or enjoy, a seat in either
house of the legislature, or any office, or place of trust, honor or profit
whatsoever, within this State. Prainded always^ that nothing in this act
contained, shall be construed to disqualify persons who have not been
commissioned or employed otherwise than as officers of the militia, or
in doing militia duty, during the time aforesaid. And proznded further^
that nothing in this act contained shall be construed to disqualify any
person who has been naturalized since the said ninth day of July one
thousand seven hundred and seventy six.
And be it further enacted by the authority aforesaid^ That the act Aotredted
entitled "An act to regulate elections within this State '* and the second ^p«**®<*-
384
LAWS OF NEW YORK.
[Chap. i6.
section of the act entitled "An act for the better securing the indepen-
dence of this State, and to that end requiring all public officers and
electors within this State, to take the test oath therein contained," and
the second section of the act entitled "An act to preserve the freedom
and independence of this State, and for other purposes therein men-
tioned," and all laws heretofore made in this State, while the same was
the colony of New York, relating to the election of representatives to sit
in general assembly, shall be, and hereby are repealed
Manner of
conducting
town meet-
ings; jus-
tices of
the peace
to preside.
Persons
qualified
to vote.
Day on
which
town nieet-
inirs to be
beld.
CHAP. 16.
AN ACT for the more orderly holding of town meetings.
Passed the 14th of February, 1787.
Be it enacted by the People of the State of New York represented in
Senate and Assembly and it is hereby enacted by the authority of the same^
for the more orderly holding of town meetings, it shall be, and is hereby
made, the duty of the justices of the peace for the time being, to attend
at every town, precinct and district meeting, hereafter to be held in and
for the town, precinct and district in which they respectively reside;
and that the said justices of the peace, or such of them as shall attend
at such meeting, shall preside at, and superintend the same, and take
care that the business thereof be orderly and regularly conducted, and
shall, in case of dispute, determine who have, and who have not a right
to vote, or be elected, at such meeting according to law. And if no
justice of the peace shall reside in the town, precinct or district, at the
time of holding such meeting, then the clerk of the town, precinct or
district, who was elected at the last preceding meeting, shall preside at
such meeting, and have and exercise all the powers and authorities
hereby vested in the justices.
And be it further enacted by the authority aforesaid^ That every male
person, being a citizen of this State, who shall be above the age of
twenty one years, and shall have resided in any town, precinct or dis-
trict, six months next preceding such town, precinct or district meeting,
and paid taxes within the same, or shall be posessed of a freehold, or
shall have rented a tenement of the yearly value of forty shillings, for
the term of one year, within the same, shall have a right to vote at such
meeting, and no other person.
And be it further enacted by the authority aforesaid^ That the first
Tuesday in April in every year hereafter, shall be the anniversary day
of holding town meetings in the several towns, precincts and districts,
in the several counties of this State; and that no such town meetings
shall be held longer than two days, and shall only be held open between
sun rise and sun set, any law, usage or custom, to the contrary notwith-
standing.
Chap. 17.] TENTH SESSION. 385
CHAP. 17.
AN ACT authorizing the sheriff of Queens county to remove
his prisoners from the gaol in the city and county of New
York, and the sheriff of Dutchess county to remove his prison-
ers from the gaol in Ulster county.
Pas.sed the 14th of February, 1787.
Be it enacted by the People of the State of Neiv York, represented in Queens
Senate and Assembly ^ and it is hereby enacted by the authority of the same^ p?iTOner8
That the sheriff of Queens county shall, on or before the first day of to be re-
April next, remove a,ll his prisoners from the gaol at the city of New SSm New
York, to the gaol in Queens county aforesaid, and there confine them Yorkjaiu
and every of them in safe custody, until they respectively be discharged
by due course of law.
And be it further enacted by the authority aforesaid^ That the . sheriff Dutchess
of the county of Dutchess, shall on or before the first day of April p?uon^r8
next, remove all his prisoners from the gaol in Ulster county to the JJ^^^^
gaol in Dutchess county aforesaid, and there confine them and every from
of them in safe custody, until they respectively be discharged by due ^^^^ J***-
course of law.
And be it further enacted by the authority aforesaid^ That neither of Sheriffs
the said sheriffs shall be liable to any action or actions of escape, or for i^^pe
other action at law, for the removing of the said prisoners, or either of ^^ account
them ; and that if any action, bill, plaint, suit or information, shall be of prison-
commenced or prosecuted against the said sheriffs, or either of them, ^^^
for removing the said prisoners, or either of them, in pursuance of this
act, it shall and may be lawful for such sheriff to plead the general
issue, and to give this act, and the special matter in evidence ; and if
the plaintiff or prosecutor in any such action, bill, plaint, suit or infor-
mation, shall become non-suit, or discontinue, or cease to prosecute the
same, or if a verdict or judgment be given against him, or her, the
defendant shall recover double costs, for which he shall have like remedy
as in other cases, where costs by law are given to defendants.
And be it further enacted by the authority aforesaid^ That in case any Sheriff
prisoner or prisoners shall escape from the custody of either of the said ^J^pjd
sheriffs, in fiie time of his, her or their removal, and the sheriff, from prisoner
whom such prisoner or prisoners shall escape, shall not retake such taken in
prisoner or prisoners, and confine him, her or them, in the gaol to which ^^^^ ^*5^*
he, she or they ought to be removed by virtue of this act, within sixty
days next after such escape made, the same sheriff shall be liable to all
actions for such escape and escapes, in the same manner as he would
have been, if this act had not been made.
And be it further enacted by the authority aforesaid^ That so much Acts and
of the act entitled an act relative to the gaols in Suffolk, Kings, Queens, Sctsrecited
Richmond and Westchester counties, and for other purposes therein repealed,
mentioned, as authorized the sheriff" of Queens county, and the officers
and ministers of justice in and for the same county, to commit prison-
ers to the gaol of the people of this State, in the city and county of
New York, and the act entitled " An act enabling the sheriff and other
peace officers of Dutch'ess county, to imprison and confine certain
debtors and criminals in the gaol of Ulster county, shall be and hereby
are from and after the said first day of April next, repealed.
Vol, 2. — 49
386 LAWS OF NEW YORK. [Chap. i8.
CHAP, 18.
AN ACT concerning coroners.
Passed the 14th of February, 1787.
Coronere -^^ ^^ enacted by the People of the State of New York, represented in
'o be Senate and Assembly y and it is hereby enacted by the aut/iority of the same^
duty of. ' That in every county of this State, sufficient men shall be appointed to
be coroners, of the most wise and discreet men of the same county, who
know, will, and may best attend upon such offices. And further that
every coroner, upon notice, or being certified by the people of the
county, shall go to the places where any be slain, or suddenly dead,
or wounded, or where houses are broken open, or where treasure is said
to be found, and shall forthwith command twenty four good and lawful
men of the same county, to appear before him, at such place in the same
county as he may find most proper and convenient, and shall appoint,
and when they or any twelve or more of them, shall appear, the coroner
shall, upon their oath, and upon view of the body, when any is slain, or
suddenly dead, inquire, by what means and in what manner, the person
so dead came to his or her death, and whether the person so dead be
known or a stranger, and where he or she lay the night before, and if
such person was slain, where and when the same person was slain, and
whether it was in any house, field, bed, tavern or company, and who
were there, if any, and who were guilty, and in what manner, either of
the act, or as accessary, and who were present, either men or women, of
what age soever they be, if they can speak, or have discretion: and such
as shall be found guilty by inquisition, in any of the manners aforesaid,
shall be taken and delivered to the sheriff, and shall be committed to the
gaol; and if any person shall be found dead in the fields or in the woods,
it shall be inquired, whether he or she was slain there or not; and if the
body so found were brought and laid there, they shall do so much as
they can, to follow the steps of those who brought the body thither;
and if any person be found guilty of murder, the coroner shall immed-
iately go into his house, and shall inquire how much land he hath, and
what it is worth yearly, and what corn he hath upon the ground, and
what goods and chattels he hath, and shall value the same lands, goods
and chattels, as if they should be immediately sold, and thereupon the
coroner shall seize and be answerable for the same. And immediately
after such inquiry shall be made, the bodies of such persons, being slain
or suddenly dead, shall be buried. And in like manner it is to be
inquired of persons that be drowned, or suddenly dead, when their bodies
be found, whether they were so drowned, or slain, or strangled, or killed
by any other and what hurt found upon their bodies; whereupon the
coroner and jury shall proceed in manner aforesaid. And in like man-
ner it is to be inquired of them that die in prison, or be killed by misfor-
tune. And the coroner ought also to inquire of treasure that is found, who
were the finders ; and likewise who is suspected thereof ; and such as be
so found may be attached by the coroner, and bound, with at least two
sureties, to appear before the justices of the next gaol delivery in the
same county, to answer the premises. And moreover, if any be appealed
of rape, they shall be taken and delivered to the sheriff, and be com-
, mitted to the gaol, if the appeal be fresh, and there be apparent sign of
I truth, by effusion of blood, or an open cry made. But if there was no
Chap, i8.] . TENTH SESSION. 387
cry, nor any manifest sign or token of the truth of the appeal, the defend-
ant shall be bound, with two or more sufficient sureties, to appear before
the justices of the next goal delivery in the same county, to answer the
premises. And upon appeals of wounds and such like, especially if the
wounds be mortal, the parties appealed shall be taken and delivered to
the sheriff, and shall be committed to the goal, and kept until it be per-
fectly known whether the person hurt shall recover, or not: and if the
person hurt die, the defendant shall be kept ; but if the person recover,
the defendant may be let to main prize, by one of the justices of the
supreme court, but by none other. And if the wounds be not mortal,
or if the appeal be for a maim, the defendant shall be bound, with two
or more sureties, to appear before the justices of the next goal delivery
in the same county, to answer the premises. And also all wounds ought
to be viewed, the length, dreadth and depth, and how many wounds
there be, and with what weapons they were made, and in what part of
the body the wound or hurt is, and who are guilty, and if there be many
wounds, who gave each particular wound. And if any be appealed of
any act done as principal, they that be appealed as accessary shall also
be taken and safely kept in gaol, until the principals be attainted or
delivered. And if any be suspected of the death of any person, or of
doing any hurt to any person, so as to endanger life, such person so sus-
pected shall be taken and imprisoned as aforesaid ; all which things
must be inrolled in the roll of the coroners. And moreover hue and cry
shall be levied for all murders and burglaries, and for men slain, or in
peril to be slain; and all persons shall follow the hue and cry, and pursue
the offenders as near as can be ; and "he that doth not, and is convict
thereupon, by the record of the coroner, shall be attached to be before
justices of the next gaol delivery in the same county, to answer the
premises. And further that all coroners shall deliver their inquisitions
and rolls, before the justices of the next gaol delivery in their respective
counties, and the same justices shall proceed thereupon against the
offenders, if they be in gaol, and if not, the same justices shall
deliver the same inquisitions and rolls into the supreme court, there to
be proceeded upon according to law.
And be it further enacted by the authority aforesaid^ That every coro» coroner to
ner, upon any inquisition before him found, whereby any person or per- S^nceln
sons shall be indicted of murder or man slaughter, or as accessary or writincin
accessaries to the same, before the murder or man slaughter committed, ^?(fer,
shall put in writing the effect of the evidence given to the jury before ejc-i »"*
him, being material; and every such coroner is hereby authorized and nwseTby
required, to bind all such by recognizance, as do declare any thing JJJSeto
material to prove the said murder or manslaughter, or to prove any per- appear,
son or persons to be accessary or accessaries to the same, to appear at
the next gaol delivery to be holden within the county or city where the
trial thereof shall be, then and there to give evidence against the party
so indicted, at the time of his or her trial; and shall certify, as well the
same evidence, as such recognizance and recognizances, in writing, as
he shall take, together with the inquisition or indictment before him
taken and found, to the same court, at or before the time of the trial of
the party so indicted: And in case any coroner shall be remiss and do
not take inquisition as aforesaid, or do not certify as is before ordained,
or shall offend in any thing contrary to the true intent and meaning of
this act, the justices of gaol delivery of the county or city, where such
offence shall be committed, upon due proof thereof, by examination
before them, shall, for every such offence, set such fine upon every of
the same coroners, as the same justices of gaol delivery shall think meet,
388
LAWS OF NEW YORK-
[Chap. 19.
Returns
signed by
one coro-
ner to be
of full
effect as If
slirned by
all.
and estreat the same as other fines and amerciaments assessed before
justices of gaol delivery, ought to be estreated.
And be it further enacted by the authority aforesaid^ That any return
made and signed by any one of the coroners for the time being, in any
of the counties of this State, to any future process, except process for
summoning juries, which shall issue from and out of any court of record
in this State, directed to the coroners of the said counties respectively,
shall, and is hereby declared to be as good and valid in law to all in-
tents, constructions and purposes, as if such return was made and
signed by all the coroners of the said counties respectively ; but the act
or return of any one or more of the coroners, shall in no degree preju-
dice the rest.
CHAP, 19.
Executors
may have
writs of
account.
Actions of
trespass
for and
against
executors
for things
done in
testator^s
life-time.
Actions
against
executors.
AN ACT concerning executors and administrators.
Passed the 14th of February, 1787.
Be it enacted by the people of the State of Netv York, represented in
Senate and Assembly^ and it is hereby enacted by the authority of the same^
That from henceforth executors shall have a writ of account, and the
same action and process in the same writ, as the testator might have
had if he had lived.
And be it further enacted by the authority aforesaid, That executors
shall and may have an action for a trespass done to their testator, as of
the goods and chattels of the same testator carried away in his life time,
against the trespassers, and recover their damages in like manner as the
person whose executors they be, should have had, if he or she were in
life. And where any testator or intestate, shall, in his life time, have
taken or carried away, or converted to his or her use, the goods or
chattels of any person or persons, such person or persons, his, or her
eicecutors or administrators, shall have and maintain the same action
against the executors or administrators of such testator or intestate, as
he, she or they might have had or maintained, against such testator or
intestate, and shall have the like remedy and process for the damages
recovered in such action, as are now had and allowed in other actions
against executors or administrators.
And be it further enacted by the authority aforesaid. That in actions
against divers executors, all the same executors shall be considered as
one person, representing the person of the testator ; and although the
sheriff answer at the summons, that some of them have nothing whereby
he, she or they may be summoned, yet there shall be an attachment
awarded upon him, her or them ; and if the sheriff answer, that he, she
or they have nothing whereby he, she or they may be attached, the
great distress shall be awarded, and he, she or they, that do first appear
in the court, shall answer to the plaintiff; and in case judgment shall
pass for the plaintiff, he, or she shall have his or her judgment and exe-
cution, against him, her or them, that have appeared, according to the
law heretofore used, and against all others named in the writ, of the
goods of the testator, as well as if they had all appeared. But it is to
be understood, that if any in such case will sue according to the law
that hath been antiently used, he, or she may freely do it, notwithstand-
ing this statute.
Chap. 19.] TENTH SESSION. 389
And be it further enacted by the authority aforesaid^ That executors of Executors
executors shall have actions of debt, account, and of goods carried away, ^iS^ISJ?"
of the first testator, and execution of judgments obtained by or recog- tionaby.
nizances made to the first testator, in any court of record, in the same
manner as the first testator should have had, if he were in life, as well
of actions of the time past, as of the time to come: And that the same
executors of executors, shall answer to others, of as much as they have
recovered of the goods of the first testator, as the first executors should,
do if they were in full life.
And be it further enacted by the authority aforesaid^ That where any Adminis-
person dieth intestate, the widow or next of kin, or any of them, of the ^Som"'^
deceased person, if they or either of them will accept the same, and if grwited;
not, some other proper person or persons shall be deputed, to administer SdminiaT
the goods of the intestate, and that such administrators shall have actions Orator.
to demand and recover as executors, the debts due to the said person
intestate, and shall answer to others to whom the intestate was holden
and bound, in the same manner as executors shall answer, and shall be
accountable as executors be in case of testament, as well of the time
past as the time to come.
And be it further enacted by the authority aforesaid^ That a writ of Writs of
ideraptitate nominis shall and may be granted, and made good and tatenomi-
maintainable for the executors of every testator, and the administrators »*»•
of every person dying intestate, to the same effect, as the same action
of idemptitate nominis would have been maintainable for the testator,
or intestate, if such testator or intestate were in life, and were or might
have been molested or grieved because or by colour of any outlawry,
of any person having such and the like names as the same testator or
intestate had.
And for as much as it is sometimes practiced, to the defrauding of Provisions
creditors, that such persons as are to have the administration of the venti'r?^
goods of others dying intestate committed unto them, if they require it frauds on
will not accept the same, but suffer or procure the administration to be Sreon^
granted to some other of mean estate from whom themselves, or others i,j2^^ate
by their means do take deeds of gifts and authorities by letters of
attorney, whereby they obtain the estate of the intestate into their
hands, and yet stand not subject to pay any debts owing by the same
intestate, and so the creditors for want of knowledge of the place of
habitation of the administrator cannot arrest or sue him or her; and
if they happen to find him or her out, yet for want of ability in him, or
her to satisfy, of his or her own goods, the value of that he or she hath
conveyed away or wasted, of the intestates goods, or released of his or her
debts the creditors cannot have or recover their just debts. Therefore
be it further encuted by the authority aforesaid^ That every person and
persons who shall obtain, receive and have, any goods or debts of any
person dying intestate, or a release or other discharge of any debt or
duty that belonged to the intestate, upon any fraud as is aforesaid, or
without such valuable consideration as shall amount to the value of the
same goods or debts, or near thereabouts, (except it be in or towards
satisfaction of some just and principal debt, of the value of the same
goods or debts to him or her owing by the intestate, at the time of his
or her decease,) shall be charged and chargeable, as executor of his or
her own wrong, and so far only as all such goods and debts coming to
his or her hands, or whereof he or she is released or discharged by such
administrator, will satisfy; deducting nevertheless, to and for himself,
allowance of all just, due and principal debts upon good consideration,
without fraud owing to him or her, by the intestate, at the time of his
390 LAWS OF NEW YORK. [Chap. 20.
or her decease, and of all other payments made by him or her, which
lawful executors or administrators, may, and ought to have and pay, by
the laws of this State.
Execution And be it further enacted by the authority aforesaid^ That where any
in*?avorof judgment hath been or shall be had, by or in the name of any executor,
executor or administrator, and every such case an administrator de bonis non,
iRtrator " niay sue forth a scire facias, and have and take execution upon such
judgment.
Executors, And be it further enacted by the authority aforesaid^ That all and every
e^'cutors ^he executors and administrators of any person or persons, who as
and admin- executor or executors, either of right, or in his, her, or their own wrong,
liable for or as administrator or administrators, hath or have wasted or converted,
waste. Q^ hereafter shall waste or convert, any goods, chattels, estate or assets
of any person deceased, to his her or their own use, shall be liable and
chargeable, in the same manner, as his, her or their testator or intestate
would have been, if living.
Actions of And be it further enacted by the authority aforesaid^ That actions
aga?ns"' of account, shall and may be brought and maintained against the execu-
executors. ^ors or administrators of every guardian, bailiff and receiver.
Inventoiy And be it further enacted by the authority aforesaid^ That the executor
to befmade ^nd executors named by the testator, or person deceased, or such other
by execu- person or persons to whom administration hath been, or shall be com-
tors and •
adminis- mitted, where any person hath died or shall die intestate, or by way of
trators. intestate, calling or taking to him, her or them, such person or persons,
two at the least, to whom the said person so dying was indebted, or
made any legacy, and upon their refusal or absence, two other honest
persons, being next of kin to the person so dying, and in their default
or absence, two other honest persons, and in their presence and by their
discretion, shall make or cause to be made, a true and perfect inventory
of all the goods, chattels, wares and merchandize, as well moveable as .
not moveable whatsoever, that were of the person so deceased and the
same shall cause to be indented; whereof the one part shall be, by the
said executor or executors, administrator or administrators, presented
and delivered to the judge of the court of probate, or to the surrogate
in whose office the testament of such person so dying was proved, or
administration committed, upon the oath or oaths of such executor or
executors, administrator or administrators, to be taken before the said
judge or surrogate, that the same inventory is just and true; and the
other part of the same inventory, shall remain with the said executor or
executors, administrator or administrators.
CHAP. 20.
AN ACT for the better apprehending of felons.
Passed the 14th of February, 1787.
Appre- Be it eftacted by the People of the State of New York^ represented in
fe^ions"* ^^ Senate and Assembly^ and it is hereby enacted by the authority of the samc^
public out- That when any murder, robbery, burglary, burning of houses, theft or
other felony, shall be committed, cries thereof shall be solemnly made
immediately, in all the towns, markets and places of public resort, near
where the same felony shall be committed, so that no man, by ignorance,
may excuse himself; and that fresh pursuit after such robbers and fel-
Chap. 22.] TENTH SESSION. 391
ons, shall be forthwith made, from town to town, and from county to^
county, by horsemen and footmen, to apprehend and arrest the same
robbers and felons. And further ^ that all men generally be ready, and Persons
armed and accoutred, at the commandment and summons of sheriffs, J|^^*n|i2
coroners, bailiffs, constables and marshalls, and at the cry of the icoun- outcry
try, to pursue and arrest felons, whenever there shall be occasion, as puoig^
well within franchise as without; and they who will not do so, and be ™«ot.
thereof convicted, either in the supreme court, or before justices author-
ized or assigned to hear and determine, or before the justices of the
peace, at their general sessions, in or for the city or county where such
neglect shall happen, shall be punished by fine, accprding to the discre-
tion of the justices of the same court. And if any sheriff, coroner. Penalty for
bailiff, constable or marshal, within any franchise;, or without, for reward, Suty^Sy**'
or for prayer, or for fear, or for any manner of affinity, or for any other sheriff or
cause, shall conceal or consent, or procure to be concealed, any felony Ser.**^ ^
whatsoever ; or will not attach or arrest such felons when he may, or
otherwise will not do his office, for favour to such misdoers, or for any
otiier cause, and be thereof convicted, in any such court as aforesaid,
he and they and every of them, so offending, shall be punished by fine
and imprisonment, according to the discretion of the justices of the
same court.
CHAP. 21.
AN ACT for the punishment of the vice of buggery.
Passed the 14th of February, 1787.
Be it enacted by the People of the State of Netv York, represented in Bugpr>'.
Senate and Assembly ^ and it is hereby enacted by the authority of the same, §« deaUi*.'*
That the detestable and abominable vice of buggery, committed with
mankind, or beast, shall be from henceforth adjudged felony; and such
order and form of process therein shall be used against the offenders, as
in cases of felony at the common law; and that every person being
thereof convicted, by verdict, confession, or outlawry, shall be hanged
by the neck, until he or she shall be dead.
CHAP. 22.
AN ACT concerning murder.
Passed the 14th of February, 1787.
Be it enacted by the People of tJie State of New York^ represented in Murder of
Senate and Assembly, and it is hereby enacted by the authority of the same, S^nse^pun^
That all wilful killing by poisoning of any person or persons, done, per- Uhabie by
petrated or committed, or that at any time hereafter, shall be done, per- ^®*'^*
petrated or committed, shall be adjudged taken and deemed, wilful
murder of malice prepense ; and the offenders therein, their aiders,
abettors, procurors and counsellors, shall suffer death, and forfeit in
every behalf, as in other cases of wilful murder of malice prepense.
And be it further enacted by the authority aforesaid^ That if any person wuifui
or persons shall stab or thrust any person or persons, that hath not then pu"ni8habie
any weapon drawn, or that hath not then first stricken the party who by death.
392 LAWS OF NEW YORK. [Chap. 22.
shall so stab or thrust, so as the person or persons so stabbed or thrust
shall thereof die, within the space of six months then next following,
although it cannot be proved that the same was done of malice afore-
thought, every such unlawful killing shall be adjudged taken and deemed
wilful murder. And the offenders therein, their aiders, abettors, pro-
curers and counsellors, shall suffer death, and forfeit in every behalf, as
Pereons in Other cases of wilful murder of malice prepense : But this shall not
seif^e?" extend to any person or persons who shall kill any person or persons in
fense, etc. his, her or their own defence, or by misfortune, or m any other manner
then as aforesaid; nor to any person or persons who, in keeping and
preserving the peace, shall chance to kill any person or persons, so as
such killing be not done wittingly, willingly and of purpose, under pre-
text and colour of keeping the peace; nor to any person or persons,
who, in chastising or correcting his her or their child or servant, shall,
contrary to his her or their intent and purpose, chance to kill such child
or servant.
Murder by And be it further enacted by the authority aforesaid^ That when a ser-
wife?"****^ vant killeth his master, or a wife her husband of malice prepense, such
offences shall be deemed and adjudged to be, and shall be punished, as
murder.
Killing of And be it further enacted by the authority aforesaid^ That if any evil
attempting disposed person or persons, shall attempt feloniously to rob or murder
to murder any person or persons, in or nigh any high-way, or in his or their man-
sion house or dwelling place, or shall feloniously attempt to break any
dwelling house in the night, and shall happen, in his or their being in
such their felonious attempt, to be slain by him, her or them, whom the
said evil doers shall so attempt to rob or murder, or by any person or
persons being in the dwelling house, which the same evil doers shall
attempt buglariously to break by night, then and in every such case, if
the person or persons so happening to kill any such person or persons
so attempting to commit any such murder, robbery or burglary, shall be
indicted or appealed, of or for the death of such evil disposed person or
persons, so attempting to commit murder, robbery or burglary as afore-
said, if it be found by verdict, that the party so indicted or appealed,
killed such evil disposed person or persons, in such felonious attempt,
the party so indicted or ^tppealed, shall not forfeit or lose any thing for
the death of such evil disposed person, in manner aforesaid slain, but
shall be thereof and for the same, fully acquitted and discharged, in
like manner as the same person or persons should be, if he, she or they,
were lawfully acquitted of the death of the said evil disposed person or
persons.
If kininK And be it further enacted by the authority aforesaid^ That upon all
done'in'*** indictments and appeals of or for the death of any person or persons, if
seif-de- it be found by verdict, that the party indicted or appealed killed the
i| onaA OOP* •
son chaw- person or persons for whose death he she or they is ace or shall be
acq^iStted. J^^^^ted or appealed, in his, her or their own defence, or by misfortune,
then and in every such case, the party so found by verdict, to have
killed the person or persons for whose death, he, she or they is are or
shall be indicted or appealed, in his, her or their own defence, or bv
misfortune as aforesaid, shall not forfeit or lose any thing for the death
of the same person or persons so killed, but shall be thereof and for the
same, fully acquitted and discharged.
n killing And be it further enacted by the authority aforesaid^ That upon all
i^"dmie^ln indictments and appeals, of or for the death of any person or persons,
effort to if it be found by verdict, that the party indicted or appealed happened
soETkii^" to kill the person or persons, for whose death, he, she or they is, are or
Chap. 23.J TENTH SESSION. 393
shall be indicted or appealed, in attempting or endeavouring by any for felony,
lawful ways or means, to apprehend, take or arrest the same person or SSSJed
persons, for any treason or felony, done and committed, or hereafter to ^ be
be done and committed, or in the lawful defence, of his, her or their ^^^ '
husband, wife, parent, child, master, mistress or servant, or in suppres-
sing any riot, or in keeping and preserving the peace, or in lawfully
chastising or correcting, his, her or their child or servant, then and in
every such case, the party so found by verdict, to have killed the person
or persons, for whose death he, she or they is, are or shall be indicted
or appealed, shall not forfeit or lose any thing for the death of the same
person or persons so killed, but shall thereof and for the same, be fully
acquitted and discharged.
CHAP. 23.
AN ACT for preventing and punishing rapes, and the forcible
taking of women.
Passed the 14th of February, 1787.
^f it enacted by the People of the State of New York represented in Carnal
Senate and Assembly and it is hereby enacted by the autJwrity of the same^ o??em^*
That if any person shall unlawfully and carnally know and abuse, any child
woman child, under the age of ten years, every such unlawful and carnal yemde-
knowledge, shall be deemed and adjudged to be a rape, and felony; and ^^^
every offender, being thereof duly convicted or attainted, shall suffer peniity.
death for the same.
And be it further enacted by the authority aforesaid^ That if any per- Ravishing
son shall by force ravish a married woman, or maid, or any other woman, byfSrce^
it shall be deemed and adjudged felony ; and every offender being declared
thereof duly convicted or attainted, shall suffer death for the same, penalty.
And in all cases of rape, the offenders may be prosecuted and punished
at the suit of the people of this State, as well as by appeal at the suit
of the party.
And whereas women, as well maidens, as widows and wives, having Unlawful
substance, some in goods moveable, and some in lands and tenements, i^mwt^'
and some, being heirs apparent unto their ancestors for the lucre of such punishable
substance, be sometimes taken by misdoers, contrary to their will, and ^
afterwards married to such misdoers, or to others, by their assent, or
defiled. For prevention whereof, Be it further enacted by tJie authority
aforesaidy That if any person or persons, shall take any woman so
against her will, unlawfully, that is to say, maid, widow or wife, such
taking, and thej)rocuringand abetting to the same, shall be felony; and
every offender, being thereof duly convicted or attainted, shall suffer
death for the same : And that such misdoers takers procurators and
abettors to the same in form aforesaid, shall be reputed and judged as
principal felons; but this clause of this act shall not extend to any per-
son taking any woman, only claiming her as his ward, or bond woman.
Vol. 2. — 50
394 LAWS OF NEW YORK. [Chap. 25.
CHAP. 24.
AN ACT to prevent encroachments of the court of admiralty.
Passed the 14th of February, 1787.
Court of Be it enacted by the People of the State of New Yorky represetited in
Jurisdu--^' 6Wwf/er and Assembly^ and it is hereby enacted by the authority of the same,
tioQof.' That the court of admiralty of this State shall not meddle or hold plea
of any thing done within this State, but only of things done upon the
sea, as it hath been formerly used; and further that of all manner of
contracts, pleas and quarrels, and of all other things done, arising within
the body of any county of this State, as well by land as by water, and
also of wreck of the sea, the court of admiralty shall have no manner of
cognizance, power nor jurisdiction; but all such manner of contracts,
pleas and quarrels, and all other things arising within the body of any
county, of this State, as well by land as by water as aforesaid, and also
wreck of the sea, shall be tried, determined, discussed and remedied,
by the laws of the land, and not before, nor in or by the court of admi-
ralty. Nevertheless of the death of any person and of maihem done in
ships or vessels being and hovering in the main stream of great rivers
out of the body of any county, or nigh to the sea, and in none other
places of the same rivers, the court of admiralty shall have cognizance.
And moreover that as touching a pain to be set on the judge of the court
of admiralty, this statute and the common law shall be holden against
him : and that any person who shall be aggrieved, against the form of
this statute, shall have his action by writ grounded upon the case, against
him that doth so pursue in the court of admiralty, and recover his
double damages against the pursuant, and the same pursuant shall incur
the pain of ten pounds to the people of this State for the pursuit so
made, if he be convicted.
Act not to Provided always, ihdX nothing in this act shall extend to any libel,
fibSftfe^. information or suit in the court of admiralty, for or concerning the for-
uDderoua^* feiture of any goods, wares or merchandize, seized or to be seized, by
lomaact. yjj^^^ ^^ ^^ ^^^ intitled "An act imposing duties on certain goods, wares
and merchandize, imported into this State.
CHAP. 25.
AN ACT for the relief of Arthur Noble, and others.
Passed the 15th of February, 1787.
Preamble. Whereas it is represented to the legislature, that Arthur Noble hath
been at great expence, in order to obtain lands in this State, for the
settlement of one hundred families ; but by unavoidable accidents,
hath been hitherto frustrated in his intentions. And whereas the intro-
duction and actual settlement of a number of industrious families on
the fronties * of this State, would be for the general advantage thereof,
commis- Be it enacted by the People of the State of New Yorky represented in
land^offlco ^^^^l^ ^^d Assembly ^ and it is hereby enacted by the authority of the same^
to srrant That it shall and may be lawful for the commissioners of the land office,
hmda'to to grant to the said Arthur Noble, a quantity of land equal to one
* So in original.
Chap. 26.] TENTH SESSION. 395
township of ten miles, or two townships of eight miles square, of the ^^^^^
waste and unappropriated lands in any part of this State, on such terms
and conditions, as to them shall appear most conducive to the interest
thereof, on his, the said Arthur Noble's paying into the treasury of this
State, at and after the rate of one shilling per acre, in certificates made
receivable by law in the treasury, on the sale of unappropriated land.
A?ui whereas Joshua Mersereau by his petition hath represented, that J^g^j^
he lately purchased at public vendue several parcels of waste and un- Mersereau.
appropriated lands, and that by unavoidable accidents he was prevented
from making payment for the same, within the time limited by law.
Therefore, be it further enacted by the authority aforesaid^ That it shall
be lawful for the commissioners of the land office, to grant letters patent
to the said Joshua Mersereau, for the lands so by hira purchased, upon
his paying for the same in such manner, and within such time, as the
said commissioners shall direct.
And whereas Sluman Wattles, has by his petition to the legislature id., to
set forth, that he was intitled to lands upon an equitable claim, and wauf^.
thro' ignorance of the act, entitled " An act for the speedy sale of the
unappropriated lands within this State, and for other purposes therein
mentioned," passed the fifth day of May, one thousand seven hundred
and eighty six, he neglected to pay for the said lands, within the time
limited by the said act. Therefore, be it further enacted by the autJiority
aforesaidy That it shall and may be lawful for the commissioners of the
land office, to grant letters patent to the said Sluman Wattles, for so
much land, as it shall appear to the said commissioners he has a just
and equitable claim to, on his paying into the treasury, one shilling per
acre for the said lands, in such certificates as are made receivable by
the said act, and within such time, as the said commissioners shall
direct.
CHAP. 26.
AN ACT for preventing of vexations and oppressions by arrest.
Passed the i6th of February. 1787.
Be it enacted by the People of the State of New York, represented in Sheriffs
Senate and Assembly, and it is hereby enacted by the authority of the same^ Slracere t^
That all and every sheriff, under sheriff, coroner, gaoler and other officer, let all per-
shall let out of prison all manner of 'persons by them or. any of them ld°on cmi^
arrested, or to be arrested, or being in their custody by force of any gjjf®*®'**
writ, bill or warrant, in any personal action, or by reason of any indict-
ment for trespass, upon reasonable sureties, of sufficient persons having
sufficient within the counties where such persons be so let to bail or
mainprize, to keep their days, in such place as the said writs, bills or
warrants shall require, (except such person or persons as be or shall be
in their ward, by condemnation, execution, capias utlagatum, surety of
the peace, and all such persons as be or shall be committed to ward, by
special commandment of any court or justices) and that no sheriff, or
any of the officers or ministers aforesaid, shall take or cause to be taken,
or make any obligation, for any cause aforesaid, or by colour of their
office, of any person, or by any person who shall be in their ward by
course of law, but only to themselves, and by the name of their office,
and upon condition written, that the said prisoners shall appear at the
396
LAWS OF NEW YORK.
[Chap. 26.
Persons
arrested,
except in
instaoces
recited,
not re-
quired to
five baii
Q a sum
exceeding
forty
pounds.
Appear-
ance of
person
bailed
worlcs a
discharge
of bail.
When
non-suit
may be
entered
against
plaintiff.
day contained in the said writ, bill or warrant, and in such places as
the said writs, bills or warrants shall require; and if any of the said
sheriffs, officers or ministers aforesaid, take any obligation in other form,
by colour of their offices, it shall be void. And further, that if any
sheriff or Other officer, or minister aforesaid, return upon any person
that he hath taken the body, or that such person hath surrendered him-
self, such sheriff or other officer or minister aforesaid, shall be charge-
able to have the body of such person at the days of the returns of the
said writs, bills or warrants, in such form as they were before the mak-
ing of this act.
And be it further enacted by the authority aforesaid. That no person or
persons who shall happen to be arrested by any sheriff, under sheriff,
coroner, minister or other officer, or any other person or persons whom-
soever having or pretending to have authority or warrant in that behalf,
by force or colour of any writ, bill or process, issued or to be issued out
of the supreme court (except writs of capias utlagatun, attachments upon
rescous, attachments upon contempt, and attachments of priviledge at
the suit of any priviledged person,) in which said writ, bill or process,
the certainty and true cause of action is not expressed particularly, and
for which the defendant or defendants in such writ, bill or process
named, is and are, or shall be bailable by such sheriff, under sheriff,
coroner, minister and other officer as aforesaid, shall be forced or com-
pelled to give security, or to enter into bond with sureties for the
appearance of such person or persons so arrested, at the day and place
in the said writ, bill or process specified or contained, in any penalty or
sum exceeding the sum of forty pounds lawful money of this State, to
be conditioned for such appearance. And that all sheriffs and other
officers and ministers aforesaid, shall let to bail and deliver out of prison,
and from their and every of their custodies respectively, all and every
person and persons whomsoever, by them or any of them arrested, upon
any such writ, bill or process, wherein the certainty and true cause of
action is not particularly expressed, (except as before excepted) upon
security, in the sum of forty pounds, and no more, given for the appear-
ance of such person or persons so arrested, unto the said sheriff or other
officer aforesaid, in manner and form aforesaid, or upon such person or
persons so arrested, indorsing his, -her or their appearance upon such
writ, bill or process. And further, that where such appearance shall be
indorsed upon any such writ, bill or process, the clerk of the said supreme
court shall at the return of the same writ, bill or process, enter the appear-
ance of such person or persons so indorsed; and where such person or
persons so arrested shall give bond in the sura of forty pounds, for his,
her or their q^pearance as aforesaid, and shall either in person or by any
attorney of the same court, cause his, her or their appearance unto the
same writ, bill or process, to be entered with the clerk of the same court,
in the term wherein the same writ, bill or process shall be returnable,
such bond or bonds so given for appearance, shall be, and hereby are
declared to be thereby satisfied and discharged; and after such appear-
ance so entered, no amerciaments shall be set or estreated upon or
against any sheriff, or other officer aforesaid, or any other person or
persons, concerning the want of such appearance. And moreover, unless
the plaintiff or plaintiffs in any such writ, bill or process named, shall
put into the same court, his, her, or their bill or declaration, against the
person or persons so arrested, in some personal action, or ejectment of
lands or tenements, before the end of the term npxt following after
appearance, that then a non suit for want of a declaration may be
entered against the said plaintiff or plaintiffs; and that every defend-
Chap. 26.] TENTH SESSION- 397
ant, in every such writ, bill or process named, shall or may have judg- /
ment to recover costs against such plaintiff or plaintiffs, to be assessed,
taxed and levied, in like manner as costs awarded to defendants in cases
of verdicts or judgments for them, are to be assessed, taxed and levied.
And be it further enacted by the authority aforesaid^ That where on any Appeap-
process issued, or to be issued out of any mayors court, or court of 5"ayor°8
common pleas within this State, special bail is not required, and the courts and
defendant or defendants shall indorse, his, her or their appearance upon Common'
the same process, the clerk of the same court, shall, at the return of the Pi«a8«
same process, enter the appearance of such defendant or defendants so in-
dorsed, which shall be a sufficient appearance of such defendant or
defendants, to enable the plaintiff or plaintiffs to proceed to judgment
and execution, in his, her or their suit or action.
And be it further enacted by the authority aforesaid^ That if any sheriff, Sheriff not
under sheriff, coroner or other officer, or minister whatsoever, shall at p?teo2er to
any time or times hereafter, have in his or their custody, any person or ^^^P^y^g
persons by virtue of or colour of any writ, process or other warrant out prison-
whatsoever, it shall not be lawful for such officer or officers, to convey flA*'^'*"
^ , J • J 1 • 1 ^ sent, nor
or carry or cause to be conveyed or carried the said person or persons enforce
to any tavern, ale house, or other publick victualing or drinking house, SKitSt
without the free and voluntary consent of the said person or persons, '«««•
so as to charge such prisoner with any sum of money, for any wine,
beer, ale, cyder, punch, victuals, tobacco, or any other thing whatsoever,
but what the said person or persons shall call for, of his, her or their
own accord; and such officer or officers shall not demand, take or
receive, or cause to be demanded, taken or received, directly or indi-
rectly, any other or greater sum or sums, than what by law ought to be
taken or demanded for such arrest, taking or waiting, until such person
or persons shall have procured an appearance, found bail, agreed with
his, her or their adversaries, or be sent to the proper gaol belonging to
the county, city town or place, where such arrest or taking shall be, nor
take or exact any other award or gratuity for so keeping the said person
or persons out of the gaol or prison, than what he, she or they shall or
will, of his, her' or their own accord, voluntarily and freely give; nor take
nor receive, any other or greater sum or sums for each nights lodging,
or other expences than what is reasonable and fitting in such cases, or
shall be so adjudged by the next justice of the peace, or at the general
sessions; and shall not cause or procure the said person or persons to
pay for any other wine, beer, ale, cyder, punch, victuals, tobacco; or
other things, than what the said person or persons shall voluntarily, par-
ticularly, and freely call for. And further^ that every sheriff, under sheriffs to
sheriff, gaoler, keeper of prison or gaol, and every person and persons oneSSo*^
whomsoever, to whose custody any person or persons shall be delivered «ond for
or committed, by virtue of any writ, or process, or on any pretence f^lf^
whatsoever, shall permit and suffer the said person or persons, at his,
her and their will and pleasure, to send for and have any beer, ale,
victuals, and other necessary food, where and from whom they please ;
and also to have and use such bedding, linen and other things, as the
said person or persons shall think fit, without any purloining, detaining,
or paying for the same, or any part thereof; and shall not demand, take
or receive, of the said person or persons, any other or greater fee or fees
whatsoever, for his, her or their commitment, release or discharge, than
what is or shall be allowable by law, nor any thing whatsoever, for his,
her or their chamber rent. And moreover^ that it shall not be lawful for STminaf
any sheriff, goaler, or keeper of any gaol or prison, to put, keep or lodge p*^?^"^®^
prisoners for debt, and felons, together in one room or chamber, but that SSpa^rate.
398
LAWS OF NEW YORK.
[Chap. 26.
Penalty for
sheriff's
offending
atralnst .
this act.
Penalty for
sheriffs
upprehend-
Idk a per-
son by
false or
forged
writs or
process.
Malicious
and vexa-
tious
arrests,
Denalty
they shall be put, kept and lodged, seperate and apart, one from another,
in distinct rooms.
And be it further enacted by the authority aforesaid^ That all and every
sheriff, under sheriff, coroner, gaoler, and other officer or minister afore-
said, who shall offend against any thing in this act herein before con-
tained, or the true intent and meaning thereof, or any part thereof, shall
forfeit and lose his office, place or employment ; and shall forfeit treble
damages to the party grieved, to be recovered by action of debt, bill,
plaint or information, in any court of record, with costs of suit.
And be it further enacted by the authority aforesaid^ That if any sheriffi
under sheriff, coroner or other person, having authority, or taking upon
him to open writs, shall make any warrants for the summons of any per-
son, as upon any writ, process or suit, or for the arrest or attaching of
any person of person, by his, her or their body or goods, to appear in
any court of record, (not having before that time the original writ or
process warranting the same) that then upon complaint thereof made to
the justice or justices, who shall hold the circuit court in the county
where the offence shall be committed, or to the judges or justices of the
court out of which the process issued, not only the party who made such
warrant, but all those who were the procurers thereof, shall be sent for
before the same judges or justices, by attachment or otherwise, as the
same judges or justices shall think fit, and be examined thereof upon
oath; and if the same offence be confessed by the same offenders, or
proved by sufficient witnesses, to the satisfaction of the same judges or
justices, that then the same judges or justices who shall so examine the
same, shall forthwith by force of this act, commit every of the same
offenders, to the gaol of the county or court where the same shall be
examined, there to remain without bail or mainprise, until such time as
they, amongst them, have fully satisfied and paid unto the party grieved
by such warrant, not only the sum of ten pounds lawful money of this
State, but also all such costs and damages as the same judges or justices
shall set down, that the same party hath sustained thereby, and likewise
twenty pounds each, for their offence against the people of this State.
And be it further enacted by the authority aforesaid^ That if any person
or persons shall by any ways or means, maliciously, or for vexation and
trouble, cause or procure any other person or persons to be arrested, or
attached to answer in any court of record, or in any other court or place,
at the suit, or in the name of any person or persons, where indeed there
is no such person or persons known, or without the assent, consent or
agreement, of such person or persons, at whose suit or in whose name
such arrest or attachment is, or shall be so had and procured, that then
and in such case, every such person and persons, who shall so cause or
procure any such arrest or attachment, of any other person or persons,
to be had: or made, for vexation or trouble as aforesaid, shall for every
such offence forfeit and pay to the party or parties, so arrested or
attached, by his, her or their means or procurement, treble the costs,
charges, damages and expences, that he, she or they, so arrested or
attached, «hall be put unto, by reason or occasion of such arrest or
attachment, so had, to be recovered by action of debt, bill, plaint or
information, in any court of record, with costs of suit ; and shall also
forfeit and pay unto such person or persons in whose name, and at
whose suit, such arrest or attachment shall be had or made, if then there
shall be any such person known, the sum of twenty pounds for every
such offence, to be recovered as aforesaid ; and shall also, upon con*
viction thereof, have and suffer imprisonment, by the space of six cat
enda. months, without bail or mainprise.
Chap. »7.] TENTH SESSION. 399
CHAP. 27.
AN ACT for the more easy pleading in certain suits.
Passed the i6ih of February, 1787.
Be it enacted by the People of the State of Ne^v York^ represented in Pleadings
Senate and Assembly y and it is hereby enacted by the authority of the satne^ l^ain's?"*
That if any action, bill, plaint, or suit upon the case, trespass, battery P"biio
or false imprisonment, is brought, or hereafter shall be brought, against ^ **"
any sheriff, coroner, justice of the peace, mayor, recorder or aldermen,
bailifif, constable, marshall, collector or overseer of the poor, and their
deputies or any of them, or any other person, who in their aid or assist-
ance, or by commandment, have done, or shall do anything touching
or concerning his or their office or offices for or concerning any matter,
cause or thing, by them or any of them done, by virtue or reason of
their or any of their office or offices, that the said action, bill, plaint or
suit, shall be laid within the county where the trespass or fact hath been
or shall be done and committed, and not elsewhere ; and that it shall
be lawful to and for all and every person and persons aforesaid, to plead
thereunto the general issue, that he or they are not guilty, and to give
such special matter in evidence to the jury which shall try the same,
which special matter, being pleaded, had been a good and sufficient
matter in law, to have discharged the said defendant or defendants of
the trespass, or other matter laid to his or their charge ; and that if
upon the trial of any such action, bill, plaint or suit, the plaintiff or
plaintiffs therein, shall not prove to the jury which shall try the same,
that the trespass, battery, imprisonment, or other fact or cause of his,
her or their such action, bill, plaint or suit, was or were had, made,
committed or done within the county, wherein such action, bill, plaint
or suit, is or shall be laid, that then and in every such case, the jury
which shall try the same, shall find the defendant and defendants in
every such action, bill, plaint or suit, not guilty, without having any
regard or respect to any evidence given by the plaintiff or plaintiffs
therein, touching the trespass, battery, imprisonment or other cause, for
which the same action, bill, plaint or suit, is or shall be brought : And
if the verdict shall pass with the defendant or defendants in any such
action, bill, plaint or suit, or the plaintiff or plaintiffs therein become
non suit, or suffer any discontinuance thereof, that in every such case
the justices or justice, or other judges or judge, before whom the said
matter shall be tried, shall by force and virtue of this act, allow unto
the defendant or defendants, his, or their double costs, which he or
they shall have sustained by reason of his or their wrongful vexation,
in defence of the said action, bill, plaint or suit, for which the said
defendant or defendants shall have like remedy as in other cases, where
costs by the laws of this State, are given to defendants.
And be it further enacted by the authority aforesaid^ That if any action Pleadings
of trespass, or other action or suit, shall be brought against any person b^u^'^ °*
or persons, for taking of any distress, making any sale, or any thing for acts
done by authority of any statute of this State, made or hereafter to be authority
made, the defendant or defendants in any such action or suit, shall and ^^JJ^
may either plead not guilty, or otherwise make avowry, cognizance or
justification, for the taking of the said distress or distresses, making of
sale, or other thing done, or to be done by virtue of such statute,
alledging in such avowry, cognizance or justification, that the said dis-
400
LAWS OF NEW YORK.
[Chap. 28.
Pleadings
in actions
to recover
debts due
people of
the State,
etc.
tress, sale, trespass or other thing, whereof the plaintiff or plaintiffs com-
plain, was done by authority of such statute, and according to the tenor,
purport and effect thereof, without any expressing or rehearsal of any
other matter or circumstance contained in such statute ; to which
avowry, cognizance or justification, the plaintiff or plaintiffs shall be
admitted to reply, that the defendant or defendants did take the said
distress, make the said sale, or did any other act or trespass, supposed
in his or their declaration, of his, or their own wrong, without any such
cause alledged by the said defendant. Whereupon the issue in every
such action shall be joined to be tried by a jury, and not otherwise, as
is accustomed in other personal actions ; and upon the trial of that
issue, the whole matter shall or may be given in evidence by both par-
ties, according to the very truth of the same ; and after such issue tried
for the defendant or defendants, or non suit of the plaintiff or plaintiffs,
after appearance, the same defendant or defendants shall recover treble
damages, by reason of his or their wrongful vexation .n that behalf,
with his or their costs also in that behalf sustained, which damages shall
be assessed by the same jury which shall try the issue, or upon a writ
to inquire of the damages, as the case may require.
And be it further enacted by the authority a/aresaid^ That in all actions
and suits, to be taken or pursued in any court in this State, for the
recovery of any debt or debts, which now be, or that hereafter shall
happen to appertain, accrue, remain, or be, to the people of the State
of New York, by reason of any attainder, outlawry, forfeiture, gift of
the party, or by any other collateral way or means^ it shall and may be
sufficient in the law, to shew and alledge, in the said suit, generally,
that the party to whom the said debt or debts, was or were owing, or
did belong, such a day and year, did give the same debt or debts to the
people of the State of New York, or was attainted, outlawed, or did
commit or do some offence, forfeiture, deed, act or thing, by reason
whereof the said debt or debts did accrue, and ought to remain, come
and be to the people of the State of New York ; and that the same
matter so to be shewed, alledged or declared, generally, without shewing
or declaring the circumstances thereof, shall be of as good force and
effect in the law, to all intents, constructions and purposes, as if the
whole matter thereof had been or were alledged and declared at large,
in every point, according to the due order of the common law.
CHAP. 28.
Ships and
floods cast
upon land
to be saved
for owner,
if claimed
within
time speci-
fied: if not,
proceeds
to be paid
Into State
treasury.
AN ACT concerning wrecks of the sea, and giving remedy to
merchants and others who be robbed, or whose goods shall be
lost on the sea.
Passed the i6th of Febmaiy, 1787.
Be it enacted by the People of the State of New York^ represented in
Senate ana Assembly, and it is hereby enacted by the authority of the same^
That if a ship, vessel or boat, or any kind of goods, wares or merchan-
dize, shall be cast by the sea on the land, neither such ship, vessel or
boat, nor any thing in them, nor such goods, wares or merchandize, shall
be adjudged wreck ; but the ship, vessel or boat, and every thing therein
contained, and such goods, wares and merchandize, shall be saved and
kept by the view of the sheriff or coroner, or other person appointed for
Chap. 28.] TENTH SESSION. 401
that purpose, who shall cause the same to be appraised, and safely keep
them, so that if any person within a year and a day sue for those goods,
and prove that they were his, or lost in his keeping, they shall be restored
to him, without delay, upon his paying the charges and expences of sav-
ing and keeping the said goods; but if not, they shall remain to the
people of this State, and shall after the expiration of the said year and
day, be sold at public vendue, by the sheriff, coroner, or other person
appointed for that purpose, who shall have found or seized the same,
who shall account for the same at the exchequer, deducting the charges
and expences of saving and keeping the same, and of such sale: And
he that doth otherwise, and is thereof convicted, shall yield damages to
the party grieved, and shall be punished by fine or imprisonment, or
both, at the discretion of the court, or justices, before whom he shall be
convicted.
And further^ that if any merchant, citizen or stranger, or any other. Goods
be robbed of his goods upon the sea, and the goods come into any part JJJ^'JSd*
of this State, and he will sue to recover the said goods, he shall be ^'J?!?!?*^
received to prove the said goods to be his own, by his marks, or by his may be
cocket, or by good and lawful merchants, citizens or strangers, or others; b^^JJ^IS?
and upon such proof, the same goods shall be delivered to him without
delay.
And be it further enacted by the authority aforesaid^ That it shall and Governor
may be lawful for the person administering the government of this State, ^iSSSS^ln
for the time being, by and with the advice and consent of the council of g2JJe}fJ
appointment, from time to time, by commission under the great seal of on the sea
this State, to appoint such and so many proper persons in each of the branded
counties of this State, bordering on the sea, as they may think necessary, veweis and
to aid and assist all such ships and vessels as may happen to be stranded JSstody of
on the coasts in the same counties; and such persons so appointed, shall fj^t^up
be and hereby are respectively authorized and required to give all pos-
sible aid and assistance to all such ships and vessels, and to the people
on board of the same, and to use their utmost endeavours to save the
same, and to save, preserve and secure for the purposes aforesaid, the
cargoes of all such ships and vessels, and all goods and chatties whatso-
ever, which may at any time be cast by the sea upon the land; and to
employ such and so many men for the purpose, as they may respectively
think proper: And the sheriff, coroner, or other person so appointed
as aforesaid, and all persons by them employed, shall have a reasonable
allowance out of the same goods, so saved and preserved, for saving,
preserving and keeping the same. And such sheriff, coroner, or other
person so appointed as aforesaid, shall and may detain the same goods,
until payment thereof; and in case any dispute shall arise concerning
such allowance, the same shall be settled and adjusted by any two or
more justices of the peace, dwelling in or near the town or place, where
the said goods shall be found or saved. And if any person shall take
away any goods whatsoever, out of any ship or vessel stranded as afore-
said, or any goods cast by the sea upon the land, or found in any bay or
creek, and not deliver the same goods to the sheriff, or coroner of the
county where the same shall be found, or to one of the persons appointed
as aforesaid, within forty eight hours after taking the same, or shall secret
any such goods, or convert them to his own use, every person so offend-
ing shall yield double damages to the owner of such goods, to be
recovered, with costs of suit, in any court having cognizance thereof,
and be further punished by fine or imprisonment, or other corporal pun-
ishment, at the discretion of the court, not extending to life or limb.
And it is hereby made the duty of every sheriff, coroner, justice of the
Vol. 2. — 51
402 LAWS OF NEW YORK. [Chap. 29.
peace and constable, and the person so appointed as aforesaid, to pre-
sent all offences and offenders against this act, at the sessions of the
peace in their respective counties; and the justices of the peace in their
sessions, are hereby authorized and required, to hear and determine the
same.
CHAP. 29.
AN ACT declaring what offences shall be adjudged treason, and
regulating trials in cases of treason, and misprision of treason.
Passed the i6th of February, 1787.
Treason Be it enacted by the People of the State of New York, represented in
defined. Senate and Assembly, and it is hereby enacted by the authority of the same^
That if any person do levy war against the people of this State, within
this State, or be adherent to the enemies of the people of this State, or
of the United States of America, within this State, giving to them aid
and comfort in this State, or elsewhere, and be thereof, by good proof,
attainted of open deed, such offences, and none other, shall be adjudged
treason against the people of the State of New York.
MlspriBon And be it further enacted by the authority aforesaid. That concealment,
of treason. ^^ keeping secret any treason, shall be from henceforth adjudged, deemed
and taken to be, misprision of treason, and the offender therein, shall
forfeit and suffer as in cases of misprision of treason.
Trials to And be it further enacted by the authority aforesaid, That all trials to
coim^of ^^ ^^^» awarded or made, for any treason or misprision of treason, shall
common be had and used only according to the due order and course of the com-
*^' mon law and this act, and not otherwise.
Rlebts of And be it further enacted by the authority aforesaid. That all and every
S^for ^"^ person and persons whomsoever, that shall be accused and indicted for
treason, treason, or misprision of treason, shall have a true copy of the whole
indictment, with a list of the witnesses to be produced on the trial for
proving the said indictment, mentioning their names, profession and place
of abode, delivered unto him or them so indicted, five days at the least
before he, she or they, shall be tried for the same, whereby to enable
him, her or them, to advise with counsel thereupon, to plead and make
their defence, (his her or their attorney or attomies, or agent or agents
requiring the same;) and that every person accused and indicted,
arraigned or tried for any treason or misprision of treason, shall be
received and admitted to make his, her or their full defence by counsel,
and to make any proof that he/ she or they can produce by lawful wit-
ness or witnesses, who shall then be upon oath, for his, her and their
just defence in that behalf. And in case any person or persons so
accused or indicted shall desire counsel, the court, before whom such
person or persons shall be tried, or some judge of that court, shall and
is hereby authorized and required, immediately upon his, her or their
request, to assign to such person or persons, such and so many counsel,
not exceeding two, as the same person or persons shall desire, to whom
such counsel shall have free access at all reasonable hours : And that
all and every person and persons who shall be accused, indicted and
tried for any treason or misprison of treason, shall have copies of the
panel, containing the names, places of abode and additions of the jurors
who are to try him, her or them, duly returned by the sheriff, and
Chap. 29.] TENTH SESSION. 403
delivered unto him, her or them, and everyof them so accused and
indicted respectively, four days at least before he, she or they shall be
tried for the same. And that all persons so accused and indicted for
any treason or misprison of treason,^ shall have the like process of the
court, where they shall be tried, to compel their witnesses to appear for
them at such trial or trials, as is usually granted to compel witnesses to
appear against them.
And be it further enacted by the authority aforesaid^ That no person or Testimony
persons whomsoever, shall be indicted, tried or attainted of treason, or nl^ J^^
of misprison of such treason, but by and upon the oath and testimony ^"^'^A^j
of two lawful witnesses, either both of them to the same overt act, or troasoo.
one of them to one, and the other of them to another overt act, of the
same treason ; unless the party indicted and arraigned, or tried, shall
wDlingly, without violence, in open court, confess the same, or in case
of treason, shall peremptorily challenge above the number of thirty five
of the jury : And if two or more distinct treasons of divers heads or *
kinds shall be alledged in one bill of indictment, one witness produced
to prove one of the said treasons, and another witness to prove another
of the said treasons, shall not be deemed or taken to be two witnesses
to the same treason, within the meaning of this act. And further^ that
no evidence shall be admitted or given of any overt act, that is not
expressly laid in the indictment, against any person or persons whom-
soever.
And be it further enacted by the authority aforesaid^ That all offences Extra ter-
by this act declared to be treason, which shall be committed, perpetrated jliris^c-
or done upon the land, out of this State, or upon the sea, shall and may '*<*" ^^.
be inquired of, heard and determined, in the supreme court of this State, treason.
by good and lawful men of the same county, where the said court shall
sit, in like manner and form, to all intents and purposes, as if the said
treason had been committed, perpetrated and done, within the same
county.
And be it further enacted by the authority aforesaid^ That any person Outlawry
or persons, being indicted for any treason or misprison of treason, may 'o*"^®"^"
be outlawed, and thereby attainted of or for any of the said offences :
And that all process of outlawry to be had and made within this State,
against any such offenders, being resident or inhabiting out of the limits
of this State, or in parts beyond sea, at the time of the outlawry pro-
nounced against them, shall be as good and effectual in the law to all
intents and purposes, as if such offenders had been resident and dwell-
ing within this State, at the time of such process awarded, and outlawry
pronounced : But if the party so outlawed, being out of this State as
aforesaid, shall within one year next after the said outlawry pronounced,
or judgment given upon the said outlawry, yield or surrender himself
to either of the justices of the said supreme court for the time being,
and offer to traverse the indictment, whereupon the said outlawry shall
be pronounced as aforesaid, that then, he shall be received to the said
traverse, and if he shall be thereupon found not guilty by the verdict of
a jury, he shall clearly be acquitted and discharged of the said outlawry,
and of the penalties and forfeitures by reason of the same , and upon
the trial of such traverse, the defendant shall in all respects have the
benefit of this act.
And be it further enacted by the authority aforesaid^ That no person Prosecu-
or persons whomsoever, shall be indicted, tried or prosecuted, for any JJjJ^-**' *^
treason or misprison of treason, that hath been, or shall be committed menoed
or done, unless the same indictment be found by a grand jury, within y^UrJ**
three years next after the treason or offence done or committed.
404
LAWS OF NEW YORK.
[Chap. 30
TeohDtcal
errors la
indict-
meats for
treason.
Forfeiture
of lands
and prop-
erty of
person
convicted.
And be it further enacted by the authority aforesaid^ That no indict-
ment for any of the offences aforesaid, nor any process or return there-
upon, shall Jbe quashed, on the motion of the prisoner, or his or her
counsel, for mis-writing or mispelling, unless exception concerning the
same, be taken and made in the court where such trial shall be, by the
prisoner, or his, or her counsel, before any evidence given, in open court
upon such indictment ; nor shall any such mis- writing or mispelling,
after conviction on such indictment, be any cause to stay or arrest judg-
thereupon ; but nevertheless, any judgment given upon such indictment,
shall and may be liable to be reversed upon a writ of error, in the same
manner, and in no other, than as if this act had not been made.
And be it further enacted by the authority aforesaid^ That every offender
or offenders, being hereafter lawfully convicted of any manner of trea-
son, by presentment, confession, verdict or process of outlawry, accord-
ing to the due course and custom of the laws of this State, shall lose
and forfeit to the people of this State, all such lands, tenements and
hereditaments, which any such oflEender or offenders shall have, of any
estate of inheritance in his own right, in use or possession, by any right,
title or means, within this State, at the time of any such treason com-
mitted, or at any time after ; and also all his, her and their goods and
chatties, saving to every person and persons, their heirs and successors,
other than the offenders and their heirs, and such person and persons
as claim to any their uses, all such rights, titles, interests, possessions,
leases, rents, reversions, offices and other profits, which they or any of
them shall have at the day of committing such treasons, or at any time
before, in as large and ample manner, as if this act had never been
made.
Appeals of
felony,
how tried.
Appeal of
woman for
death of
husband .
Appeals
for rape.
CHAP. 30.
AN ACT concerning appeals of felony.
Passed the i6th of February, 1787.
Be it enacted by the People of the State of New York^ represented in
Senate and Assembly ^ and it is hereby enacted by the authority of the same^
That all appeals of things done within this State, shall be tried and
determined according to the laws of this State, and that no appeals
shall be made, or in any wise pursued, before either house of the legis-
lature.
And be it further encu:ted by the authority aforesaid^ That no person
shall be taken or imprisoned, upon the appeal of a woman, for the death
of any other, than of her husband.
And be it further enxuted by the authority aforesaid^ That if any mar-
ried woman, or maid, or any other woman, shall be ravished, and doth
not consent to the ravisher, neither before nor after the rape committed,
such woman so ravished, may sue and prosecute against such offenders,
by appeal, and pursue the same to judgment and execution. But if
such woman after the rape committed, consent to the ravisher, she shall
be thereby barred of her appeal. And further^ that wheresoever, and
whensoever, any woman shall be ravished, and after such rape, do con-
sent to such ravisher, the husband of such woman, if she have a hus-
band, or if she have no husband in life, then her father, or other next
of her blood, shall from henceforth have the suit, to pursue, and may
sue by appeal, against the same offenders and ravishers, in this behalf,
Chap. 31.] TENTH SESSION. 405
to have them thereof convicted, and pursue the same to judgment and
execution, altho' the same woman after such rape, do consent to the
ravisher.
And be it further encuted by the authority aforesaid^ That in all Appeals
appeals of murfler, if the appellant declare the deed, the year, the day, der.™"'"
the hour, and the town or place, where the deed was done, and with
what weapon the person killed was slain, the appeal shall stand good in
eflfect, and no such appeal shall be abated for default of fresh suit, if
the party shall sue within the year and the day, after the deed done.
And be it further enacted by the authority aforesaid^ That if any person Proeecu-
be slain or murdered, and therefore the slayers, murderors, abettors, mwSerby
maintainers and comforters of the same, be indicted, that the same slay- pJPP*®* "
ers and murderers, and all other accessories of the same, shall be aoqufited,
arraigned and determined of the same felony and murder, at any time, mitted^to
at the suit of the people of this State, within the year after the same Jaii until
felony and murder done, and not tarry the year and day, for any appeal Vi^^^^
to be taken for the same felony or murder. And if any person named *^^®*^ ^
as principal, or accessary, shall be acquitted of any such murder or appeal by
felony, at the suit of the people of this State, within the year and day, Jeir of
that then the same justices before whom such person shall be acquitted, person
shall not suffer him to go at large, but shall either remit him again to '^**'^
prison or else let him to bail after their discretion, till that year and
day be passed. And if the said felons or murderes,* and accessaries so
arraigned, or any of them, be acquitted, or if they or any of them happen
to be attainted, the wife or next heir to the person so slain, as shall
require it, may take and have their appeal of the same death and mur-
der, within the year and day after the same felony and murder done,
against the said persons so arraigned and acquitted, and all other their
accessaries, or against the accessaries of the said principal, or any of
them, so attainted, or against the principals so attainted, if they be alive;
and that the appellant shall have such and the like advantage, as if the
said acquittal or attainder had not been, the said acquttal or attainder
notwithstanding. And further ^ that the wife or heirs of the said person so
slain, or murdered, as the case shall require, may commence their appeal
in proper person, at any time within the year after the said felony done,
before one of the coroners of the county where the said felony or murder
was done, or before the people of the State of New York, in their supreme
court, or before justices of the jail delivery, or justices assigned to hear
and determine; and the appellants, in any appeals of murder, or death
of any person, or of rape, or any other felony, may make their attomies,
and appear and prosecute the same appeals by their attomies, after the
same appeals be commenced, to the end of the suit, and execution of
the same.
CHAP. 31.
AN ACT touching the bailment of persons.
Passed the i6th of February, 1787.
Be it enacted by the People of the State of New York^ represented in PenooB
Senate and Assembly^ and it is hereby enacted by the authority of the same, JS^JJlmi-
That no sheriff, under sheriff! coroner, gaoler, or other oflficer, shall let nai prooeoa
° [ not to be
♦ So In orln^inal.
406 LAWS OF NEW YORK, [Chap. 31.
sheriff**^ out of prison, or permit to go at large, on bail or otherwise, any person
* ® ' by them or any of them arrested, or to be arrested, or being in their or
any of their custody, by virtue of any writ, process, warrant or commit-
ment, for any treason or felony, or misprision of treason, or upon any
condemnation, execution or capias utiagatum, or for surety of the peace;
or any person, taken, or arrested or committed, or to be taken, arrested
or committed, by special commandment of any court, or justices, upon
pain of being punished by fine and imprisonment, and to answer the
damages to the party grieved, if any be thereby aggrieved.
And for as much as divers persons have been arrested and imprisoned
for suspicion of felony, some times of malice, and some times of light
suspicion, and so kept in prison without bail or mainprise, to their great
vexation and trouble. Therefore,
Juatlcea of Be it further enacted by the authority aforesaid^ That the justices of
maybau* the peace in their general sessions, or any two of them at the least, being
sons w^- present together out of sessions, in every county and city of this State^
rested on shall have authority and power, by their discretion, to let such prison-
prcSeSs.^ ers, and persons, so arrested, in their respective cities or counties, to
bail or mainprise, unto their next general sessions, or unto the next gaol
delivery, to be holden in the same county, or city, where the said per-
son or persons shall be arrested, or suspected, (as the case may require).
And further^ that the said justices, or one of them, when any such pris-
oner shall be brought before them, before any bailment or mainprise,
shall take the examination of the said prisoner, and information of them
that bring him, of the fact and circumstances thereof, and the same, or
as much thereof as shall be material to prove the felony or offence,
shall put into writing, before they make the same bailment ; which said
examinations, together with the said bailment, the said justices shall
certify, in writing, subscribed or signed with their own hands, at their
next general sessions, or the next gaol delivery, to which the said person
or persons so let to bail or mainprise shall be bound to appear. And
the said justices are hereby authorised and required to bind all such by
recognizance, as do declare any thing material to prove the said felonies
or offences, to appear at their next general sessions, or at the next gaol
delivery, to be holden within the county, or city, where the trial thereof
shall be, as the case may require, then and there to give evidence against
the said party, and shall certify such recognizance and recognizances,
in writing, as they shall take, to the same court, together with the said
examinations and bailment; and in case any justice of the peace, or
mayor, recorder or aldermen acting as a justice of the peace, shall offend
in any thing contrary to the true intent and meaning of this act, the
justices of the peace, in their general sessions of the peace, or the jus-
tices of the gaol delivery, of the city or county where such offence shall
be committed, upon due proof thereof, by examination before them,
shall for every such offence, set such fine, on every of the same justices
of the peace, as the same justices of the peace in their general sessions,
or the justices of gaol delivery shall think meet, and estreat the same,
as other fines and amerciaments assessed before justices of the peace, in
their general sessions of the peace, or before justices of the gaol deliv-
ery, ought to be estreated.
Be it enacted
Senate and
Chap. 32.] TENTH SESSION. 407
CHAP. 32.
AN ACT concerning sheriffs, and the service and return of
process.
Passki) the igth of Februar)-, 1787
\cted by the People of the State of New York^ represented in Ouaiinca-
Assembly, and it is hereby enacted by the authority of the same^ iiferiffs
That none shall be sheriff of any city or county of this State, unless he
be a substantial freeholder within the same city or county where he
shall be sheriff. And further^ that every person hereafter to be Bond of
appointed to the office of sheriff of any city or county within this State, Jecovery
before he be permitted to execute the said office, shall enter into bond of damnKen
to the people of this State, in the penal sum of two thousand pounds Jf duty*,***^'^
with two or more sufficient sureties, being freeholders jointly and sever- «^-
ally in the penal sum of two thousand pounds to answer the people of
this State and the parties, if any will complain and conditioned that
such sheriff shall well and faithfully, in all things, perform and execute
the said office of sheriff, without fraud, deceit, or oppression; which
bonds shall be filed in the clerks office of the counties respectively, for
which the respective sheriffs shall be appointed, and the said clerks
respectively shall judge of and determine, the competency of such sure-
ties. And in case of any recovery, by any party aggrieved against any
sheriff, for any default or misconduct in his office, it shall be lawful for
the justices of the supreme court, upon motion in open court, to order
the bond so given by such sheriff to be put in suit against such sheriff
or his sureties, or all or any or either of them, and when judgment shall
be obtained on such bond, the said supreme court, shall, upon motion
in open court, direct so much money to be levied thereon, as shall be
sufficient to pay the party the debt or damages so recovered, with costs,
and to be paid to such party grieved: But if such sheriff, or his sure-
ties or either of them shall pay the debt or damages so recovered against
such sheriff, with costs, then such suit on such bond shall thereupon be
stayed and be no further prosecuted. And further that if, after judg-
ment obtained upon such bond, any other party aggrieved and who
shall have recovered any debt or damages against such sheriff, for any
default or misconduct in his office, shall apply to the said supreme
court, for relief, the said supreme court shall, upon motion in open court,
direct such further sum to be levied on such judgment, on such bond,
as shall be sufficient to pay the debt or damages so recovered with costs,
and to be paid to such party aggrieved, and so as often as any recovery
shall be had against such sheriff for any misconduct or default in his
office: Provided that the sureties in any bond shall not be charged by
virtue of this act, beyond the amount of the sums in which they are or
shall be bound in any such bond. And provided that two or more such
recoveries shall be had against such sheriff in the same term, or at the
same time, amounting together to more than the whole amount of the
sums contained in such bond, the said supreme court shall order the
monies, to be levied thereupon, to be distributed to the parties respect-
ively, in proportion to the respective amounts of their respective recov-
eries.
And be it further enacted by the authority aforesaid, That the sheriff gjjj^j^^l^
of each of the respective cities and counties of this State, shall have the and cu«»-
custody, rule, keeping and charge, of the gaols and prisons, and thejaiil*'^
408
LAWS OF NEW YORK.
[Chap. 32.
Sheriff not
to cbarfce
ezoeselve
fees or
show favor
for reward.
Provisions
to prevent
abuse of
office by
sheriffs;
sheriff to
receipt for
writs deliv-
ered him.
Proceed-
ings
against
sheriff for
failure to
make re-
turn of
wrlu
prisoners in the same, in the same city or county, as before this tim^
they were wont to have; and the same sheriffs respectively shall put in
such keepers for whom they will answer; and if the keeper or under
keeper of any prison, by too great duress of imprisonment and by pain,
make any prisoner, that he hath or shall have in his ward, to become
an appellor against his will, it shall be felony, and if any keeper be
thereof convicted or attainted, he shall have judgment as in cases of
felony.
And be it further enacted by the authority aforesaid That no sheriff
or other officer or minister, by occasion, or under colour of their or
any of their office, shall take any other thing or more, by themselves, or
by any other person, to their or any of their use, profit or avail, of any
person, by them, of any of them to be arrested, or attached, nor of any
other, for the omitting of any arrest or attachment, to be made by their
body, or of any person by them or of any of them, by force or colour of
their or any of their office, arrested or attached, for fine, fee, suit of prison,
main prise, letting to bail, or shewing any ease or favour, to any such per-
son so arrested or attached, or to be arrested or attached, for their, or any
of their reward or profit, but such as are or shall be allowed and estab-
lished by the law of this State: And further^ that every sheriff in this
State, shall yearly make a deputy of record in the supreme court, to
receive all manner of writs and warrants to be delivered to them: And
moreover that every sheriff, or other officer or minister, who shall do con-
trary hereto, in any point, shall forfeit and pay to the party in that
behalf aggrieved, his treble damages, to be recovered with costs of suit;
and shall also forfeit the sum of one hundred pounds, at every time that
they or any of them do the contrary thereof in any point, the one
moiety thereof to the people of this State, and the other moiety thereof
to the party who shall sue for the same, to be recovered with costs of
suit in any court of record, by action of debt, bill, plaint or information.
And be it further enacted by the authority aforesaid. That such as do
fear the malice of sheriffs, or others having the return of writs, shall
deliver their writs original and judicial in the county where they are to be
executed, and may take of the sheriff under sheriff or other officer, to
whom the same writ shall be directed, a certificate, wherein the names of
the demandants or plaintiffs, and tenants or defendants named in the writ,
and the day of delivering the writ shall be mentioned; and the sheriff
or under sheriff or other officer to whom the writ shall be directed,
shall, at the request of the party delivering the writ, put his seal to the
said certificate, for a testimony; and if the sheriff, or under sheriff, or
the officer to whom the writ shall be directed, will not put his seal to
such certificate, the witness of other credible persons being present, shall
be taken, and shall put their seals to such certificate. And further that
at what time or place soever in the county, any person doth deliver anjr
writ to the sheriff, or the under sheriff, or other officer, to whom the writ
shall be directed, they shall receive the same writ, and make a certifi-
cate thereof as aforesaid, without taking anything therefore ; and if
the sheriff or other officer to whom the said writ shall be directed,
do not return the same writ, and complaint thereof be made to
the court where such writ shall be returnable, if the writ was to be
executed in the san^e county, where such court shall then sit, an
inquest shall thereupon be taken, in the presence of such sheriff or other
officer, if he will attend in the same court, to inquire whether the writ
was delivered, and what damages the party hath sustained, having regard
to the quality and quantity of the action, and the peril that may happen
by reason of the delay; and if it be found by the inquest, that the writ
Chap. 32.] TENTH SESSION. 409
was delivered, the party shall recover his, or her damages aforesaid,
against such sheriff, under sheriff, or other officer, with the costs of taking
the same inquest, and shall have execution for the same, in like manner
as for damages in any other cases : but if such writ was to be executed
in any other county, then a writ judicial shall be awarded to the justices
or justice who shall hold the next circuit court in such county, to inquire
as aforesaid, and an inquest shall be thereupon taken in such circuit
court, and returned; and if it be found by the inquest that the writ was
delivered, the party demandant or plaintiff shall recover, and have exe-
cution for the damages and costs as aforesaid, and by the same means
there shall be remedy, where the sheriff or other officer returns that the
writ came too late, so that he could not execute the same. And more-
over^ that in all cases where the sheriff or other officer shall be com-
manded, that of the issues of the lands and chatties of any person he
answer, if the plaintiff demand hearing of the return, it shall be granted;
and if the plaintiff offer to aver that the sheriff or other officer might
and ought to have returned greater issues, it shall be inquired, by an
inquest to be taken in the manner aforesaid, of what and how great
issues the sheriff or other officer, might, and ought to have made return,
from the day of the writ purchased, unto the day of the return thereof ;
and if it be found that he hath not answered for the whole, he shall be
charged with the overplus, and shall also be amerced for the conceal-
ment. And it is hereby declared that rents, corn in the grange, and all
moveables (except arms, implements of trade and house hold goods) be
contained within the name of issues.
And be it further enacted by the authority aforesaid^ That when the Power of
sheriff or any of his deputies shall find that resistance will be made S^e*o/"
against any process of execution, the sheriff, laying aside all other things, resistance,
and taking with him the power of the county, shall forwith go in his
proper person and do execution; and if he find resistance, he shall
certify to the court the names of the resisters, aiders, consenters, com-
manders and favourers, and by a writ judicial they shall be attached by
their bodies to appear in the same court ; and if they be convicted of
such resistance, they shall be punished by fine and imprisonment.
And be it further enacted by the authority aforesaid^ That sheriffs and Sheriff to
other officers, to whom the return of any writs or process shall apper- turnsmade
tain, shall put their own names to the returns of the same writs and by him.
process, so that the court may know of whom they took such returns, if
need be ; and if any sheriff or other officer leave out his name in any
return, he shall be amerced, and also answer the damages to the party.
And be it further enacted by the authority aforesaid^ That sheriffs and Sheriffs to
gaolers, shall from henceforth receive and safely keep in prison, all Sn^Jners
thieves and felons appealed, indicted or taken in the fact, who shall be Into jaii
taken and attached by constables and other officers, by the delivery of etaWes!*''"
the constables and other officers without taking any thing for the
receipt. And further that as well the justices of the peace, at their gen-
eral sessions in their respective counties, as the justices of the supreme
court and the justices of gaol delivery, and justices assigned or author-
orized to hear and determine, shall have power to hear the complaints
of those who will complain against sheriffs and gaolers in such cases,
and to punish the sheriffs and gaolers, if they be found guilty.
And be it further enacted by the authority afore said y That every sheriff Proceesout
and other officer, to whom any process out of the exchequer shall be 2x<S>mier!
directed and delivered, for levying any debt, fine or forfeiture, to the ^^^
people of the State of New York, shall, upon demand, shew the same
process, and deliver a copy thereof to the debtor or person against whom
Vol. 2. — 52
410
LAWS OF NEW YORK.
[Chap. 33.
Seizure of
landB of
persons
chained
with fel-
ony, eto.
Seizure of
lands for
outlawry
through
error; pro-
oeedinf^
for relief
of agi^rlev-
ed party.
Offenses
against
this act to
be heard
by Justices
in general
sessions or
of Jail
delivery.
the same process shall be issued, without denying to any, and without
taking any reward; a^id shall, upon receiving or levying the money
mentioned in such process, lawfully acquit the debtor thereof, and
account for the same, at his next account, after he shall have received
or levied the same; and if any sheriff or other officer do otherwise, and
be thereof convicted, he shall render to the party aggrieved treble dam-
ages, and costs of suit, and be further punished by fine, according to
the discretion of the court wherein he shall be convicted.
And be it further enacted by the authority aforesaid^ That no sheriif or
other person, shall take or seize the goods of any person arrested or
imprisoned for suspicion of felony, before that the same person so arrested
or imprisoned, be convicted or attainted of such felony according to
law, or the same goods be otherwise lawfully forfeited, upon pain to
forfeit double the value of the goods so taken, to him who shall be so
injured in that behalf, to be recovered with costs of suit, in any court
of record, by action of debt, bill, plaint or information.
And 7uher€as sheriffs and other officers, sometimes seize the lands,
goods and chatties of divers persons, surmising that they be outlawed,
or their lands, goods and chatties forfeited, where they be not, because
that they bear such names as those who be outlawed, or whose lands
goods and chatties be forfeited, for default of good declaration of the
name, sirname and addition ; for remedy whereof Be it further enacted
by the authority aforesaid^ That if any will complain in such case, he or
she shall have a writ of idcntitate nominis, and if the lands, goods or
chatties of any person shall, in such case, be seized by any sheriff or
other officer, such person shall find surety before the sherifT or other
officer, who hath the warrant to seize, to answer to the people of this
State, of the value of such lands, goods and chatties, in case he or she
cannot discharge himself or herself; and such sheriff or other officer,
shall thereupon restore the same lands, goods and chatties, to the party,
without taking any thing of the party: And if such sheriff or other
officer do not the same, and thereof be convicted, the party shall have
suit against such sheriff or other officer, and recover his or her double
damages, and costs of suit ; and such sheriff or other officer shall be
further punished by fine for his offence.
And be it further enacted by the authority aforesaid y That as well the
justices of the peace in their open general sessions, and the justices of
gaol delivery, and justices assigned or authorized to hear and determine,
within the limits of their authority respectively, as the justices of the
supreme court, shall have full power and authority to hear and deter-
mine all offences and defaults, done contrary to this act, as well by pre-
sentment and information, as indictment ; and upon conviction of the
offenders, to award execution for the levying of the forfeitures aforesaid,
by fieri facias, attachment, capias or exigent.
CHAP. 33.
AN ACT. that the solemn affirmation and declaration of the
people called Quakers, shall be accepted instead of an oath.
Passed the 19th of February, 1787.
Say^Sfflrm ^^ ^* enacted by the People of the State of New York, represented in
Instead of Senate and Assembiy, and it is hereby enacted by the authority of the satru^
Slth!^ That every Quaker, who shall be required upon any lawful occasion to
Chap. 34-] TENTH SESSION. 411
take an oath, in any case where by law an oath is required, shall, instead
of the usual form, be permitted to make his, or her solemn affirmation
or declaration, in the words following, to wit,
" I do solemnly, sincerely and truly declare and affirm "
which solemn affirmation or declaration shall be adjudged and taken,
and is hereby enacted and declared, to be, of the same force and effect,
to all intents and purposes, in all courts of justice, and other places
where by law an oath is required, as if such Quaker had taken an oath
in the usual form.
And be it further enacted by the authority aforesaid^ That in all cases, Who
wherein by any act or acts of the legislature of this State now in force, qSJ^,^^
or hereafter to be made, an oath is or shall be allowed, authorised,
directed or required, the solemn affirmation or declaration, in the form
above described, of any of the people who shall be a member of the
religious society of the people called Quakers, or shall usually associate
with the people called Quakers in their religious worship, or be gener-
ally reputed to be a Quaker, shall be allowed and taken instead of such
oath, although no particular or express provision be made for that pur-
pose, in such act or acts: And all persons, who are or shall be author-
ised or required to administer such oath, shall be, and hereby are
authorised and required to administer the said affirmation or declara-
tion. And the said solemn affirmation or declaration, so made as afore-
said, shall be adjudged and taken, and is hereby enacted and declared
to be, of the same force and effect, to all intents and purposes, in all
courts of justice, and other places, where by law an oath is or shall be
allowed, authorised, directed or required, as if such Quaker had taken
an oath in the usual form.
Ana be it further enacted by the authority aforesaid^ That if any person False
making such solemn affirmation or declaration, shall be lawfully con- declared^
victed of having wilfully, falsely and corruptly, affirmed and declared perjury,
any matter or thing, which, if the same had been deposed in the usual
form, would have amounted to wilful and corrupt perjury, every person
so offending shall incur and suffer the like pains, penalties and forfeit-
ures, as by the laws and statutes of this State, are, or shall be directed
to be inflicted on persons convicted of wilful and corrupt perjury
Provided always^
And be it further enacted by the authority aforesaid^ That no Quaker, ExemptioD
or reputed Quaker, shall, by virtue of this act, be compelled to serve ®' Q"*^^"
on any juries in criminal cases, nor to act as an assessor or collector,
any thing in this act to the contrary notwithstanding.
CHAP. 34.
AN ACT to amend the charter of the corporation for the relief
of the widows and children of clergymen, in the communion of
the Church of England, in America.
Passed the 19th of February, 1787.
Be it enacted by t/te People of the State of New Yorky represented in change of
Senate and Assembly, and it is hereby enacted by the authority of the same^ JJ—^
That the said corporation hereafter, in all their acts and proceedings, tion.
and in all suits, pleas, deeds, gifts, obligations, matters and things, in
any wise respecting the same, shall be called and known by the name
412 LAWS OF NEW YORK. [Chap. 35.
or stile of " The corporation for the relief of the widows and children
of clergymen of the Protestant Episcopal Church, in the United States
of America," the said charter, or any clause thereof, or usage there-
upon notwithstanding.
By-iaw8to And whereos it is provided by the said charter, that the bye laws of
laws of™ **^ the said corporation shall not be contrary to the laws of that part of
thiB State. Great Britain called England.
Be it enacted by the authority aforesaid^ That the said clause be, and
the same hereby is repealed.
And be it further enacted and provided Instead thereof, that the bye
laws or regulations of the said corporation. Shall not be repugnant to
the constitution or laws of this State.
Accounts And be it further enacted by the authority aforesaid^ That the last
tion*tobl? clause in the said charter, subjecting the accounts and proceedings of
*"^1^n% ^^ ^^^^ corporation, to the revisal and ratification therein expressed,
froveraor, be and the same is hereby repealed and annulled. And it is hereby
and"chief' ^nacted^ that the said accounts may, in the manner directed by the said
jusUce. charter, hereafter be ratified and confirmed, by the governor, the chan-
cellor and the chief justice of this State, for the time being, or any two
of them; or be subjected by them, or any two of them, to such revisal,
check and confirmation, as by them, or any two of them, may be thought
just and reasonable.
Non-user And be it further enacted by the authority aforesaid^ That the said
fortSture^ charter, and every part thereof, as altered and amended by this act, be,
and the same hereby is confirmed, the non user of the powers and privi-
ledges thereby granted, in any wise notwithstanding.
CHAP. 35.
AN ACT concerning counsellors, attomies, solicitors, advocates
and proctors of the several courts in this State.
Passed the 20th of February, 1787.
Parties Be it enacted by the People of the State of New York represented in
J^*^ Senate and Assembly, and it is hereby enacted by the authority of the same,
attorney in That it shall be lawful for all and every person and persons whomso-
act ons. ^^^^ ^£ £^jj ^^^ ^^^ sound memory, other than defendants in cases where
corporal punishments may be inflicted, to make and appear by his her
or their attorney or attomies, in all and every or any suit, action or plea,
real or personal, moved or to be moved, by or against him, her or them,
in any court in this State; and to commence, pursue, prosecute or
defend the same suit, action or plea in person, or by his, her or their
attorney or attomies.
Warrants And be it further enacted by the authority aforesaid. That all warrants
ney'how of attomey of the parties, or of any or either of them, in all suits,
taken out. actions and pleas, in any court of record, shall be taken before the
judges or justices of the respective courts in which the same suit, action
or plea is or shall be depending, or one of them, or before the chancel-
lor of this State for the time being, who shall certify and send the war-
rants of attomejr before him taken to the judges or justices of the court
in which the suit, action or plea is or shall be depending. And further,
that such as cannot conveniently come before any or either of the judges
or justices of the court in which such suit, action or plea is or may be
Chap. 35.] TENTH SESSION. 413
depending, or before the chancellor, to make his, her or their attorney
or attomies in the same suit, action or plea may appear before such
judges justices or chancellor, or either of them, by his, her or their
agent or attorney having sufficient authority therefore in writing, by
letter of attorney or otherwise, from the person or persons in whose
behalf such suit action or plea is or may be depending ; and in cases
where it may be necessary, shall have a writ out of the chancery to
some sufficient man to receive his, her or their warrant of attorney, in .
the same suit, action or plea ; and in all cases, where any infant is or
shall be entitled to any suit or action, some or one of the next friends
of such infant shall be admitted in manner aforesaid, to sue and prose-
cute for such infant. And if any infant is or shall be impleaded, a
guardian shall be appointed in manner aforesaid for such infant, to
defend the same suit, action or plea, for the same infant.
And he it further enacted by the authority aforesaid^ That no person Admission
shall henceforth be admitted a counsellor, attorney, solicitor, advocate fjrs?at^it
or proctor in any court, but such as have been brought up in the same neys, «to.
court, or are otherwise well practiced in soliciting causes, and have been
found by their dealings to be skilful, and of honest disposition ; and
that every person hereafter to be admitted a counsellor, attorney, solic-
itor, advocate or proctor of any court, shall, before such admission, be
examined by the judges or justices of the same court ; and such only
as shall be found virtuous and of good fame, and of sufficient learning
and ability, shall be admitted ; and their names shall be put in a roU
or book to be kept in each court respectively for that purpose ; and
each and every person so admitted shall upon such admission in open
court take and subscribe an oath of office, in the words following.
" I do swear, that I will truly and honestly demean myself Oath of
in the practice of an attorney, (or of a counsellor, solicitor or proctor, *^^™«y.
or of an advocate, as the case may be) according to the best of my
knowledge and ability.
And he it further enacted by tlu authority aforesaid^ That if any Attorneys
counsellor, attorney, solicitor, advocate or proctor of any court, here- fiSm^ii
tofore admitted, or hereafter to be admitted, shall be found notoriously ^^^ default
in default, of record, or otherwise, he shall be put out of the roll, and
never after be received to act as counsellor, attorney, solicitor, advocate
or proctor in any court. And further^ that when any attorney shall
die or cease to act, or be put out of the roll of attomies, the persons
for whom he was attorney shall be warned to appoint another attorney
in his place, so that in the mean time no damage or prejudice, may
come to the party.
And be it further enacted by the authority aforesaid^ That if any Attorneys
counsellor, attorney, solicitor, pleader advocate, proctor or other, do JSJJJJ ©p
any manner of deceit or collusion in any court of justice, or consent collusion
unto it in deceit of the court, or to beguile the court, or the party, and ^pped.
thereof be convicted, he shall be punished by fine and imprisonment,
and shall moreover pay to the party grieved treble damages, and costs
of suit
And he it further enacted by the authority aforesaid. That if any Attorneys
attorney, solicitor, or proctor, do or shall wilfully delay his clients suit, ped ?<?/****"
to work his own gain, or wilfully demand by his bill any sums of money making?
or allowance for or upon account of any money which he hath not laid chaw,
out or disbursed, or become answerable for, in every such case the party ®^
grieved shall have his or her action against such attorney, solicitor, or
proctor, and recover therein treble damages, and costs of suit ; and
such attorney, solicitor, or proctor, shall thereupon be put out of the
414 LAWS OF NEW YORK. [Chap. 35.
roll, and be discharged from thenceforth, from being an attorney solic-
itor or proctor any more.
Attorneys And be it further enacted by the authority aforesaid^ That no attorney,
^^tor^ solicitor or proctor, shall commence any suit or action for recovery of
aervioeg any fees, charges or disbursements, until eight days after he shall have
days irfSr' delivered to the party to be charged therewith, or left for him or her at
render!^ his or her dwelling house, or last place of abode, a bill of such fees,
charges and disbursements, written in a common legible hand in the
English tongue, (except law terms and the names of writs, and in
words at length (except times and sums, and such abbreviations as are
commonly used in the English language,) subscribed with the proper
hand of such attorney, solicitor or proctor.
Warranu And be it further enacted by the authority aforesaid^ That the attor-
tobe^'ied'^ ney for the plaintiff or demandant in every action or suit, shall file his
with court; warrant of attorney with the proper officer of the court where the cause
negieol. **' is or shall be depending, the same term he declares, and the attorney
for the defendant or tenant, shall file his warrant of attorney as afore-
said, the same term he appears, upon pain to forfeit for every neglect
or offence the sum of ten pounds, to be recovered by action of debt,
bill, plaint or information, the one moiety thereof to the use of the
people of this State, and the other moiety thereof to the officer to whom
or in whose office the same warrant should be delivered, entered or filed;
and also to make satisfaction to the party grieved, according to the
discretion of the court, where any such default or neglect shall be had
or made.
Writs of And be it further enacted by the authority aforesaid^ That every pro-
e".^"o^& cess for arresting, and every writ of execution, or some label annexed,
byauomey ^^> before service or execution thereof, be subscribed or indorsed
with the name of the attorney or person by whom the same process or
writ of execution shall be sued forth.
Penalty for And be it further enacted by the authority aforesaid^ That if any attor-
affow?ng* "^^y ^^ ^'^y court of record shall knowingly and willingly permit or
other per- suffer any other person to sue out any writ, or commence, prosecute or
outwiTts^ defend any action or suit in his name, and be thereof convicted, he
in his name shall be put out of the roll of attornies, and from the time of such con-
viction be disabled to practice in such court. And further that as well
the same attorney as he who shall sue out any such writ, or commence
prosecute or defend any such action or suit, shall each of them forfeit
for every such offense the sum of twenty pounds, the one moiety thereof
to the people of this State, and the other moiety thereof to the party
grieved, to be recovered by action of debt, bill, plaint, or information,
in any court of record.
Certain And be it further enacted by the authority aforesaid That from and
oerepro?" ^^^cr the first day of May next, no clerk, or register, or deputy register
hibited of any court, nor any examiner or master of the court of chancery, shall
tlci'ng^as^ act as counsellors, attorney, solicitor, advocate or proctor, in any. suit,
attomeya, action or matter in the same court; and that no under sheriff, sheriffs
clerk, coroner or bailiff, shall during his continuance in office, act as
counsellor, attorney, solicitor, advocate or proctor, in any court what-
soever. Projnded neverihelesSy that every such clerk, register or deputy
register, examiner or master of the court of chancery, who now prac-
tices as counsellor, attorney, solicitor, advocate or proctor, shall and
may proceed to prosecute such actions and suits in which he now is, or
before the first day of May next, shall be attorney of record, solicitor or
proctor, until such suit or action is finally concluded.
Chap. 36.] TENTH SESSION. 415
CHAP. 36.
AN ACT concerning tenures*
Passed the 20th of Febraary, 1787.
Be it enacted by the People of the State of New York^ represented in Alienation
Senate and Assembly, and it is hereby enacted by the authority of the same, JuroSaaer
That it shall forever herearter be lawful for every freeholder, to give, ^ hold
sell or alien, the lands or tenements, whereof he or she is, or at any h5rf%^'
time.hereafter, shall be seised in fee simple, or any part thereof, at his iropStion
or her pleasure ; so always that the purchaser shall hold the lands or of service"
tenements so given, sold, or aliened, of the chief lord, if there be any,
of the same fee, by the same services and customs, by which the per-
son or persons making such gift, sale or alienation, before held the same
lands or tenements. And if such freeholder, give, sell or alien, only a
part of such lands or tenements, to any, the feoffee or alienee, shall
immediately hold such part of the chief lord, and shall be forthwith
charged with the services for so much as pertaineth or ought to pertain
to the said chief lord, for the same parcel, according to the quantity of
the land or tenement so given, sold or aliened; and so in this case, the
same part of the service shall remain to the lord, to be taken by the
hands of the feoffee or alienee, for which he or she ought to be attend-
ant and answerable to the same chief lord, according to the quantity of
the land or tenement, given, sold or aliened, for the parcel of the ser
vice so due.
And be it further enacted by the authority aforesaid, That all wardships, WardBhips,
liveries, primer seisins, and ousterlemains, values and forfeitures of mar- |}ug2®f^.
riages, by reason of any tenure by knithts* service, and all mean rates, mains, etc^
and all other gifts, grants, and charges incident or arising, for or by <**"<^**"«^^
reason of wardships, liveries, primer-seisins, or ousterlemains, shall be, and
hereby are declared to be taken away and discharged; from the thirtieth
day of August, in the year of our Lord one thousand six hundred and
sixty four ; and that all fines for alienations, seizures and pardons for
alienations, tenure by homage, and all charges incident or arising, for
or by reason of wardship, livery, prifner seisin, ousterlemain, or tenure
by knights service, escuage, and also relief, and aid pur file marrier,
and pur fair fitz chivalier, and all other charges incident thereunto, shall
be and hereby are likewise declared to be taken away and discharged,
from the said thirtieth day of August, in the year of our Lord one thou-
sand six hundred and sixty four , and that all tenures by knights service,
and by knights service in capite, and by socage in capite, and the fruits
and consequents thereof happened, and which shall or may hereafter
happen, or arise thereupon or thereby, shall be, and hereby are declared to
be taken away and discharged, and for ever abolished, any law, statute,
custom, or usage, to the contrary thereof in any wise notwithstanding.
And be it further enacted by the authority aforesaid, That all tenures Tenures
of any honours, manors, lands, tenements or hereditaments, or of any k?nK,*etc!**
estate or inheritance at the common law, held either of the king, or of dechired*'
any other person or persons, bodies politic or corporate, at any time be- free and
fore the foarth day of July, in the year of our Lord one thousand seven JJJJIJ^^^
hundred and seventy six, are hereby declared to be turned into free and
common socage, to all intents and purposes and shall be construed,
*So in oripfinal.
416 LAWS OF NEW YORK. [Chap. 37.
adjudged and deemed to be free and common socage, from the time
of the creation thereof, and forever thereafter: and that the same
honors, manors, lands, tenements and hereditaments, shall for ever
hereafter stand and be discharged, of all tenure by homage, escuage,
voyages loyal, and charges for the same, wardships incident to tenure
by knights service, and values and forfeitures of marriage, and all other
charges incident to tenure by knights service, and of and from relief, aid
pur file marrier, and aid pur fair fitz chivalier, any law, statute, usage
or custom, to the contrary in any wise notwithstanding.
Convey- And be it further enacted by the authority aforesaid^ That all convey-
ciared*to ^J^c^s and devises of any manors, lands, tenements, or hereditaments,
be of same at any time heretofore made, shall be expounded to be of such eflFect, as
estlSls* if the same manors, land, tenements and hereditaments, had been then
^Jfl^il^ beld and continued to be holden in free and common socage only,
common , , , ^ . ° . ■"
socage. any law, statute, customs, or usage to the contrary hereof m any wise
notwithstanding. Prmndcd always.
Proviso; And be it further enacted by the authority aforesaid^ That this act or
tSnrof ^^y thing herein contained, shall not take away, nor be construed to
rents cer- take away or discharge, any rents certain, or other services, incident or
^taf-^'* belonging to tenure in common socage, due or to grow due to the
fected. people of this State, or any mean lord, or other private person, or the
fealty or distresses incident thereunto.
Tenures And be it further enacted by the authority aforesaid^ That the tenure
ente°or**^ Upon all gifts, grants, and conveyances heretofore made, or hereafter
deeds from to be made, of any manors, lands, tenements or hereditaments, of any
declared estate of inheritance, by any letters patent under the great seal of this
aiioidaL State, or in any other manner by the people of this State, or by the
commissioners of forfeitures, shall be and remain allodial, and not
feudal, and shall forever hereafter be taken and adjudged to be and
continue in free and pure allodium only ; and shall be forever discharged,
of all wardship, value and forfeiture oif marriage, livery, primer seisin,
ousterlemain, relief, aid pur file marrier, aid pur fair fitz chivalier, rents,
renders, fealty, and all other services whatsoever, any law, statute,
reservation, custom or usage, to the contrary hereof, in any wise not-
withstanding.
CHAP. 37.
AN ACT concerning uses.
Passed the 20th of February, 1787.
Persons to Be it enacted by the People of the State of New Yorky represented in
Z^r^^t^^L Senate and Assembly, and it is hereby enacted by the authority of the same^
held In That where any person or persons stand or be seized, or at any time
ciaredtr hereafter shall stand or be seised, of and in any manors, messuages,
be In law- lands, tenements, rents, services, reversions, remainders or other hered-
and*po8^* i laments, to the use, confidence, or trust, of any other person or persons,
thTe^^Mime' ^^ ^^ ^^Y body politic, by reason of any bargain, sale, feoffment, fine,
recovery, covenant, contract, agreement, will or otherwise, by any man-
ner of means whatsoever, in every such case, all and every such person
and persons, and bodies politic, that have, or hereafter shall have, any
such use, confidence or trust, in fee simple, for term of life, or of years
or otherwise, or any use, confidence or trust, in remainder or reversion,
shall from henceforth stand and be seised, deemed and adjudged, in
Chap. 37.] TENTH SESSION. 417
lawful seisin, estate and possession, of and in the same manors, mes-
suages, lands, tenements, rents, services, reversions, remainders and
hereditaments, with their appurtenances, to all intents, constructions
and purposes in the law, of and in such like estates, as they had or shall
have, in use, trust or confidence, of or in the same ; and that the estate,
title, right and possession, that was or shall be in suoh person or per-
sons, that were or hereafter shall be seised, of any lands, tenements or
hereditaments, to the use, confidence, or trust, of any such person or
persons, or of any body politic, be from henceforth clearly deemed and
adjudged to be, in him, her or them, that have or hereafter shall have,
such use, confidence, or trust, after such quality, manner, form and
condition, as they had before, in or to the use, confidence or trust, that
was or shall be in them. And further^ that where divers persons be, or id.; where
hereafter shall be jointly seised, of and in any lands, tenements, rents, h^^y*
reversions, remainders, or other hereditaments, to the use, confidence f®^®^^'*'*
or trust, of any of them so jointly seised, in every such case, the person one.
or persons who have, or hereafter shall have, any such use, confidence
or trust, in any such lands, tenements, rents, reversions, remainders, or
hereditaments shall from henceforth have, and be deemed and adjudged
to have, only to him or them, that have or hereafter shall have, such use,
confidence or trust, such estate, possession and seisin, of and in the same
lands, tenements, rents, reversions, remainders and other hereditaments,
in like nature, manner, form, condition and course, as he or they had
before, in the use, confidence or trust, of the same lands, tenements,
rents, reversions, remainders or hereditaments; saving and reserving to
all and singular persons and bodies politic, their heirs and successors,
other than the person or persons who be seised, or hereafter shall be
seised, of any lands, tenements or hereditaments, to any use, confidence
or trust, all such right, title, entry, interest, possession, rents and action,
as they or any of them had or might have had, before the making of
this act ; and saving and reserving also, to all and singular those per-
sons, and to their heirs, who be, or hereafter shall be seised to any use,
all such former right, title, entry, interest, possession, rents, customs,
services and action, as they or any of them might have had, to his or
their own proper use, in or to any manors, lands, tenements, rents, or
hereditaments, whereof they be, or hereafter shall be seised, to any other
use, as if this act had pever been made.
And be it further enacted by the authority aforesaid^ That where any w.; estates
person or persons, stand and be seized, or hereafter shall stand and be J^^^f to*att-
seized, of and in any lands, tenements, or hereditaments, in fee simple nuai rents
or otherwise, to the use or intent that some other person or persons ^ *** ®"*
shall have and perceive yearly to them and to his or their heirs, one
annual rent of ten pounds, or more or less, out of the same lands, tene-
ments and hereditaments, and some other person or persons, one other
annual rent, to him or them and their assigns, for term of life or years,
or for some other special tinje, according to such intent and use as here-
tofore hath been, or hereafter shall be declared, limited and made
thereof, in every such case, the same persons, their heirs and assigns,
and every of them, who have such use and interest, to have and per-
ceive any such annual rents, out of any lands, tenements or heredita-
ments, shall be adjudged and deemed to be in possession and seisin of
the same rent, of and in such like estate as they had in the title, interest
or use of the said rent or profit, and as if a sufficient grant or other law-
ful conveyance had been made and executed to them, by such as were
or shall be seised, to the use or intent of any such rent to be had,
made or paid, according to the very trust and intent thereof ; and that
Vol. 2. — S3
418
LAWS OF NEW YORK.
[Chap. 37.
BIghtBOf
persons for
whose use
estates are
held.
Sheriff on
execution
may levy
on estates
held In
trust for
the use of
the Judg-
ment
debtor.
Grants by
persons of
(Ullage
and sound
mind to be
good as
against
grantor
and heirs.
all and every such person and persons as have, or hereafter shall have,
any title, use and interest, in or to any such rent or profit, shall lawfully
distrain for non payment of the said rent, and in their own names make
avowries, or by their bailiffs or servants make cognizances and justifica-
tions, and have all other suits, entries and remedies for such rents, as if
the same rents had been actually and really granted to them, with suffi-
cient clauses of distress, re-entry or otherwise, according to such condi-
tions, pains, or other things limited and appointed, upon the trust and
intent, for payment or surety of such rent.
And be it further enacted by the authority aforesaid^ That all and sin-
gular person and persons, and 'bodies politic, which have or shall have
any estate unto them executed, of and in any lands tenements or hered-
itaments, by the authority of this act, shall and may have and take the
same or like advantage, benefit, voucher, aid prayer, remedy, commod-
ity, and profit by action, entry, condition or otherwise, to all intents,
constructions and purposes, as the person or persons seised to their use,
of or in any such lands, tenements or hereditaments so executed, had,
should, might or ought to have had, at the time of the execution of the
estate thereof by the authority of this act, against any other person or
persons, of or for any waste, disseisin, trespass, condition broken, or any
other offence, cause or thing, concerning or touching the said lands or
tenements, so executed by the authority of this act.
And be it further enacted by the authority aforesaid^ That it shall and
may be lawful for every sheriff, and other officer, to whom any writ or
precept is or shall be directed, at the suit of any person or persons, of,
for and upon any judgment or recognizance, made or had, or hereafter
to be made or had, to do make and deliver, execution unto the party in
that behalf suing, of all such lands, tenements, rents and hereditaments,
as any other person or persons be in any manner of wise seised or pos-
sessed, or hereafter shall be seised or possessed, to the use, or in trust,
for him against whom execution is so sued, like as the sheriff or other
officer might or ought to have done, if the said party against whom exe-
cution is, or shall be so sued, had been seised of such lands, tenements,
rents or other hereditaments, of such estate as he is or shall be seised
of, in the use or trust, at the time of the said execution sued ; and such
lands, tenements, rents and other hereditaments, by force and virtue of
such execution, shall accordingly be held and enjoyed, freed and dis-
charged of all incumbrances, of such person or persons as are or shall
be so seised or possessed, to the use or in trust for the person against
whom such execution is or shall be sued ; and if any person intitled to
or having any such use or trust, hath devised or shall devise the same,
by his last will, or hath died, or shall die intestate, leaving the same to
descend to his heirs, the same shall be liable to the debts of the testator
or intestate, and deemed and taken to be assets in the hands of the heirs
or devisees, who shall be chargeable for the same, in like manner as
they are by law chargeable and liable in cases where lands or tenements
descend, or are devised to them, and not otherwise.
And be it further enacted by the authority aforesaid^ That every estate,
feoffment, gift, release, grant, lease and confirmation, of lands, tene-
ments, rents, services or hereditaments, made or had, or hereafter to be
made or had, by any person or persons, being of full age, of sound
mind, at large, and not in duress, to any person or persons, and all
recoveries and executions, had or made, or to be had or made, shall be
good and effectual to him, her or them, to whom it is so made, had or
given, and to all others to his, her or their use, against the seller, feoffor,
donor or grantor thereof, and against the sellers, feoffors, donors or
Chap. 38.] TENTH SESSION. 419
grantors, his, her and their heirs, claiming the same, only as heir or
heirs, to the same sellers, feoffers, donors or grantors, and every of them,
and against all others having or claiming any title or 'interest in the
same, only to the use of the same seller, feoffor, donor or grantor, sel-
lersy feoffors, donors or grantors, or his, her or their said heirs, at the
time of the bargain, sale, covenant, gift or grant made.
CHAP. 38.
AN ACT for settling intestates estates, proving wills, and grant-
ing administrations.
Passed the 20th of February, 1787.
Be it enacted by the People of the State of Ntjv York represented in Letters of
Senate and Assembly and it is hereby enacted by the authority of the same S^uJjJf"
That administration of the goods chatties and credits of any person 'TjlJ^?'***
d3ring intestate shall be committed or granted to the widow or next of '
kin of the intestate or to some or one of them if they or any or either
of them will accept the same and if neither of them will accept the
same then to such other proper person or persons as will accept the
same and such administrators shall have the benefit and incur the charge
of and be accountable as executors.
And be it further enacted by the authority aforesaid That just and Dlstribu-
equal distribution of what remaineth clear, of the goods and personal estaufof
estate of any person dying intestate, after all debts funeral charges and JJT^'*
just expences of every sort first allowed and deducted shall be made iiS<M&te.
amongst the wife and children or childrens children if any such there
be, or otherwise to the next of kindred to the intestate in equal degree,
or legally representing their stocks, each according to his or her respec-
tive right, pursuant to the laws in such cases, and the rules and limita-
tions herein after set down.
And be it further enacted by the authority aforesaid That the whole MaoDerof
surplusage of the goods and personal estate of every person dying in- f/^^Seie
testate shall be distributed in manner and form following. That is to there are
say, one third part of the surplusage to the wife of the intestate and all ® "'
the residue by equal portions to and amongst the children of such per-
sons dying intestate and such persons as legally represent such children
in case any of the said children be then dead other than such child or
children who shall have any estate by settlement or shall be advanced
hy the intestate in his life time by portion or portions equal to the share
which shall by such distribution be allotted to the other children to
whom such distribution is to be made and in case any child shaH have
any estate by settlement from the said intestate or shall be advanced by
the said intestate in his life time by portion not equal to the share which
will be due to the other children by such distribution as aforesaid
then so much of the surplusage of the estate of such intestate shall be
distributed to such child or children as shall have any land by settle-
ment from the intestate or were advanced in the life time of the intes-
tate as shall make the estate of all the said children to be equal as near
as can be estimated.
And in case there be no children nor any legal representatives of ^•««
them, then one moiety of the said estate shall be allotted to the wife of no*oSi£*
the said intestate, and the residue of the said estate shall be distributed ^'^-
420
LAWS OF NEW YORK.
[Chap. 3S.
Where
there la no
wife.
Who to
take share
of child
dying after
father's
death.
Act not to
extend to
estates of
feme
covert.
Surro-
gates, ap-
pointment
of; duty.
Seal of
surrogate.
equally to every of the next of kindred of the intestate who are in
equal degree, and those who represent them, but no representation shall
be admitted among collaterals after brothers and sisters children.
And in case there be no wife then all the said estate to be distributed
equally to and amongst the children and in case there be no child then
to the next of kindred in equal degree of or unto the intestate and their
legal representatives as aforesaid and in no other manner whatsoever.
And be it fui^her enacted by the authority aforesaid That if after the
death of a father any of his children shall die intestate without wife
or children in the life time of the mother every brother and sister and
the representatives of them shall have an equal share with her, any
thing in this act or any law usage or custom to the contrary notwith-
standing.
And be it further enacted by tJie authority aforesaid That neither this
act nor any thing therein contained respecting the distribution of intes-
tates estates shall be construed to extend to the estates of feme coverts
that shall die intestate but that their husbands may demand and have
administration of their rights credits and other personal estates and
recover and enjoy the same as fully as they might have done before the
passing of this act.
And be it further enacted by the authority aforesaid That it shall
and may be lawful to and for the person administering the government
of this State for the time being by and with the advice and consent of
the council of appointment from time to time and at all times hereafter
to nominate and appoint during the pleasure of the said council, and
commissionate under the great seal of this State a surrogate in each
and every county of this State who shall be and hereby are respect-
ively authorized and empowered to take the proof of the last wills and
testaments and codicils of all persons dying in the several counties for
which such surrogates shall be respectively appointed and commissioned
and to make and issue probates thereof and to grant letters testamen-
tary thereon and to grant administrations with the will annexed in all
cases where it may be necessaary or proper and to grant letters of ad-
ministration of the goods chatties and credits of all persons dying
intestate in the respective counties for which such surrogates shall be
respectively appointed and commissioned. And if it so happen that
any person who is or shall be an inhabitant in any part of this State
shall die while absent from home upon a journey or business the will
of such person if he or she shall have made any shall be proved before
and the probate thereof granted, or if such person shall die intestate,
administration of his or her goods chatties and credits shall be granted,
by the surrogate of the county where such person so dying was an
inhabitant as if such person had died at home: And further that such
letters testamentary and administrations shall be made in the name of
the people of the State of New York and tested in the name of the sur-
rogate who shall grant or issue the same and be sealed with his seal of
office and all such probates letters testamentary and administrations,
shall be as good valid and effectual to all intents and purposes as if the
same were made granted and issued by the judge of the court of pro-
bates of this State, any law usage or custom to the contrary notwith-
standing.
And be it further enacted by the authority aforesaid^ That each of the
said surrogates shall at his own expence cause a seal to be made for his
office with such device as they may respectively think proper, upon
which seal shall be inscribed the name of the county for which it is to
be used and the words surrogate seal, and shall deliver a description in
Chap. 38.] TENTH SESSION. 421
writing of such seal to the secretary of this State, who shall deposit and
record the same in his office, there to remain as a public record of this
State.
And be it further enacted by the authority aforesaid That each of the Records to
said surrogates shall record, (in books to be provided for that purpose SiiTogate*a
at his own expence,) all wills proved before him together with the proof offlc«-
thereof, and all letters testamentary and administrations by him issued
or granted, with all things concerning the same, which records shall be
of the same force validity and effect as the like records in the office of
the judge of the court of probates of this State: And further that all
wills proved before any such surrogate shall upon demand after the
same are copied by the surrogate be returned to the person who deliv-
ered the same to such surrogate ; or in case of the death, insanity or *
removal of such person from this State, before the will shall be delivered
to such person then such will to be returned to any devisee named in
such will, or to the heirs or assigns of such devisee. And in case of
demand of such will from the surrogate by such devisee or the heirs or
assigns of such devisee, on the suggestion of the death, insanity or
removal from this State of the person who delivered the will, the surro-
gate shall not be compelled to deliver such will until the truth of the
suggestion shall be proved to him by the oath of a witness or witnesses,
and which witnesses the surrogate is authorized and required to exam-
ine on oath, touching the truth of the suggestion.
And be it further enacted by the authority aforesaid That every sur- oath of
rogate so to be appointed and commissioned shall before he enters upon J^JJJS*®'
the execution of his office take and subscribe the following oath to wit and seal to
** I surrogate of the county of do solemnly and Sed^tcT'
sincerely promise and swear that I will in all things well and faithfully successor,
execute the office of surrogate of the said county according to the best
of my knowledge and ability.** And further that upon the death or
removal from office of any such surrogate the said seal and all original
wills with all records books and papers belonging to the said office shall
be delivered over to the successor in office upon the oath of the preced-
ing surrogate or of his executors or administrators in case of his death.
And be it furth4r enacted by the authority aforesaid That in all cases Surrograte
where a caveat shall be entered in the office of any such surrogate or deSSSin*^
any objection be made against the proving of any will or granting of controver-
administration of the goods chatties and credits of any person who is Jroi»te'of
or shall be an inhabitant of the county for which such surrogate shall Smi^is-
be appointed and commissioned such surrogate shall cause the parties tratiou.
and witnesses to be cited to appear before him and hear and determine
the matter in controversy according to law and grant and issue such
probates letters testamentary or administrations as shall be agreeable to
law and justice saving to every one conceiving him her or themselves
aggrieved his her and their right of appeal to the judge of the court of
probates of this State so as such appeal be taken within fifteen days
next after the order or sentence appealed from, be made.
And be it further enacted by the authority aforesaid That in all cases Persons
of persons dying out of this State, or of persons dying within this State ofstoS**
not inhabitants of this State, their wills shall be proved before, and and non-
administrations of their personal estates when necessary be granted, probate *
by the judge of the court of probates of this State in the manner here- Sav?jurte.
tofore used and before or by no other person. diction.
And be it furt/ier enacted by the authority aforesaid That the judge of Bonds to
the court of probates of this State and the surrogates of each of the bJ'Srobato
tespective counties of this State and every of them for the time being and surro-
422
LAWS OF NfiW YORK.
[Chap. 38.
gate's
oourtson
grantlDg
letters of
adminis-
tration.
Form of
bond.
Forfeiture
of bond.
shall and may upon their respective granting and committing of admin-
istration of the goods of persons dying intestate take of the respective
person or persons to whom such administration shall be committed,
except where administration shall be granted to a husband of the goods
chatties and credits of his wife, sufficient bonds, with two or more able
sureties, to the people of the State of New York, in such penalty as the
said judge or surrogate shall think reasonable, respect being had to the
value of the estate, with condition as follows to wit " The condition
of this obligation is such that if the above bound adminis-
trator of all and. singular the goods chatties and credits of
deceased do make or cause to be made a true and perfect inventory of
all and singular the goods chatties and credits of the said deceased,
which have or shall come to the hands, possession or knowledge of the
said or into the hands or possession of any other person or
persons for the said and the same so made do exhibit or cause
to be exhibited (where such bond shall be taken by the judge of the
court of probates) into the registry of the court of probates of this State
(but where such bond shall be taken by a surrogate) into the office of
the surrogate of the county of at or before the expiration of six
calendar months from the date of the above written obligation and the
same goods chatties and credits and all other goods chatties and credits
of the said deceased at the time of death which at any time
after shall come to the hands or possession of the said or into
the hands or possession of any other person or persons for the said
do well and truly administer according to law ; and further
when thereunto lawfully required do make or cause to be made a just
and true account of administration and all the rest and residue of the
said goods chatties and credits which shall be found remaining upon the
said administrators account, the same being first examined and allowed
of by the judge of the court of probates of this State for the time being,
shall deliver and pay unto such person or persons respectively as the
said judge by his decree or sentence shall pursuant to the true intent
and meaning of the act entitled "An act for settling intestates estates
proving wills and granting administrations, "limit an4 appoint; and if
It shall hereafter appear that any last will and testament was made by
the said deceased and the executor or executors therein named or any
other person or persons do exhibit the same and request to have it
allowed and approved then if the said^ being thereunto required
do render and deliver the letters of administration granted on the estate
of the said deceased to the office from which the same were issued then
this obligation to be void and of none effect or else to remain in full
force and virtue; which bonds shall be good to all intents and purposes
and pleadable in any courts of justice. And in case any such bonds
shall become forfeited it shall and may be lawful for the judge of the
court of probates of this State to cause the same to be prosecuted in any
court of record at the request of any party grieved by such forfeiture
and the monies recovered upon such bond shall be applied towards
making good the damages sustained by the not performing the said con-
dition in such manner as the said judge shall by his sentence or decree
direct. And further that it shall and may be lawful to and for the
judge of the court of probates of this State to call such administrators
to account for and touching the goods chatties and credits of any per-
son dying intestate and upon hearing and due consideration thereof to
order and make just and equal distribution of what remaineth clear after
debts funeral charges and just expences of every sort first allowed and
deducted according to the laws in such cases and the rules and limita-
Chap. 38.] TENTH SESSION. 423
tions in this act mentioned; and the same distributions to decree and
settle and to compel such administrators to observe and pay the same
by due course of law; and also to hear and determine all causes touch-
ing any legacy or bequest in any last will and testament payable or
coming out of the personal estate of the testator, and to decree and com-
pel payment thereof, saving to every one supposing him her or them-
selves aggrieved, his her and their right of appeal.
And be it further enacted by the authority aforesaid That if any person Decrees of
or persons shall neglect or refuse to perform any such sentence or decree proba^
of the judge of the court of probates of this State it shall and may be ^owen-
lawful to and for the judge of the said court for the time being to cause **
such person or persons by process directed to any sheriff of any county
of this State to be taken and imprisoned until he she or they shall per-
form the same sentence or decree and every sheriff is hereby directed to
cause all such process to him at any time directed to be duly executed
and to confine the persons against whom such process shall be issued as
in execution until they shall be delivered by due course of law; and if
any sheriff shall neglect his duty therein he shall be answerable to the
party grieved in such manner as he would be answerable upon process
of the like nature issuing out of the supreme court.
And be it further enacted by the authority aforesaid That no distribu- Distribu-
tion of the goods chatties and credits of any person dying intestate shall JJJmade '^
be made until after one year be fully expired after granting administra- until after
tion thereof. And that each and every one to whom any distribution bonZuTfce
and share shall be allotted or any legacy or bequest paid or delivered ^^^JJ^
shall give bond with sufficient surities to the administrators or execu- or admin-
tors. That if any debt or debts truly owing by the intestate or testator *"^*'*^<>^-
as the case may be shall be afterwards sued for and recovered or other-
wise duly made to appear and which there shall be no other assets to pay
that then and in every such case he or she shall respectively refund and
pay back to the administrators or executors his or her rateable part of
such debt or debts, and of the costs of suit and charges by reason of
such debt or debts out of the part and share so allotted to him or her or
out of such legacy, thereby to enable the said administrators or execu-
tors to satisfy such debt or debts.
And be it further enacted by the authority aforesaid That no adminis- Accx>unt-
trator or executor shall be cited to the said court of probates to render {{^^n^yat
an account of the personal estate of his intestate or testator otherwise suit of
than by an inventory or inventories thereof, unless it be at the instance fi^te2 or
or prosecution of some person or persons in behalf of a minor or having next of kin
a demand out of such personal estate as a creditor legatee or next of
kin, nor be compellable to account before the said court otherwise than
as is aforesaid, any thing in this act or any law usage or custom to the
contrary notwithstanding.
And be it further enacted by the authority aforesaid That in all cases Adminis-
where any administration shall be granted with a will or testament Jj^h^the
annexed either by the judge of the court of probates of this State or by will
any surrogate of any county of this State the will of the deceased in such *°"**® •
testament expressed shall be observed and performed. And further that
all former proceedings according to the provisions of such laws as were
in force biefore the passing of this act and all rights and claims agreeable
to the provisoes of this act, shall be and hereby are confirmed.
And be it further enacted by the authority aforesaid Thac instead of Pees of
the fees allowed to the surrogates in and by an act entitled "An act for JlgJJf*^**
regulating the fees of the several officers and ministers of the courts of
justice within this State," the following and no other fees shall be
424
LAWS OF NEW YORK.
[Chap. 39.
Surrogate
not to ex-
act fees
where
aetatels
less thao
£15.
Acts
(recited
repealed.
Courts to
proceed
aeoordlDg
to course
of common
law.
Courts to
exercise
former
powers
until
Mayl.
allowed to such surrogates that is to say, for administring an oath one
shilling; for drawing the proof of a will or codicil for each folio consist-
ing of one hundred and twenty eight words one shilling and six pence,
for recording wills and codicils of the proof thereof, and recording let-
ters testamentary, and letters of administration, for each folio consisting
of one hundred and twenty eight words, one shilling ; for a probate of a
will and the letters testamentary thereon, for each folio consisting of
one hundred and twenty eight words, one shilling; for the seal of the
same four shillings ; for a bond upon granting administration, four shil-
lings; for letters of administration, for each folio consisting oif one hun-
dred and twenty eight words, one shilling; for the seal of the same, four
shillings ; for entering and filing a caveat one shilling and six pence; for
a citation including the seal, six shillings; for taking and filing a renun-
ciation, three shillings; for filing an inventory, one shilling; for every
search for records in his office, one shilling ; for copies of records, for
each folio consisting of one hundred and twenty eight words, one shil-
ling.
And be it furilur enacted by the authority aforesaid That whenever it
shall appear to the surrogate by the oath of the person applying for
letters testamentary, or letters of administration, that the goods chatties
and credits of the testator or intestate do not exceed in value the sum
of fifteen pounds, no fees shall be exacted by or paid to the surrogate
on granting letters testamentary, or letters of administration of the goods
chatties and credits of such testator or intestate, any thing herein before
contained to the contrary thereof in any wise notwithstanding.
And be it further enacted by the authority aforesaid That the several
acts of the legislature of the late colony of New York " for the super-
vising intestate's estates, and regulating the probate of wills and grant-
ing letters of administration " and for extending the same to several
counties and "for the better settling of intestates estates," shall be and
hereby are repealed.
And be it further enacted by the authority aforesaid^ That the courts of
the said surrogates, and the said court of probates, in the matters sub-
mitted to their cognizance respectively by this act, shall proceed accord-
ing to the course of the courts having, by the common law, jurisdiction
of the like matters: Provided T\iBX the same shall not be construed to
extend to the inflicting any ecclesiastical pains or penalties whatsoever.
Provided always,
And be it further enacted by the authority aforesaid^ That it shall and
may be lawful for the judge of the court of probates, and the surrogates
in the several counties within this State, to continue to exercise the like
powers they were respectively vested with immediately before the pass-
ing of this act, until the first day of May next.
CHAP. 39.
Preamble.
AN ACT for the better securing the liberty of the citizens of this
State, and for prevention of imprisonments.
Passed the 21st of February, 1787.
Whereas great delays have been used by sheriffs, gaolers and other
officers, to whose custody persons have been committed for criminal or
supposed criminal matters, in making returns of writs of habeas corpus
Chap. 39.] TENTH SESSION. 425
to them directed, and by other shifts, to avoid their yielding obedience
to' such writs, contrary to their' duty, and the known laws of the land,
whereby many persons have been, and hereafter may be, long detained
in prison, in such cases, where by law they are bailable, to their great
charges and vexation: For the prevention whereof, and the more
speedy relief of all persons imprisoned for any such criminal, or sup-
posed criminal matters,
Be it enacted by the People of the State of New York, represented in Habeas
Senate and Assembly, and it is hereby enacted by the authority of the same^ p?i^*{?er
That whensoever any person or persons shall bring any habeas corpus, ^ bepro-
directed to any sheriff, gaoler, minister or other person or persons what- sheriff on
soever, for any person in his, or their custody, and the said writ shall ^^* ®''
be servednipon the said officer, or other person or persons, or left at the
gaol or prison, with any of the under officers, under keepers or deputy
of the said officers, or keepers, that the said officer or officers, his or
their under officers, under keepers or deputies, or other person or per-
sons, shall within three days after the service thereof as aforesaid, (unless
the commitment aforesaid were for treason or felony, plainly and speci-
ally expressed in the warrant of commitment,) upon payment or tender
of charges of bringing the said prisoner, to be ascertained by the judge
or court that awarded the same, and indorsed upon the said writ, not
exceeding twelve pence per mile, and upon security given by his own
bond, to pay the charges of carrying back the prisoner, if he shall be
remanded by the court or judge, to which he shall be brought, accord-
ing to the true intent of this act, and that he will not make any escape
by the way, make return of such writ, and bring or cause to be brought
the body of the party so committed or restrained, unto or before the
chancellor of this State for the time being, or the justices of the supreme
court, or unto or before such of them before whom the said writ is made
returnable, according to the command thereof, and shall then likewise
certify the true causes of his detainer or imprisonment, unless the com-
mitment of the said party be in a place beyond the distance of twenty
miles from the place or places where such court or person is, or shall be
residing ; and if beyond the distance of twenty miles and not above
one hundred miles, then within the space of ten days, and if beyond the
distance of one hundred miles, then within the space of twenty days
after such delivery as aforesaid, and not longer. And to the intent that
no sheriff, gaoler or other officer, may pretend ignorance of the import
of any such writ;
Be it further enacted by the authority aforesaid That all such writs issuaDoe
shall be marked in this manner, by the statute, and be signed by the during"
person that awards the same; and if any person or persons shall be or y°**">"
stand committed, or detained as aforesaid, for any crime, unless for ™^
treason, or felony plainly expressed in the warrant of commitment, in
the vacation time, and out of term, it shall and may be lawful to and
for the person or persons so committed or detained, (other than persons
convict, or in execution by legal process) or any one, on his, or their
behalf, to apply or complain to the chancellor, or any one of the justices
of the supreme court, and the said chancellor or justices, or any of them,
upon view of the copy or copies of the warrant or warrants of commit
ment, and detainer, or otherwise, upon oath made that such copy or
copies were denied to be given by such person or persons in whose cus-
tody the prisoner or prisoners is, or are detained, are hereby authorized
and required, upon request made in writing by such person or persons,
or any on his, her, or their behalf, attested and subscribed by two wit
nesses who were present at the delivery of the same, to award and grant
Vol. 2. — 54
426 LAWS OF NEW YORK. [Chap. 39.
an habeas corpus, under the seal of such court whereof he shall then be
one of the judges, to be directed to the officer or officers, or person or
persons in whose custody the party so committed or detained shall be,
returnable immediately before the said chancellor or justice of the said
supreme court ; and upon service thereof as aforesaid, the officer or
officers, his or their under officer, or under officers, under keeper or
under keepers, or their deputy, or person or persons in whose custody
the party is so committed or detained, shall, within the times respectively
before limited, bring such prisoner or prisoners before the said chancel-
lor, or justices of the said supreme court, or one of them, before whom
the said writ is made returnable; and in case of his absence, before any
other of them, with the return of such writ, and the true causes of the
Court to commitment and detainer; and thereupon, within two days after the
onwto^baii party shall be brought before them, the said chancellor, or such justice,
for the before whom the prisoner shall be brought as aforesaid, shall discharge
en^B^' the said prisoner from his imprisonment, taking his or their recognizance,
^2J|"<25iy, with one or more surety or sureties, in any sum according to their dis-
ery. cretions, having regard to the quality of the prisoner, and nature of the
offence, for his, or their appearance in the supreme court, the term fol-
lo.wing, or at the next general sessions or gaol delivery, of and for such
county, city or place, where the commitment was, or where the offence
was committed, or in such other court, where the said offence is prop-
erly cognizable, as the case shall require; and shall then certify the said
writ, with the return thereof, and the said recognizance or recognizances,
into the said court where such appearance is to be made; unless it shall
appear unto the said chancellor or justice or justices, that the party so
committed, is detained upon a legal process, order or warrant, out of
some court that hath jurisdiction of criminal matters, or by some war-
rant signed and sealed with the hand and seal of any of the said justices,
or some justice or justices of the peace, for such matters or offences,
for the which by the law the prisoner is not bailable. But if any person
shall have wilfully neglected by the space of two whole terms after his
imprisonment, to pray a habeas corpus for his enlargement, such person
so wilfully neglecting, shall not have any habeas corpus to be granted
in vacation time in pursuance of this act.
PenaltTfor And be it further enacted by the authority aforesaid, That if any officer
she^ 0/ or officers, his or their under officer or under officers, under keeper or
^*r to obey ^"^^^ keepers, or deputy, or other person or persons, shall neglect or
Vn\\ o? refuse to make the returns aforesaid, or to bring the body or belies of
oo^oB. ^^ prisoner or prisoners, according to the command of the said writ,
within the respective times aforesaid, or upon demand made by the
prisoner, or any person in his behalf, shall refuse to deliver,, or within
the space of six hours after demand shall not deliver, to the person so
demanding a true copy of the warrant or warrants of commitment and
detainer of such prisoner, which he and they are hereby required 'to
deliver accordingly, all and every the head gaolers, and keepers of such
prisons, and such other person or persons in whose custody the prisoner
shall be detained, shall for the first offence, forfeit to the prisoner or
party grieved, the sum of one hundred pounds, and for the second
offence the sum of two hundred pounds, and shall, if an officer, be and
is hereby made incapable to hold or execute his said office ; the said
penalties to be recovered by the prisoner or party grieved, his or her
executors or administrators, against such offender, his executors or ad-
ministrators, by action of debt, suit, bill, plaint or information, in any
court of recosd, wherein no privilege, injunction or stay of prosecution
by non vult ulterius prosequi, or otherwise, shall be admitted or allowed.
Chap. 39.J TENTH SESSION. 427
or any more than one imparlance : and any recovery or judgment at
the suit of any party grieved, shall be a sulEcient conviction for the first
offence; and any after recovery or judgment at a suit of a party grieved,
for any offence after the first judgment, shall be a sufficient conviction
to bring the officers, or person or persons, within the said penalty, for
the second offence.
And for prevention of unjust vexation, by reiterated commitments
for the same offence,
Be it further enacted by the authority aforesaid^ That no person or Persons
persons, who shall be delivered or set at large, upon any habeas corpus, Jjjjf J?2^
shall at any time thereafter be again imprisoned or committed for the rearrested
same offence, by any person or persons whatsoever, other than by the Sfii^l*
legal order and process of such court, wherein he or they shall be bound ^^^\i^
by recognizance to appear, or other court having jurisdiction of the ^'^^
cause ; and if any other person or persons shall knowingly, contrary to
this act, recommit or imprison, or knowingly cause or procure to be
recommitted or imprisoned for the same offence, or pretended offence,
any person or persons delivered or set at large as aforesaid, or be know-
ingly aiding or assisting therein, then he or they shall forfeit to the
prisoner or party grieved, the sum of five hundred pounds, any colour-
able pretence or variation in the warrant or warrants of commitment
notwithstanding, to be recovered as aforesaid.
And be it further enacted by the authority aforesaid^ That if any per- Person
son or persons shall be committed, for any treason or felony, plainly K*Su5^f
and specially expressed in the warrant of commitment, upon his prayer not tried' at
or petition in open court, the first week of the term, or first day of the Jjbe^litto
sessions of oyer and terminer, or gaol delivery, to be brought to his *^***i *' °ot
trial, shall not be indicted some time in the next term, sessions of oyer term, to be
and terminer, or gaol delivery, after such commitment, it shall and may discharged
be lawful to and for the justices of the supreme court, and justices of
oyer and terminer or gaol delivery, and they are hereby required, upon
motion to them made in open court, the last day of the term, sessions
or gaol delivery, either by the prisoner, or any one in his behalf, to set
at liberty the prisoner, upon bail, unless it appear to the justices, upon
oath made, that the witness against the prisoner could not be. produced,
the same term, sessions, or gaol delivery. And if any person or persons
committed as aforesaid, upon his prayer or petition in open court, the
first week of the term, or first day of the sessions of oyer and terminer,
or gaol delivery, to be brought to his trial, shall not be indicted and
tried the second term, sessions of oyer and terminer, or gaol delivery,
after his commitment, or upon his trial, shall be acquitted, he shall be
discharged from his imprisonment.
Provided always^ That nothing in this' act shall extend to discharge Proviso;
out of prison, any person charged in debt, or other action, or with pro- nLt'to^*
cess in any civil cause, but that after he shall be discharged of his im- affectother
prisonment for such his criminal offence, he shall be kept in custody P'"*'*'®®®-
according to the law for such other suit.
And be it further enacted by the authority aforesaid^ That if any per- Prisoner
son or persons, citizens of this State, shall be committed to any prison, Removed
or in custody of any officer or officers whatsoever, for any criminal or from cus-
supposed criminal matter that the said person shall not be removed from.^^n'ex-
the said prison and custody, into the custody of any other officer or oept bv
officers, unless it be by habeas corpus, or some other legal writ or pro- habeas
dess, or where the prisoner is delivered to the constable or pther infe- SSJSrof "^
nor officer, to carry such prisoner to some common gaol, or where any court,
person is sent by order of any court or judge or justice of the peace, to
428 LAWS OF NEW YORK. [Chap. 39.
any common work house, or house of correction, or where the prisoner
is removed from one prison or place, to another within the same county,
in order to his, or her trial, or discharge, in due course of law, or in
case of sudden fire or infection, or other necessity ; and if any person
or persons shall, after such commitment aforesaid, make out and sign,
or countersign, any warrant or warrants, for such removal aforesaid,
contrary to this act, as well he who makes or signs, or countersigns such
warrant or warrants, as the officer or officers who obey or execute the
sam^ shall for every offence forfeit to the prisoner or party grieved
two hundred pounds, to be recovered in manner aforesaid, by the party
grieved.
Penalty And be it further enacted by the authority aforesaid^ That it shall and
of wrtto?' may be lawful to and for any prisoner and prisoners as aforesaid, to
habtos move for and obtain his or their habeas corpus, as well out of the court
corpus. ^^ chancery, as out of the supreme court; and if the chancellor, or any
justice of the supreme court, for the time being, in the vacation time,
upon view of the copy or copies of the warrant or warrants of commit-
ment, or detainer, or upon oath made that such copy or copies were
denied as aforesaid, shall deny any writ of habeas corpus, by this act
required to be granted, being moved for as aforesaid, they shall seve-
rally forfeit to the prisoner or party grieved, the sum of iivt, hundred
pounds, to be recovered in manner aforesaid.
And for preventing illegal imprisonments of the citizens of this State,
in prisons out of this State.
CitlzeDs of Be it further enacted by the authority aforesaid^ That no citizen of
not^tS^? this State, who now is, or hereafter shall be an inhabitant or resident
8tato*for^' within this State, shall or may be sent prisoner to any place whatsoever,
trial for out of this State for any crime or offence committed within this State;
Sq «i?8*°^ and that every such imprisonment, is hereby enacted and adjudged to
state; pen- be illegal ; and that if any of the said citizens now is, or hereafter shall
coveiSie be so imprisoned, every such person and persons so imprisoned, shall
^^^^^ and may for every such imprisonment, maintain, by virtue of this act,
an action or actions of false imprisonment, in any court of record,
against the person or persons by whom he or she shall be so committed,
detained, imprisoned, sent prisoner, or transported, contrary to the true
intent and meaning of this act, and against all or any person or per-
sons, who shall frame, contrive, write, seal, sign or countersign, any
warrant or writing for such commitment, detainer, imprisonment or
transportation, or shall be advising, aiding or assisting in the same, or
any of them ; and the plaintiff in every such action shall have judg-
ment to recover treble costs, besides damages ; which damages so to be
given, shall not be less than five hundred pounds, in which action no
delay, stay or stop of proceeding, by rule, order or command, nor no
injunction or privilege whatsoever, nor any more than one imparlance
shall be allowed, excepting such rule of the court wherein the action
shall depend, made in open court, as shall be thought in justice neces-
sary for special cause to be expressed in the said rule. And the person
or persons who shall knowingly frame, contrive, write, seal, sign, or
countersign, any Warrant for such commitment, detainer or transporta-
tion, or shall so commit, detain, imprison or transport, any person or
persons contrary to this act, or be any wise advising, aiding or assist-
ing therein, being lawfully convicted thereof, shall be disabled from
thenceforth to bear any office of trust or profit within this State, and
shall forfeit to the people of this State, all his goods and chattels, and
the issues and profits of his lands and tenements, during his natural life.
Chap. 39.] TENTH SESSION. 429
Provided alwaysy that nothing in this act shall extend to give benefit Proyiso;
to any person who shall, by contract in writing, agree with any mer- 2ffec?coii-
chant or owner of any plantation, or other person whatsoever, to be ^^^
transported to any place out of this State, or to any part beyond the neet'piSdr
seas, and receive earnest upon such agreement, although that afterwards
such person shall renounce such contract.
Provided also^ that if any person or persons lawfully convicted of any id.; not
felony, shall in open court pray to be transported beyond the seas, and ?SSj>orta.
the court shall think fit to leave him or them in prison for that purpose; tionfor
such person or persons may be transported into any parts beyond the ® **°^*
seas, this act, or any thing therein contained, to the contrary notwith-
standing.
Provided ahOy that if any person or persons at any time resident in JJ-j^®* ^
this State, shall have committed or be charged with having committed gon against
any treason, felony, or other high misdemeanor, in any other of the gjjj^
United States of America, where he or she ought to be tried for such
offence, such person or persons may be sent to such place, there to
receive such trial, in such manner as the same might have been used,
before the making of this act, any thing herein contained, to the con-
trary notwithstanding.
Provided alsOy and be it further enacted by the authority aforesaid^ Proaecu-
That no person or persons shall be sued, impleaded, molested or offensST
troubled, for any offence against this act, unless the party offending be J*f^be^
sued or impleaded for the same, within two years at most, after such brought
time wherein the offence shall be committed, in case the party grieved Jjara!^ ^^
shall not then be in prison; and if he or she shall be in prison, then
within the space of two years after the decease of the person imprisoned,
or his or her delivery out of prison, which shall first happen.
And be it further enacted by the authority aforesaid^ That if any infor- PieadiDga
mation, suit or action, shall be brought or exhibited against any person {J} J^ona
or persons, for any offence committed, or to be committed against the ^'^"^^t,
form of this law, it shall be lawful for such defendants, to plead the act.*'
general issue, that they are not guilty, or that they owe nothing, and to
give such special matter in evidence to the jury that shall try the same,
which matter being pleaded, had been good and sufficient matter in law,
to have discharged the said defendant or defendants against the said
information, suit or action; and the said matter shall be then as availa-
ble, to him or them, to all intents and purposes, as if he or they had
suffiicently pleaded, set forth or alledged the same matter, in bar or
discharge of such information suit or action.
And to the intent that no person may avoid his trial, at the sessions
of oyer and terminer or gaol delivery, by procuring his removal before
the setting of the same court, at such times as he cannot be brought
back to receive his trial there.
Be it further enacted by the authority aforesaid^ That after the sessions Writs of
of oyer and terminer, or gaol delivery proclaimed for that county where conJuS,
the prisoner is detained, no person shall be removed from the common JJ^^jjJSJS
gaol upK)n any habeas corpus granted in pursuance of this act; but upon before
any such habeas corpus, shall be brought before the justice or justices ^JJ^S©^'
of the circuit court, in open court, who is or are thereupon to do what livery.
to justice shall appertain.
Provided^ that after the sessions of oyer and terminer, or gaol delivery
are ended, any person or persons detained, may have his or their habeas
corpus, according to the direction and intention of this act.
And because oftentimes persons charged with felony, or as access-
saies thereunto, are committed upon suspicion only, whereupon they are
430
LAWS OF NEW YORK.
[Chap. 41.
bailable, or not, according as the circumstances making out that suspic-
ion, are more or less weighty, which are best known to the justices of
the peace who committed the persons, and have the examinations
before them, or to other justices of the peace in the county. Therefore
Person Be it further enacted by the authority aforesaid^ That where any per-
JJJ*^^- son shall appear to be committed by any judge or justices of the peace,
bauingof.' and charged as accessory before the fact, to any felony, or upon suspic-
ion thereof, or with suspicion of any felony, which felony shall be plainly
and specially charged in the warrant of commitment, that such persons
shall not be removed or bailed by virtue of this act, or in any other
manner than they might have been, before the making of this act
CHAP. 40.
AN ACT for the relief of Abraham Lott.
Passed the 23rd of February, 1787.
Abraham Be it enacted by the People of the State of New York represented in
dSchaiied ^^^^^^ ^^ Assembly^ and it is hereby enacted by the authority of the same^
from CU8- That it shall and may be lawful for the treasurer of this State, to dis-
charge Abraham Lott late treasurer of the late colony now State of
New York from the judgment obtained against him by the people of
this State, upon his paying and discharging the costs and poundage of
the suit against him and on his paying to the treasurer, two hundred
pounds in certificates issued or to be issued by the said treasurer, and
on his giving to the said treasurer sufficient security for the payment of
the ballance of the sum for which the said judgment was obtained^
within two years from the passing of this act, in certificates issued or to
be issued by the treasurer of this State.
tody OD
security
given.
CHAP. 41.
AN ACT for the relief of Frederick Weissenfels.
Passed the 23rd of February, 1787.
Prederiok Be it enacted by the People of the State of New York represented in
feial^llef Senate and Assembly y and it is hereby enacted by the authority of the same^
o' That it shall and may be lawful for the treasurer of this State to receive
a bond from Frederick Weissenfels to the people of this State, for such
sum as shall be found due from him to them, to be paid in certificates
issued, or to be issued by the said treasurer, and thereupon to discharge
him from the suit commenced against him by the people of this State.
Chap. 42.] TENTH SESSION. 431
CHAP. 42.
AN ACT to regulate the election of charter officers in the city
of New York.
Passed the 23rd of February, 1787.
Be it enacted by the People of the State of New York^ represented in New York
Senate and AssenUfiy^ and it is hereby enacted by the authority of the same^ Son ?o?^
That the mayor, aldermen and commonalty of the city of New York, in charter
common council convened, shall and may, on such day in the month of S?tioe? ^
September, in every year hereafter, as to them shall seem meet, at least 8P«<rtoi^
eight days before the day of election of ofl&cers to be chosen in and for
the said city, by virtue of the charter thereof, fix upon a proper place
in each respective ward where such election shall be held; and nomi-
nate and appoint a fit and discreet person, for each respective ward in
the said city, being a resident in the ward, for which he shall be so
appointed, and a freeholder there, or a freeman of the said city, to pre-
side at, and be the inspector or returning officer, as well of the election
of the said officers to be chosen in the month of September, for the year
next ensuing, to see that the same respective elections be fairly con-
ducted and had, as for the election of such officers respectively, as
shall be to be chosen, in the same year, to fill any vacancy or vacancies,
which from time to time shall or may happen in any of the said offices,
by death, removal out of the said city, refusal to serve, or otherwise.
And further that in case any of the said inspectors shall die, remove out VacaDcy
of the said city, refuse to serve, or be rendered incapable of attending }m^J^?'
any of the said elections, before, or on the day on which the same is to how aim.
be held, that then and in such case, it shall and may be lawful to and
for the said mayor, aldermen and commonalty of the city of New York,
in common council convened, or the major part of them, to appoint
another fit and discreet person, being a resident in the ward in which
such election shall be to be held, and a freeholder there, or a freeman
of the said city, to be an inspector of the said election, in the room and
stead of the said person, so dying, removing, refusing to serve, or being
rendered incapable of attending the said election, and so as often as the
said case shall happen. And further, that each of the said persons so PoUcierkat
to be from time to time nominated and appointed to be inspectors of
the said respective elections, shall appoint a person, properly qualified,
to act as clerk at the election to be held in their respective wards, and
shall tender and administer to such clerk (who is hereby directed and
required to take the same) the following oath, to wit " I do solemnly
and sincerely swear and declare in the presence of Almighty God, that
I will truly and impartially execute the trust reposed in me as a clerk of
this election, for the ward of the city of New York." And
shall thereupon in the presence of the said inspector, in a poll book, to
be provided for the purpose, set down the name of each voter, and for
whom he shall vote, and whether he votes as a freeholder or freeman;
which said poll book, shall immediately after the closing of the poll of
every of the said elections, be subscribed with the proper name and
hand writing of such inspector, and be by him delivered to the clerk of
the said city or his deputy, to be by him delivered to the said mayor
aldermen and commonalty of-the city of New York, in common council
convened. And further, that the respective clerks of the said elections,
432 LAWS OF NEW YORK. [Chap. 42.
shall be allowed the sum of sixteen shillings, for each election, to be
paid by the said mayor, aldermen and commonalty of the city of New
York.
EieotiooB And be it further enacted by the authority aforesaid, That in case it shall
Tardea ^o happen, that any of the aldermen, assistants, assessors, collectors or
In city constables, so chosen, shall die, or remove out of the said city, before
\o cea. ^^^ ^^y ^^ ^j^^ g^-^ charter appointed for the annual election of such
officers, or, being duly elected, shall refuse to serve in the office to which
he or they shall respectively be chosen, then and in such case, it shall
and may be lawful to and for the said mayor, aldermen and common-
alty of the city of New York, in common council convened, to order an
election or elections to be held to fill such vacancy or vacancies, and
appoint a place in the respective wards, and the time, (not less than five
days previous to such intented election,) for holding the said election,
and to give notice thereof to the inspector of the ward in which such
vacancy shall happen, and so as often as any such vacancy shall happen;
and that the said inspector shall forthwith cause the same to be pub-
lished, by advertisements put up in at least three of the most public
places of the ward.
Penalty for And be it further enacted by the authority aforesaid, That if any per-
inS>eotor SOU, who shall be nominated and appointed as an inspector as aforesaid,
to act. shall neglect or refuse to execute the said office, every such person shall
forfeit and pay, for every such neglect or refusal, to the use of the cor-
poration of the said city, the ^um of twenty pounds, to be levied by
warrant, under the seal of the said city, signed by the mayor or recorder,
for the time being.
Where And be it further enacted by the authority aforesaid. That in case the
faffito act. s^^^ mayor, aldermen and commonalty of the city of New York, in com-
Tacancy to mon council convened, shall neglect to appoint such persons as inspec-
provided** tors of the election for any of the officers aforesaid, or if the persons so
by charter, jq be nominated and appointed, or any of them, shall not attend or do
the duty of their said office, at any election in any ward of the said city,
that then the said election of the said officers, or such of them as shaJl
then be to be chosen, in such respective ward, shall be had and made
according to the directions in the charters granted to the said city, any
thing in this act contained, to the contrary hereof, in any wise notwith-
standing.
Quallfloa- And be it further enacted by the authority aforesaid, That no person shall
eieotore; vote, at any of the said elections, as a freeholder, but such as shall be
freeholders possessed of a freehold estate, in his own right, or in the right of his
wife, in lands or tenements to the value of twenty pounds, over and
above all debts charged thereon, within such ward of the said city where
he shall vote, and shall have possessed the same one month at the least,
before the day of such election, unless he shall hold his estate by descent
Freemen, or devise: And further, that no person shall vote at any of the said
elections, as a freeman of the said city, unless he shall have been
admitted to the freedom of the said city, three months at the least,
before the day of such election, and shall have actually resided in the
ward, in which he shall so vote, for one month before the day of such
election. And further, that every elector, before he shall be admitted
to poll at the said election, shall, if required by the inspector of such
election, first take the following oath, which oath each of such inspectors
is hereby authorised to tender and administer, that is to say, if the said
Oaths to elector votes as a freeholder, the oath following, to wit I da
SJI^SJS,^^ solemnly and sincerely swear and declare in the presence of Almighty-
God, that I am and (if he shall not hold his estate by descent or devise)
Chap. 43.] TENTH SESSION. 433
have been for one month next and immediately preceding this election,
a freeholder, and possessed of a freehold in my own right, (or in my
wife's right, as the case may be,) of the value of twenty pounds, in the
ward in which I now offer to vote; that I do not hold the same in trust
for any body politic or corporate, or for any pious or religious use what-
soever; that I have not been before polled at this election, and that I
have not procured this freehold under any obligation or promise to
re-convey the same to the seller, after this election." And if the said
elector shall vote as a freeman, the following oath, to wit, " I do
solemnly and sincerely swear and declare in the presence of Almighty
God, that I am and have been for three months next and immediately
preceding this election, a freeman of the city of New York, and have
actually resided in the ward in which I now offer to vote, one month
now last past, and that I have not been before polled at this election."
And be it further enacted by the authority aforesaid^ That if any free- where
holder or freeman shall refuse or neglect to take the oath by this act Jefuse'to
appointed to be taken by him or them respectively; or if any elector takeoa^,
shall refuse or neglect to declare whether he votes in the right of a free- rej^ted.
holder or freeman, (being thereunto respectively required by the in-
spector,) then and in such case, the poll or vote of such person or per-
sons so neglecting or refusing, shall be, and the same is hereby declared
to be, null and void, and as such shall be rejected and disallowed ; any
charter, law, usage, or custom, to the contrary hereof, in any wise not-
withstanding.
And be it further enacted by the authority aforesaid^ That every mort- Who
gager, while he continues in the occupation of the premises mortgaged, f^hoiders
and every mortgagee of a real estate, to him and his heirs, after he
obtains possession of the mortgaged premises, and every person pos-
sessed of a freehold in right of his wife, shall be deemed and esteemed
a freeholder within the meaning of this act. But that no person or
persons, holding lands, tenements or hereditaments, in trust for any
body politic or corporate, or for any religious or pious use or purpose,
in virtue of such trust, nor any person under the age of twenty one
years, shall be qualified to vote for any of the officers aforesaid, which
shall hereafter be to be chosen, in and for the said city.
And be it further enacted by the authority aforesaid^ That every per- Freehold-
son seised of a freehold estate, of and in any houses or lots of ground, ^Vward.
of value sufficient by this act to entitle him to a vote, lying and being
on the east side of and fronting to the Broad Way, in the said city of
New York shall vote for the officers aforesaid, in the west ward only,
and not in the north ward of the said city, altho' their lots of ground
fronting the said Broad Way, shall extend in the same north ward; any
charter, law, usage or custom, to the contrary hereof, in any wise not-
withstanding.
CHAP, 43.
AN ACT concerning fines and recoveries of lands and tenements.
Passed the 26th of February, 1787.
Be it enacted by the People of the State of New York^ represented in Fines of
Senate and Assembly^ and it is hereby enacted by the authority of the same^ JJS^ments,
That all fines of lands and tenements shall be levied in the supreme how levied,
court, before the justices of the same court, and not elsewhere; and
Vol. 2.— 55
434 LAWS OF NEW YORK. [Chap. 43.
that when the original writ is returned and delivered to the court, a
pleader, in the presence of the parties, before the justices, shall say to
the court, " We pray leave to agree," and one of the justices shall say,
" Leave is granted by the court ; " and when the parties have made
their agreement, proclamation shall be made that all persons keep
silence while the agreement between the parties is read ; and the pleader
shall then read the concord between the parties, in open court, and
then deliver the same into court, where the cognizors shall acknowledge
and sign the same in the presence of the justices. And it is to be
known, that the order of the law will not suffer a final accord to be
levied, without an original writ, and that must be in the supreme court,
before two justices of the same court at the least, and in the presence
of the parties named in the writ, who must be of full age, of sound
memory, and out of prison ; and if a woman covert be one of the par-
ties, she must be first examined by one of the said justices, and if she
Pine levied doth not assent thereunto, the fine shall not be levied. And the cause
penoDs, wherefor such solemnity ought to be observed in a fine, is because a fine
noT**" ^^ ^^ ^^ ^^^^ ^ ^^^' ^^ ^^ great force, and of so strong a nature in itself,
that it concludeth not only such as be parties and privies thereto, and
their heirs, but all other people of the world, being of full age, not
covert of baron within this State, out of prison, and of sound memory,
the day of the fine levied, if they make not their entry and bring their
action within five years after the fine levied.
Fees on And be it further enacted by the authority aforesaid^ That nothing
of flneJ.*"^ shall be taken or paid for any writ or writs of covenant for levying of
any fines, but the accustomed fees for writing, and for the seal of the
same writ or writs ; and that all duties and impositions heretofore
demanded and taken upon levying of fines, for the alienation or licence
to agree, under the names of fines, post-fines, and the kings silver, shall
be and hereby are for ever abolished.
Procedure And be it further enacted by the authority aforesaid^ That as well the
of fines. ^^ parties demandant or plaintiff, as the tenants or defendants, that will
yield or acknowledge their right of land or tenements unto others, in
pleas, of warrantia chartae, covenant, or other pleas, whereupon fines are
to be or may be levied, shall before such fines do pass, appear person-
ally in the said supreme court, so that their age, idocy, or any other
default (if any be) may be adjudged and discerned by the justices : but
if any person or persons willing to levy such fine or fines, shall be out
of this State, or cannot by reason of age, sickness or other reasonable
impediment come in person before the justices in the said supreme
court, to acknowledge the same fine or fines, then and in every such
case, a writ or writs of dedimus protestatem may be granted out of the
court of chancery, to the justices of the supreme court, giving power to
them or any one or more of them, or to any other proper and discreet
men, of good fame and credit, residing at or near the place where such
party, being out of this State, or so diseased, or unable to travel, shall
be, given power to them, or any two or more of them to go to the
party being out of this State, or so diseased or unable to travel, and
to receive his, her or their acknowledgment or cognizance, upon that
plea, or form of plea, that he, she or they have or hath, whereupon the
same fine or fines ought to be levied; and the said justice or justices, or
other persons so impowered, shall certify the justices of the supreme
court thereof, by the record, so that all things incident to the same fine,
or fines, being examined by him or them, the same fine or fines may be
lawfully levied. And it shall and may be lawful for the chief justice of
the supreme court for the time being, to receive such acknowledgments
Chap. 43.] TENTH SESSION. 435
or co^izances as aforesaid, by virtue of his office, and without any such
commission as aforesaid. And further^ that no person to whom any Appea^
such fine shall be acknowledged, shall be allowed to appear in the said St^Siey.
supreme court by attorney, unless such attorney shall be appointed by
the person for whom he shall appear, before one of the justices of the
supreme court, or commissioners authorized by a writ of dedimus potes-
tatem out of the chancery, his, or her attorney, to gain or lose m the
plea, whereupon such fine is to be levied, and his warrant of attorney
be signed by such justice or commissioners.
And be it further enacted by the authority aforesaid^ That every person, Certiflcatee
who shall at any time hereafter take the acknowledgement or cognizance or wraS
of any fine, or any warrant of attorney of any demandant or plaintiff, of atU)r-
in any plea whereupon any fine or fines shall be levied, or of any mwle out.
demandant or plaintiff, or tenant or vouchee for suffering any common
recovery, or shall certify them or any of them, shall, with the certificate
of the concord or warrant of attorney, certify also the day and year
when the same was acknowledged, and that no person, who shall take
such acknowledgement or cognizance of any fine, or any warrant of
attorney, for any of the purposes aforesaid, shall be bound, or by any
means enforced to certify any such acknowledgement or cognizance, or
warrant, except it be within one year next after the same shall be taken.
And further y that no attornment in or upon any fine be entered upon
record, unless the party mentioned to attorn therein, shall have first
appeared in court in person, or by attorney warranted by the hand of
one of the justices of the supreme court, or commissioners as aforesaid,
upon a writ of quid juris clamat, quern redditum reddat, or per quae
scrvitia, as the case may require; and every entry of attornment here-
after to be made, where there shall be no appearance as aforesaid, shall
be utterly void and of none effect, without any writ of error, or other
means to be used for the avoiding thereof.
And be it further enacted by the authority aforesaid^ That after the Fines to
engrossing of every fine hereafter to be levied in the said supreme prooffOmed
court, before the justices of the same court, of any lands, tenements or in court
other heritaments, the same fines shall be openly and solemnly read and terms,
proclaimed in the same court, four times, that is to say, once in the same
term wherein it is engrossed, and once in every of the three terms holden
next after the same engrossing, and in the same time that it is so read
and proclaimed, all pleas shall cease ; and the said proclamations being
so had and made, the fine shall be a final end, and conclude as well
privies as strangers to the same, except women covert not parties to the
same fine, and every person then being within the age of twenty one
years, in prison, or out of this State, or not of sound mind at the time
of the said fine levied, not parties to such fine, saving to every person
and persons, and to their heirs other than the parties to the said fine,
such right, claim and interest, as they have to or in the said lands, tene-
ments or other hereditaments, at the time of such fine engrossed, so that
they pursue their title claim or interest, by way of action or lawful
entry, within five years next after the said proclamations had and made;
and savmg also to all persons, such action, right, title, claim and inter-
est, in or to the said lands, tenements or other hereditaments, as first
shall grow, remain, descend or come to them, after the said fine ingrossed
and proclamation made, by force of any gift, or by any other cause or
matter had and made before the said fine levied, so that they take their
action, or pursue their said right or title according to law, within five
years next after such action, nght, claim, title or interest to them
accrued, descended, fallen or come, and that they and their heirs may
436 LAWS OF NEW YORK. [Chap. 43.
have their said action against the pernor of the profits the said lands^
tenements, and other hereditaments, at the time of the said action to be
taken; and if the same persons at the time of such action, right and title
accrued, descended, remained or came unto them, be covert of baron, or
within age, or in prison, or out of this State, or not of sound mind, then
their action, right, and title, to be reserved and saved to them, and to their
heirs, unto the time that they come and be at their full age of twenty
one years, out of prison, within this State, discovert and of sound mind,
so that they or their heirs, take and pursue according to law, their said
actions or their lawful entry, according to their right and title, within
five years next after they come and be at their full age, out of prison,
Riffhtof within this State, discovert, and of sound mind. And further^ that all
sor^o^' such persons as be covert of baron, and not party to the fine, and every
th fl*e'^ person being within the age of twenty one years, or in prison, or out of
to bring this State, or not of sound mind, at the time of the said fine levied and
entn^" ^' ingrossed, and by this act before excepted, having any right or title, or
cause of action, 'to any of the said lands, tenements, or other herita-
ments, that they or their heirs inheritable to the same, take their said
actions, or lawful entry according to their right and title, within five
years next after they come and be of the age of twenty one years, out
of prison within this State, discovert, and of sound mind; and the same
actions sue, or their lawful entry take and pursue, according to law; and
if they do not take their actions and entry as is aforesaid, they and every
of them, and their heirs, and the heirs of every of them shall be con-
cluded by the said fine for ever, in like form as they be that be parties
or privies to the said fine; saving to every person and persons not party
nor privy to the said fine, their exception to avoid the same fine, for that
those who were parties to the said fine, had nothing, nor either of them,
nor any person or persons to their use, nor to the use of either of them^
had any thing in the lands and tenements comprised in the said fine»
at the time of the said fine levied.
Entry on And be it further enacted by the authority aforesaid^ That no entry to
not'Si^^*'' be made upon any lands, tenements or hereditaments, shall be of any
avoid fine, force or effect to avoid any fine levied, or to be levied with proclama-
tions in the said supreme court, unless upon such entry, an action shall
be commenced within one year after making such entry, and prosecuted
with effect.
Write, re- And be it further enacted by the authority aforesaid^ That every writ
on^which" of covenant, and other writ whereupon any fine shall hereafter be levied,
fine levied, with the return thereof, the writ of dedimus potestatem, for taking the
In offloeof acknowledgment or cognizance of any of the same fines, with the return
cio'k of thereof, the concord, note and foot of every such fine, the proclama-
tions thereupon, and the licence to agree, and also every original writ
of entry in the post, or other writ, whereupon any common recovery
shall hereafter be suffered or passed, with the returns of the same writs,
and the writs of summons ad warrantizandum, with the returns thereof,
and every warrant of attorney, as well of every demandant and tenant,
as vouchee, shall and may be inrolled in rolls of parchment, to be of
record for ever, and to remain in the safe custody of the clerk of the
supreme court, and his successors. And that the said inrollments shall
be of as good force, and validity in law, to all intents and purposes, as
the same writs, concords, notes, feet, and warrants of attorney, ought to
be, by law. And further ^ that the original writ whereupon any fine
shall be levied, with the return thereof, the warrants of attorney, if there
be any, taken before any or either of the justices of the supreme court,
the licence to agree, and concord of every fine, shall be inrolled upon
Chap. 43.] TENTH SESSION. 437
one and the same roll ; and the writs of dedimus potestatera, if there be
any, with the returns thereof, and the note and foot of the same fine,
shall be inrolled upon seperate rolls.
And for the more easy discovery of fines, and the security of purchas- Pines to be
€rs; Be it further enacted by the authority aforesaid^ That the counter- J^^^'
part of the foot of every fine hereafter to be levied, which is to be office of
delivered to the party, shall be signed by one of the judges of the said Sounty'
supreme court, and by the clerk of the said court; and shall be recorded J^^^J'^ii .
by the clerk of the city or county where the lands or tenements, com- noUce to
prised in the same fine, shall be situated, in a book to be by him kept for ^p^^^*^*
that purpose within one year next after the ingrossing of the same fine,
at the expence of the party to whom the same shall be levied. And that
the respective clerks of every city and county of this State for the time
being shall, without fee or reward, immediately after recording the same^
make and write, or cause to be made or written, a table or note, wherein
shall be contained the contents of the same fine, so recorded in their
respective offices, that is to say, the names of the parties, and descrip-
tion of the lands and tenements comprised in such fine, and the time of
levying the same ; and shall, on the first day of the next general sessions
of the peace for the same city or county, affix the same on the principal
door of the court house, of the same city or county, and see that the
same continue there during the same session, upon pain that every clerk
offending therein, shall forfeit the sum of ten pounds; one moiety thereof
to the people of this State, and the other moiety to him or them who
will sue for the same, in any court of record, by action of debt, bill ;
plaint or information.
And be it further enacted by the authority aforesaid^ That no fines, Flnea not
proclamations upon fines, or common recovery, heretofore had, levied, JoJ tSjh-*
suffered or passed, or hereafter to be had, levied, suffered or passed, shall nicai
be reversable by any writ of error, for any razure, interlinmg, misenter- ®"'^"-
ing of any warrant of attorney, or of any proclamation, misreturning or
not returning of the sheriff, or other want of form in words, and not in
matter of substance.
And be it further enacted by the authority aforesaid^ That no fine or Jive years
common recovery, shall hereafter be reversed or avoided, for any error J^^S^ ^^
or defect therein, unless the writ of error, or suit for reversing such fine reverse
or recovery, be commenced or brought, and prosecuted with effect, within **
five years after such fine levied, or recovery suffered:
Provided always^ that if any person who is or shall be intitled to any id., to
such writ of error as aforesaid, shall at the time of such title accrued, tuuJ^^
be within the age of twenty one years, or covert of baron, or imprisoned, disoorer-
or not of sound mind, or out of this State, then such person, or his or ^^* ^
her heirs, notwithstanding the said five years expired, shall and may
bring his, her or their writ of error, for reversing any such fine, or recov-
ery, so as the same be brought within five years after his or her full age,
discoverture, enlargement out of prison, coming of sound mind, or com-
ing within this State, but not afterwards, or otherwise.
438
LAWS OF NEW YORK,
[Chap. 44.
CHAP. 44.
Deeds of
fift iu trust
orCTaator
declared
TOid.
Grants in
fraud of
creditors
declared
void ex-
cept as
atfainst
^rrantors.
AN ACT for the prevention of frauds.
Passed the 26th of Februaiy, 1787.
Be it enacted by the People of the State of New Yorky represented in
Senate and Assembly^ and it is hereby enacted by the authority of the same^
That all deeds of gift, and conveyances of goods and chattels, made or
to be made in trust to the use of the person or persons making the same
deed of gift, or conveyance, shall be, and hereby are declared to be void,
and of none effect.
And for the avoiding and abolishing of all feigned, convenous and
fraudulent feoffments, gifts, grants, alienations, conveyances, bonds^
suits, judgments and executions, as well of lands and tenaments, as of
goods and chatties, which have been, and are devised and contrived of
malice, fraud, covin, collusion or guile, to the end, purpose and intent,
to delay hinder or defraud creditors, and others, of their just and lawful
actions, suits, debts, accounts, damages, penalties, forfeitures and
demands, not only to the let or hindrance of the due course and execu-
tion of law and justice, but also to the overthrow of all true and plain
dealing, bargaining and chevisance, between man and man, without
which no common wealth or civil society can be maintained, or con-
tinued.
Be it further enacted by the autJwrity aforesaid. That all and every
feoffment, gift, grant, alienation, bargain and conveyance of lands, tene-
ments, hereditaments, goods and chatties, or of any of them, or of any
lease, rent, common, or other profit or charge out of the same lands, ten-
ements, hereditaments, goods or chattels, or any of them, by writing or
otherwise, and all and every bond, suit, judgment and execution, at any
time had or made or hereafter to be had or made, to or for any intent
or purpose before declared and expressed, shall be from henceforth
deemed and taken (only as against that person or persons, his, her or
their heirs, successors, executors, administrators and assigns, and every
of them, whose actions, suits, debts, accounts, damages, penalties, for-
feitures, and demands, by such guileful, covenous or fraudulent devices
and practices as aforesaid, are, or shall or may be in any wise disturbed,
hindred, or defrauded,) to be clearly and utterly void, frustrate and of
none effect, any pretence, colour, feigned consideration, expressing of
use, or any other matter or thing, to the contrary notwithstanding.
And for as much as not only the people of this State, but divers of
the citizens thereof, and bodies politic and corporate, after conveyances
obtained or to be obtained, and purchases made or to be made, of lands,.
tenements, leases, estates, and hereditaments, for money or other good
considerations, may have, incur and receive great loss and prejudice, by
reason of fraudulent and covenous conveyances, estates, gifts, grants,,
charges and limitations of uses heretofore made, or hereafter to be made,
of in or out of the lands, tenements or hereditaments so purchased, or
to be purchased, which said gifts, grants, charges, estates, uses and con-
veyances were, or hereafter shall be, meant and intended, by the parties
who so make the same, to be fraudulent and covenous, or purpose and
intent to deceive such as have purchased, or shall purchase the same;
or else by the secret intent of the parties, the same to be to their own
proper use and at their' free disposition, coloured nevertheless, by a
feigned countenance, and shew of words and sentences, as though the
Chap. 44.] TENTH SESSION. 439
same were made bona fide, for good causes, and upon just and lawful
considerations.
For remedy of which inconveniences, and for the avoiding of such
fraudulent feigned and covenous conveyances, gifts, grants, charges, uses
and estates, and for the maintenance of upright and just dealing in the
purchasing of lands, tenements and hereditaments.
Be it further enacted by the authority aforesaid^ That all and every con- Id.
veyance, grant, charge, lease, estate, incumbrance and limitation of use
or uses, of, in or out of any lands, tenements or other hereditaments
whatsoever, had or made or hereafter to be had or made, for the intent
anr' purpose to defraud and deceive such person or persons, bodies
politic or corporate, as have purchased or shall hereafter purchase any
estate of inheritance, or for life, lives or years, of or in the same lands,
tenements, or hereditaments, or any part or parcel thereof, so before
conveyed, granted, leased, charged, incumbered, or limited in use, or
to defraud and deceive such as have or shall purchase any rent,
profit or commodity, in or out of the same, or any part thereof, shall be
deemed and taken, (only as against the person and persons, bodies
politic and corporate, his, her and their heirs, successors, executors,
administrators and assigns, and against all and every other person and
persons lawfully having or claiming, by from or under them, or any of
them, who have purchased, or shall hereafter so purchase, for money or
other good consideration, the same lands, tenements or hereditaments,
or any part or parcel thereof, or any rent, profit or commodity, in or
out of the same,) to be utterly void, frustrate and of none effect, any
pretence, colour, feigned consideration, or expressing of any use or uses,
to the contrary notwithstanding.
And be it further enacted by the authority aforesaid^ That all and every Penalty for
the parties to such feigned covenous or fraudulent feoffment, gift, grant, fraudulent
alienation, bargain, lease, charge, conveyance, bonds, suits, judgments, convey-
executions, and other things before expressed, or being privy and know-
ing of the same, or any of them, who at any time hereafter, shall wit-
tingly and willingly put in use, avow, maintain, justify, or defend the
same, or any of them, as true, simple, and done, had or made, bona fide,
and upon good consideration, or shall alien or assign, any the lands,
tenements, goods, leases, or other things before mentioned, to him, her or
them, conveyed as aforesaid, or any part thereof, shall incur the penalty
and forfeiture of one years value of the said lands, tenements, and here-
ditaments, leases, rents, commons or other profits, of or out of the same,
and the whole value of the said goods and cliattels, and also so much
money as is or shall be contained in any such convenous and feigned bond,
the one moiety whereof to be to the people of the State of New York,
and the ether moiety to the party or parties grieved by such feigned and
fraudulent feoffment, gift, grant, alienation, bargain, conveyance, bonds,
suits, judgments, executions, leases, rents, commons, profits, charges and
other things aforesaid, to be recovered in any court of record, by action
of debt, bill, plaint, or information.
And be it further encuted by the authority aforesaid^ That if any per- Ctonvey-
sou or persons have made, or hereafter shall make, any conveyance, fandafor
gift, grant, demise, charge, limitation of use or uses, or assurance, of in value to
or out of any lands, tenements, or hereditaments, with, any clause, pro- previous
vision, article, or condition of revocation, determination or alteration, at £[fning®°"
his, her or their will or pleasure, of such conveyance or assurance, gift, power of
grant, limitation of use or uses, or estates, of, in or out of the said ^^^*^' °°*
lands, tenements or hereditaments, or of, in or out of any part or parcel
of them, contained or mentioned in any writing, deed or indenture, and
440 LAWS OF NEW YORK. [Chap. 44.
after such conveyance, gift, grant, demise, charge, limitation of use or
uses, or assurances so made, or had, shall or do, bargain, sell, demise
grant, convey or charge the same lands, tenements or hereditaments, or
any part or parcel thereof, to any person or persons, bodies politic and
corporate for money or other good consideration, paid or given, (the
said first conveyance, assurance, gift, grant, demise, charge or limitation,
not by him, her or them revoked, made void or altered, according- to
the power and authority reserved or expressed unto him, her or them,
in and by the said secret conveyance, assurance, gift, or grant,) then the
said former conveyance, gift, grant, demise, charge, limitation of use
and uses, and assurance, as touching the said lands, tenements and
hereditaments, so after bargained, sold, demised, granted, conveyed or
charged, against the said bargainees, vendees, lessees, ^antees, and
every of them, their heirs successors, executors, administrators and
assigns, and against all and every person or persons, who have or claim,
. or shall or may lawfully have or claim any thing, by, from or under
them, or any of them, shall be deemed taken and adjudged to be void,
frustrate, and of none effect, by virtue and force of this act.
Id.; not to Prmnded always^ and be it further enacted by the authority aforesaid^
Sranta That this act, or any thing therein contained, shall not extend or be
made In construed to impeach, defeat, make void or fnistrate, any conveyance,
and for assignment of lease, assurance, grant, charge, lease, estate, interest, or
value. limitation of use or uses, of, in, to or out of any lands, tenements or
hereditaments, goods or chatties, at any time heretofore had or made,
or hereafter to be had or made, upon or for good consideration, and
bona fide, to any person or persons, bodies politic or corporate, not
having at the time of such conveyance or assurance to him, her or them
made, any manner of notice, or knowledge of such covin, fraud or col-
lusion, as is aforesaid; and that no lawful mortgage, made or to be
made, bona fide, and without fraud or covin, and upon good considera-
tion, shall be impeached or impaired by force of this act, but the same
shall stand in like force and effect, as the same should have done, if
this act had never been made, any thing before in this act, to the con-
trary in any wise notwithstanding.
And whereas sundry common recoveries of lands, tenements and
hereditaments have been had and hereafter may be had, against a tenant
of the free hold, the reversion or remainder, or the right of the rever-
sion or remainder, then begin in some other person or persons.
Common Be it further enacted by the authority aforesaid^ That every such
to^haveT common recovery heretofore had, and hereafter to be had, of any lands
8^6 ^ect tenements or hereditaments, shall as touching such person and persons
person en- who then had any reversion or remainder, or right of reversion or
revereion remainder, and against the heirs of every of them, stand, remain and
as If this be, of such like force and effect, and of none other, as the same should
JSase? have been, if this act had never been made.
Act not to Provided always^ and be it further enacted by the authority aforesaid^
vouchers That this act, or any thing herein before contained, shall not extend to
In wHte of niake void any estate or conveyance, by reason whereof any person or
orm on. pgj|.gQjjg gj^^^H yg^ ^^y voucher in any writ formedon now depending,
or hereafter to be depending ; but that all and every such vouchers in
any writ of formedon, shall stand and be in like force and effect, as if
this act had never been made.
And for the prevention of many fraudulent practices which are com-
monly endeavored to be upheld by perjury, and subornation of perjury;
Leasee not Be it further enacted by the authority aforesaid. That all leases, estates,
in writing interest of freeliold, or terms of years, or any uncertain interests, of> in.
Chap. 44.J TENTH SESSION. 441
to or out of any messuages, manors, lands, tenements or hereditaments, to be
made or created, or hereafter to be made or created, by livery and litSMat
seisin only, or by parol and not in writing, and signed by the parties so '^*^-
making and creating the same, or their agents thereunto lawfully author-
ized by writing, shall have the force and effect of leases or estates at
will only, and shall not, either in law or equity, be deemed or taken to
have any other or greater force or effect, and consideration for making
any such parol leases or estates, or any former law or usage, to the con-
trary notwithstanding. Except ntverihdess^ all leases not exceeding the Leases
term of three years from the making thereof, whereupon the rent reserved Jeara!'^^
to the land lord during such term, shall amount unto two third parts at
the least, of the full improved value of the thing demised.
And be it further enacted by the authority aforesaid^ That no leases. Assign-
estates or interests, either of freehold, or terms of years, or any uncertain ™2m void
interest, of, in, to or out of any messuages, manors, lands, tenements or w not in
hereditaments, shall at any time hereafter be assigned, granted or sur- ^ °**
rendered, unless it be by deed or note in writing, signed by the party
so assigning, granting or surrendering the same, or their agents there-
unto lawfully authorized by writing, or by act and operation of law.
And be it further enacted by the authority aforesaid^ That no action shall Certain
be brought whereby to charge any executor or administrator, upon any ?St<nf*Bot
special promise to answer damages out of his own estate, or whereby to *** writing,
charge the defendant upon any special promise to answer for the debt
default or miscarriages of another person, or to charge any person upon
any agreement made upon consideration of marriage, or upon any con-
tract or sale of lands, tenements or hereditaments, or any interest in or
concerning them, or upon any agreement that is not to be performed
within the space of one year from the making thereof, unless the agree-
ment upon which such action shall be brought, or some memorandum
or note thereof, shall be in writing, and signed by the party to be charged
therewith, or some other person thereunto by him or her lawfully author-
ized.
And be it furtJur enacted by the authority aforesaid^ That all declar- Declara-
tions or creations of trusts or confidences, of any lands, tenements or iJSsts^of
hereditaments, shall be manifested and proved by some writing, signed jandsyold
by the party who is or shall be by law enabled to declare such trust, or writing"!
by his last will in writing, or else they shall be utterly void, and of none
effect. But all declarations or creations of uses, trusts or confidences,
of any fines or common recoveries, of any lands, tenements or heredita-
ments, manifested and proved, or which hereafter shall be manifested
and proved, by any deed already made, or hereafter to be made, by the
party who is or shall be by law enabled to declare such uses or trusts,
after the levying or suffering of any such fines or recoveries, are and
shall be as good and effectual in the law, as if this clause of this act had
not been made. .
J^rovtded always^ and be it further enacted by the authority aforesaid^ Act not to
That where any conveyance hath been or shall be made, of any lands, ff^ ^^^
tenements or hereditaments, by which a trust or confidence shall or may »ted or
arise or result by implication or construction of law, or be transferred |d\)j^p-
or extinguished by act or operation of law, then and in every such case, JJJ^"*** ^^
such trust or confidence shall be of the like force and effect, as the
same would have been, if this act had not been made.
And be it further enacted by the authority aforesaid^ That all grants Assign-
and assignments of any trust or confidence, shall likewise be in writing JJIJJJJ ®'
signed by the party, granting or assigning the same, or by his or her last murt bein
will in writing, or else shall likewise be utterly void, and of none effect. ^^^'
Vol. 2. — 56
442
LAWS OF NEW YORK.
[Chap. 45.
' Contracts
for soods
of £10 or
upward
not void
unless
earnest
paid or
memoran-
dum made.
Afid be it further enacted by the authority aforesaid^ That no contract
for the sale of any goods wares and merchandize for the price of ten
pounds or upwards, shall be allowed to be good, except the buyer shall
accept part of the goods so sold, and actually receive the same, or give
some thing in earnest to bind the bargain, or in part of payment, or that
some note or memorandum in writing of the said bargain be made, and
signed by the parties to be charged by such contract, or their agents
thereunto lawfully authorized.
CHAP. 45.
Preamble.
Convey-
ances in
Rood faith
acknowl-
edged be-
fore British
authorities
declared
valid.
Judgments
heretofore
recovered
not af-
fected.
AN ACT concerning the proofs, acknowledgments and registries
of certain deeds and conveyances.
Passed the ist of March, 17S7.
Whereas during the late war, between the United States of America
and the king of Great Britain, many deeds, conveyances and writings,
relating to the title or property of lands, messuages, tenements or hered-
itaments, within this State, executed bona fide, and for good and valu-
able considerations, within the southern district of this State, have been
proved and acknowledged before, and registered by, persons residing in
the said district, and deriving their authority from the said king.
And whereas it has now become impracticable, from the death of
many persons, and the removal of others from this State, before and
since the conclusion of the said war, to have the said deeds conveyances
and writings proved, acknowledged and registered, in the manner
required by the laws of this State, by reison whereof many of the said
deeds, conveyances and writings, will be rendered altogether invalid
and ineffectual, therefore.
Be it enacted by the People of the State of Ne^u York, represented in
Senate and Assembly, and it is hereby enacted by the authority of the same^
That all deeds, conveyances and writings, relating to the title or prop-
erty of any lands, messuages, tenements or hereditaments, within this
State, which have been executed bona fide, and for good or valuable
considerations, within the southern district of this State, after the ninth
day of July, in the year one thousand seven hundred and seventy six,
and before the twenty fifth day of November one thousand seven hun-
dred and eighty three, and have been proved and acknowledged before,
and registered by any person or persons residing in the said district,
and deriving authority for the purpose from the said king of Great
Britain, in the mode and manner which have been usual in cases of the
like nature, whilst this State was a colony, shall be as valid and effectual
in the law, and shall have the like operatidn and effect in every respect,
to all intents, constructions and purposes whatsoever, as if the said
deeds, conveyances and writings, had been proved and acknowledged,
before, and registred by, persons duly authorized by the laws of this
State, to take the proofs and acknowledgments of the said deeds, con-
veyances and writings, and to register the same. Provided always that
nothing in this act shall be construed to prevent or stay any execution
or writ of possession in any cause wherein judgment has been given,
and no execution or writ of possession issued.
Chap. 46.] TENTH SESSION.
CHAP. 46.
AN ACT to complete the running a certain line of jurisdiction
therein mentioned between this State, and the Commonwealth
of Massachusetts.
Passed ihe ist of March, 1787.
Whereas an agreement was made and entered into, on the eighteenth Preamble,
day of May in the year one thousand, seven hundred and seventy- three,
between commissioners appointed by an act of the legislature of the late
colony of New York, and commissioners appointed by an act of the leg-
islature of the late colony of the Massachusetts bay, which agreement is ,
in the words following, to wit, ** This Agreement indented, made the ^
eighteenth day of May, in the thirteenth year of the reign of his most
gracious majesty George the third, king of Great Britain, France and
Ireland, defender of the faith &c and in the year of our Lord one thous-
and, seven hundred, and seventy-three, between John Watts, William
Smith, Robert R. Livingston and William NicoU Esquires, duly author-
ized to make such agreement, by virtue of a law of the province of New
York of the one part ; and William Brattle, Joseph Hawley and John
Hancock Esquires, thereunto also duly authorized by virtue of a law of
the province of Massachusetts-bay of the other part; witnesseth, that the
commissaries aforesaid, being met at Hartford in the colony of Con-
necticut, for the settlement of a partition line of jurisdiction between the
said provinces of New York, and the Massachusetts bay, on the easterly
part of the said province of New York, and from the south to the north
boundaries of the said Massachusetts-bay, in pursuance of the said laws,
and certain commissions respectively issued to the commissiaries above
named, by the governors of the provinces aforesaid ; and in compliance
with the royal recommendation, heretofore signified to Sir Henry Moore
Baronet, and Francis Bernard Esquire, the then governors of the said
provinces, by letters from the Right Honorable the Earl of Shelbume,
late one of his majesty's principal secretaries of state ; and after having
had divers conferences relative to the aforesaid boundary of the said
provinces, they the said commissaries, do thereupon unanimously agree
that the following line, that is to say, a line beginning at a place fixed
upon by the two governments of New York and Connecticut in or about
the year of our Lord, one thousand, seven hundred and thirty-one, for the
north west comer of a tract of land commonly called the Oblong or equiv-
alent land, and running from the said corner north twenty-one degrees,
ten minutes and thirty seconds east as the magnet needle now points to
the north line of the Massachusetts bay, shall at all times hereafter, be
the line of jurisdiction between the said province of the Massachusetts
bay, and the said province of New York, in all and every part and place
where the said province of New York on its eastern boundary, shall
adjoin on the said province of the Massachusetts bay. In testimony
whereof the commissaries aforesaid have hereunto set their hands and
seals the day and year first abovementioned."
And whereas the governors of the said colonies of New York and Massa-
chusetts-bay, by an instrument in writing under their hands and seals
respectively, bearing date the eighteenth day of May in the year of our
Lord, one thousand, seven hundred and seventy-three, signified their
approbation of the said agreement, which said instrument is in the words
following, to wit, "We the governors of the provinces aforesaid, having '
444 LAWS OF NEW YORK. [Chap. 46.
been present at the execution of the agreement aforesaid, in testimony of
our consent thereto, and of our approbation thereof have hereunto set
our hands and seals at Hartford aforesaid, this eighteenth day of May
in the year of our Lord one thousand seven hundred and seventy-three,
and the thirteenth year of his majestys' reign."
And whereas since the settlement of the said jurisdiction line in man-
ner aforesaid, commissioners and surveyors have been twice appointed on
the part of the said State of New York, and Commonwealth of Massa-
chusetts respectively, to run and mark the said line pursuant to the
articles of agreement; and although such commissioners in both instances
proceeded in part to run the said line, yet they could not agree so as to
complete the same. And whereas the borderers on the said line now
suffer great inconvenience and injustice by being exposed to taxation
. under the authority of both governments, and a regard to their security
and the public tranquility require that some adequate remedy shall be
provided.
And whereas the time limited, by the act entitled "An act to authorize
the United States in Congress assembled to appoint commissioners to
complete the running a certain line of jurisdiction therein mentioned
between this State and the Commonwealth of Massachusetts " passed the
seventh day of March 1785, in which the commissioners thereby
appointed were to execute the trust reposed in them, will expire on the
seventh day of March next. Therefore
CoDffress Be it enacted by the People of the State of New Yorky represented in
p<5n*Ki'o Senate and Assembly, and it is hereby enacted by the authority of the samCy
commis- That it shall and may be lawful to and for the United States of America
run Massa- in Congress assembled, and they are hereby fully authorized to appoint
houndiSy ^^ skilful, judicious and disinterested persons, who, together with John
line. Ewing, David Rittenhouse and Thomas Hutchins Esquires, shall be
commissioners to run out, survey, mark and ascertain the said line of
jurisdiction between this State and the Commonwealth of Massachusetts,
according to the true intent and meaning of the articles of agreement
herein before recited.
Runninfrof And be it further enacted by the authority aforesaid. That it shall and
iKe?h^ may be lawful to and for the Honorable Robert Yates Esquire, Philip
commiB- Schuyler, Gerard Bancker and Simeon DeWitt Esquires, or any two of
pnSeSl.*^ them, with the assistance of the said John Ewing, David Rittenhouse
and Thomas Hutchins, and the commissioners so to be appointed by
the United States, or a majority of them or a majority of such of them
as shall attend to agree with any agent or agents thereunto appointed,
or to be appointed by the Commonwealth of Massachusetts, on what
principles the said line shall be run; and if such agreement cannot be
effected, then the said John Ewing, David Rittenhouse and Thomas
Hutchins, and the other commissioners so to be appointed by the said
United States, or a majority of them, or a majority of such of them
shall attend, are hereby fully authorized and empowered to estimate the
variation of the variation* of the needle, since the said eighteenth day
of May 1773, o^ such principles as to them shall appear just and equit-
able, and to run the said line accordingly.
Boundary And be it further encuted by the authority aforesaid, That the line so to
to rem^° be run, marked and ascertained by the said commissioners, or by such
ulfilne^of '"^jority as aforesaid, according to the true intent and meaning of the said
jurisdio- articles of agreement, shall be, and forever hereafter remain, a jurisdic-
tion, jj^^ Q^ boundary line, as far as the same shall extend, between the Conn-
u
•Soinoiifflnal.
Chap. 47.] .TENTH SESSION. 445
monwealth of Massachusetts and this State, provided always that the said Commte-
commissioners shall before they proceed upon the execution of their be Sworiu
trust, be respectively sworn in the presence of a magistrate to perform
the same faithfully and impartially, according to the best of their skill
and judgment, and shall within two years from the passing of this act
compleat the said survey, and make a true and exact return thereof into
the secretary's office of the United States in Congress assembled, in order
there to be filed as a perpetual evidence of the said jurisdiction line, pro^ PpovIbo;
vided also that the legislature of the Commonwealth of Massachusetts J^tmo*"'
shall consent to such appointment of commissioners, and shall within consent.
nine months from the passing of this act, pass a law for vesting the
United States in Congress assembled with similar powers and authorities,
as are vested in them in and by this act.
And be it further enacted by the authority aforesaid^ That the said Documents
Robert Yates, Philip Schuyler, Gerard Bancker and Simeon DeWitt, Sshed^to
shall furnish the commissioners with the necessary documents and papers ^'P™™!*"
-. , • y y ii'i 1 r • •! sioners;
relative to the said line, and disburse and pay from time to time the expenses.
one half of the expences attending the survey, as well as to pay the said
commissioners the one moiety of their services, and they or any two of
them are hereby authorized, to draw upon and receive from the treas-
urer of this State, a sum not exceeding five hundred pounds, for the
purposes aforesaid, and for which they shall be accountable to this State.
And be it furtfur enacted by the authority aforesaid^ That the act Acts
entitled "An act to authorize the United States in Congress assembled, Jl^td.
to appoint commissioners to complete the running a certain line of jur- '
isdiction therein mentioned, between this State and the Commonwealth
of Massachusetts," passed the 7th day of March 1785, and the act sup-
plementary thereto passed the 29th day of April 1786 are hereby sever-
ally repealed.
CHAP. 47.
AN ACT to reduce the laws concerning wills into one statute.
Passed the 3d of March, 1787.
Be it enacted by the People of the State of He^v York^ represented in WiUs of
Senate and Assembly, and it is hereby enacted by the authority of t/ie same, to^i^^
that all and every person and persons having a sole estate or interest in or testator,
fee simple, or of any estate of inheritance, or seized in fee simple in
coparcenary, or in common in fee simple, or of any estate of inheri-
tance, of and in any manors, lands, tenements, rents or other heredita- ,
xnents, in possession, reversion or remainder, or of rents or services
incident to any reversion, or remainder, shall have full and free liberty,
power and authority, to give, dispose, will or devise, to any son or
persons (except bodies politic and corporate) by his last will and testa-
ment in writing, or otherwise, by any act or acts lawfully executed in his
life time, by himself solely, or by himself and others jointly, severally,
or particularly, or by all those ways or any of them, as much as in him
of right is or shall be, all his said manors, lands tenements, rents and
hereditaments, or any of them, or any rents commons, or other profits
or commodities, out of, or to be perceived of the same, or out of any
,part thereof, at his own free will and pleasure. Provided always
446 LAWS OF NEW YORK. [Chap. 47.
wills, how And be it further enacted by the authority aforesaid^ That all devises
ejwcuted.^ and bequests of any manors, lands, tenements, rents or hereditaments,
or of any rents, commons, or other profits or commodities, out of or to
be preceived of the same, shall be in writing, and signed by the party so
devising the same, or by some other person in his presence, and by his
express directions ; and shall be attested and subscribed in the presence
of the said devisor, by three or more credible witnesses, or else they
shall be utterly void, and of none effect.
Revocation And be it further enacted by the authority aforesaid^ That no devise or
of wills, bequest in writing, of any manors, lands, tenements, rents, or heredita-
ments, or of any rents, commons, or other profits or commodities, out of,
or to be perceived of the same, or out of any parcel thereof, or any
clause thereof, shall be revocable, otherwise than by some other will, or
codicil in writing, or other writing declaring the same, or by burning,
cancelling, tearing or obliterating the same, by the testator himself, or
in his presence, and by his direction and consent; but all devises and
bequests, of any manors, lands, tenements, rents or hereditaments, or of
any rents, commons, or other profits or commodities, out of, or to be
perceived of the same, or out of any parcel thereof, shall remain and
continue in force, until the same be burnt, cancelled, torn or obliterated
by the testator, or by his directions in manner aforesaid, or unless the
same be revoked or altered by some other will or codicil in writing or
other writing of the devisor, signed in the presence of three or more
witnesses declaring the same.
Esutesour And be it further enacted by the authority aforesaid^ That all estates pur
devSws oi. auter vie, shall be devisable by will in writing, signed by the party so
devising the same, or by some other person in his presence, and by his
express directions, and attested and subscribed in the presence of the
devisor by three or more witnesses. And if no such devise thereof be
made, the same, or so much thereof as shall not be so devised, shall go
to the executors or administrators, of the party who had the estate
thereof by virtue of the grant, and shall be assets in their hands, and be
applied and distributed in the same manner as the personal estate of the
testator, or intestate,
wills of And be it further enacted by the authority aforesaid^ That wills or tes-
b^^ertai^ taments made of any manors, lands, tenements, rents or hereditaments,
persons to or of any rents, commons, or other profits or commodities, out of, or to
^° * be perceived of the same, by any woman covert, or person within the
age of twenty one years, idiot, or any person of unsane memory, shall
not be taken to be good or effectual in the law.
Devise to And be it further enacted by the authority aforesaid^ That if any person
wiifdeciar- ^^^^ attested the execution of any will or codicil, after the first day of
ed void. March in the year of our Lord one thousand seven hundred and fifty
three, or shall attest the execution of any will or codicil, hereafter to be
made, to whom any beneficial devise, legacy, estate, interest, gift, or
appointment, of or affecting any real or personal estate, other than and
except charges on lands, tenements or hereditaments, for the payment
of any debt or debts, hath been or shall be thereby given or made, such
devise, legacy, estate, interest, gift or appointment, shall, so far only as con-
cerns such person attesting the execution of such will or codicil, or any
Devisee person claiming under him, be utterly null and void: And such person
Simitted ^^^ ^^ admitted as a witness to the execution of such will or codicil
as witness, within the intent of this act, notwithstanding such devise, legacy, estate,
interest, gift or appointment, mentioned in such will or codicil.
Creditor And be it further enacted by the authority aforesaid^ That in case by
U (barged any will or codicil, made or to be made, any lands, tenements or here-
Chap. 47.J TENTH SESSION. 447
ditaments, are or shall be charged with any debt or debts, and any cred- on lands
itor whose debt is so charged, hath attested, or shall attest the execution may bel
of such will or codicil, every such creditor, notwithstanding such charge, ^tness.
shall be admitted as a witness to the execution of such will or codicil,
within the intent of this act. And further^ that if any person hath witnesses
attested the execution of any will or codicil, made on or before the said deviM is
first day of March, in the year of our Lord one thousand seven hun- made,
dred and fifty three, to whom any legacy or bequest is thereby given,
whether charged upon lands, tenements or hereditaments, or not, and
such person, before he shall give his testimony concerning the execu-
tion of any such will or codicil, shall have been paid, or have accepted
or released, or shall have refused to accept such legacy or bequest, upon
tender made thereof, such person shall be admitted as a witness to the
execution of such will or codicil, within the intent of this act, notwith-
standing such legacy or bequest ; and in case of such tender and refusal
as aforesaid, such person shall in no wise be entitled to such legacy or
bequest, but shall be forever afterwards barred therefrom, and in case
of such acceptance as aforesaid, such person shall retain to his own use
the legacy or bequest which shall have been so paid, satisfied or accepted,
notwithstanding such will or codicil shall afterwards be adjudged or
determined to be void for want of due execution, or for any other cause
or defect whatsoever. And further^ that in case any such legatee as
aforesaid, who hath attested the execution of any will or codicil made
on or before the said first day of March, in the year of our Lord one
thousand seven hundred and fifty three, shall have died in the testators
life time, or before he shall have received or released, or refused, on
tender, his legacy, such legatee shall be deemed a legal witness to the
execution of such will or codicil, within the intent of this act, notwith-
standing such legacy or bequest. Provided always^ that the credit of
every such witness so attesting the execution of any will or codicil, in
any of the cases in this act before mentioned, and all circumstances
relating thereto, shall be subject to the consideration and determination
of the court, and the jury, before whom any such witness shall be
examined, or his testimony or attestation made use of, or of the court
of equity, in which the testimony or attestation of any such witness shall
be made use of, in like manner to all intents and purposes, as the credit
of witnesses in all other cases ought to be considered of, and deter-
mined.
And be it further enacted by the authority aforesaid^ That no person witness to
to whom any beneficial estate, interest, gift or appointment, hath been, f5^om*ai^
or shall be given or made, which is hereby enacted to be null and void, claim
or who shall have refused to receive any such legacy or bequest, on ten- wul.^'* ^
der made as aforesaid, and who shall have been examined as a witness
concerning the execution of such will or codicil, shall, after he shall have
been so examined, demand or take possession of, or receive any profit
or benefit, of or from any such estate, interest, gift or appointment, so
given or made to him, in or by any such will or codicil, or demand,
receive or accept, from any person or person whatsoever, any such
legacy or bequest, or any satisfaction or compensation for the same, in
any manner, under any colour or pretence whatsoever.
And be it further enacted by the authority aforesaid^ That the clauses Compe-
in this act concerning the competency or credibility of the witnesses to ^itnewis
wills and codicils, made on or before the said first day of March, in the in what
year of our Lord one thousand seven hundred and fifty three, shall not Sot^o**^*^
extend, or be construed to extend, to the case of any heir at law, or of ***^® ®^®^
any devisee in a prior will or codicil of the same testator, executed and
LAWS OF NEW YORK. [Chap. 47.
attested according to this act, or any person claiming under either of
them respectively, who was in quiet possession on the said first day of
March, in the year of our Lord one thousand seven hundred and fifty
three, as to such lands, tenements and hereditaments, whereof he was
then in quiet possession as aforesaid; nor to any will or codicil, the val-
idity or due execution whereof hath been contested in any suit in law
or equity, commenced by the heir of such devisor, or the devisee in any
such prior will or codicil, for recovering the lands, tenements or heredity
aments, mentioned to be devised in any will or codicil so contested, or
any part thereof, or for obtaining any other judgment or decree relative
thereto, and which has been already determined in favour of such heir
at law or devisee, in such prior will or codicil, or any person claiming
under them respectively: but no possession of any heir at law or devisee,
in such prior will or codicil as aforesaid, or of any person claiming under
them respectively, which is consistent with, or may be warranted by or
under any will or codicil attested according to the true intent and mean-
ing of this act, or where the estate descended or might have descended
to such heir at law until a future or executory devise, by virtue of any
will or codicil attested according to this act should or might take effect,
shall be deemed to be a possession within the intent of this clause of
this act.
And be it further enacted by the authority aforesaid^ That where any lands,
tenements or hereditaments, have been, or shall be given or devised, by
any last will or testament, executed in due form of law as aforesaid, to
the executors therein named or any of them, to be sold, or hath been, or
as qualify. ^\^2i\\ be thereby ordered or directed to be sold by theexecutors therein
named, or any of them, and after the death of such testator, part of such
executors named in such last will and testament, refuse or neglect ta
take upon him or them the execution or administration and charge of
the same last will and testament, wherein they be so named to be execu-
tors, and the residue of the executors do accept and take upon them
the execution, administration and charge of the same last will and testa-
ment, then, all bargains and sales, of any such lands, tenements or here-
ditaments, so willed to be sold by the executors of any such testator, as
well heretofore made, as hereafter to be made, by him or them, only to
the said executors that so do accept, or that heretofore have accepted
and taken upon him or them any such charge of administration, of any
such will or testament, shall be as good, and as effectual in the law, as
if all the residue of the same executors named in the said will or testa-
ment, so refusing the administration of the same will or testament, had
joined with him or them in the making of the bargain and sale of such
lands, tenements, or other hereditaments, so willed to be sold by the
executors of any such testator, Who hath heretofore made or declared,
or who hereafter shall make or declare any such will, of any such lands,
tenements or other hereditaments, after his decease to be sold by his
executors.
Testator And be it further enacted by the authority aforesaid. That when any
po^eof*^ person hath, or shall have, any child or children, under the age of
custody twenty one years, and not married at the time of his death, that it shall
Sfm^inoi^'* and may be lawful to and for the father of such child or children,
children, whether born at the time of the decease of the father, or at that time in
ventre fa mere, or whether such father be within the age of twenty one
years or of full age, by his deed executed in his life time, or by his last
will and testament in writing, signed by such father, or by some other
person in his presence, and by his express direction, and attested and
subscribed, in the presence of such father, by three or more credible
Chap. 47.] TENTH SESSION. 449
witnesses, in such manner and form, and from time to time as he shall
respectively think fit, to dispose of the custody and tuition of such child
or children, for and during such time as he or they shall respectively
remain under the age of twenty one years, or any less time, to any per-
son or persons in possession or remainder; and that such disposition of
the custody of such child or children, made or hereafter to be made,
shall be good and effectual, against all and every person and persons
claiming the custody or tuition of such child or children, as guardian in
socage, or otherwise, and that such person or persons to whom the cus-
tody of such child or children, hath been, or shall be so disposed or
devised as aforesaid, shall and may maintain an action of ravishment of
ward, or trespass, against any person or persons who shall wrongfully
take away or detain such child or children, for the recovery of such child
or children, and shall and may recover damages for the same in the
said action, for the use and benefit of such child or children.
And be it further enacted by the authority aforesaid. That such person Guardian
or persons, to whom the custody of such child or children, hath been or ^tiu^wer
shall be so disposed or devised, shall and may take into his and their andcuityoX
custody, to the use of such child or children, the profits of all lands,
tenements and hereditaments, of such child or children, and also the '
custody, tuition and management, of the goods, chattels and personal
estate, of such child or children, 'till their respective age of twenty one
years, or any less time, according to such disposition aforesaid, and may
bring such action or actions in relation thereunto, as by law a guardian
in common socage might do.
And be it further enacted by the autfiority aforesaid^ That it shall Act not to
and may be lawful to and for all and every person and persons, by his Sf^^niS
or their testament or last will in writing, to give, bequeath or dispose of, property,
all his, her or their goods, chattels and personal estate, in the same man-
ner as he, she or they lawfully might do, before the passing of this act.
And be it further enacted by the authority aforesaid^ That it shall and WHis of
may be lawful for widows to bequeath the crop of their ground, as well ^^<*^^*
of their dowers, as of their other lands and tenements.
And be it further enacted by the authority aforesaid^ That no nuncupa- Nuncuoa-
tive will heretofore made, or hereafter to be made, shall be good, where **^®™*»* ,
the estate thereby bequeathed, shall exceed the value of thirty pounds
lawful money of this State, unless the same be proved by the oaths of
three witnesses at the least, who were present at the making thereof;
nor unless it be proved, that the testator, at the time of pronouncing the
same, did bid the persons present, or some of them, bear witness that
such was his, or her will, or words to that effect ; nor unless such nun-
cupative will was made in the time of the last sickness of the deceased,
and in the house of his or her habitation or dwelling, or where he or
she hath been resident for the space of ten days, or more, next before
the making of such will; except where such person was surprised or
taken sick, being from his or her own home, and died before he or she
returned to the place of his or her dwelling.
And be it further enacted by the authority aforesaid^ That after six id.; must
months passed, after the speaking of the pretended testamentary words, j^Jix*'^®**
no testimony shall be received to prove any nuncupative will, except months,
the said testimony, or the substance thereof, were committed to writing,
within six days after the making of the said will.
And be it further enacted by the authority aforesaid^ That no letters Letters
testamentary or probate of any nuncupative will, shall pass the seal of S^^SnSn^
any court, 'till fourteen days at the least after the decease of the testa- cupative
tor shall be fully expired; nor shall any nuncupative will be at any time ^ "*
Vol. 2.-57
450 LAWS OF NEW YORK. [Chap. 48.
received to be proved, unless process hath first issued to call in the
widow or next of kindred to the deceased, to the end they may contest
the same, if they please. '
Revoca- And be it further enacted by the authority aforesaid^ That no will or
of*w!i1g^of testament in writing, concerning any goods or chattels, or personal
proMrty ^s^^^^» ^dS{ be repealed, nor shall any clause, devise, or bequest therein,
be revoked, altered or changed, by any words, or will by word of mouth
only, except the same be, in the life time of the testator, committed to
writing, and after the writing thereof read unto the testator, and allowed
and approved of by him, or her, and proved so to be done, by three
witnesses at the least.
Witnesses And be it further enacted by the authority aforesaid^ That all such
pat°ve5?iia witnesses as are and ought to be allowed to be good witnesses upon trials
at law, by the laws and customs of this State, shall be deemed good
witnesses to prove any nuncupative will, or any thing relating thereunto.
Act ex- And be it further enacted by the authority aforesaid^ That this act shall
wuii^made extend as well to wills and testaments made within sixty years last past,
during last except where it is otherwise herein before provided, as to wills and tes-
fl«y years, ^^^lents hereafter to be made.
PersoDal Proinded always; and be it further enacted by the authority aforesaid^
Soidiere' That notwithstanding this act, any soldier being in actual military ser-
JJJ^«®«^ vice, or any mariner or seaman, being at sea, may dispose of his move-
ables, wages and personal estate, as he or they might have done, before
the making of this act.
men.
CHAP. 48.
AN ACT for preventing and avoiding alienations by tenants for
life, and recoveries by collusion.
Passed the 3rd of March, 1787.
Where ^^ ^^ enacted by the People of the State of New York, represented in
lands held Senate and Assembly^ and it is hereby enacted by the authority of the^anUy
forTifeare That if any woman, who hath had, now hath, or hereafter shall have,
from^her ^"7 estate in dower, or for term of life, jointly with her husband, or only
remaindeV- to herself, or to her use, in any lands, tenements or hereditaments, of the
have kn- inheritance or purchase of her husband, or given to the said husband
mediate and his wife for term of life, by any of the ancestors of the said husband,
° ^* or by any other person, seised to the use of the said husband or of his
ancestors, and being sole, or with any other after taken husband, hath
discontinued, aliened, released or confirmed, or hereafter shall discon-
tinue, alien, release, or confirm, with warranty or without warranty, or
hath suffered, or shall suffer, any recovery by covin, against hc*r, them
or any of them, or any other seised to their use, or to the use of either
of them as aforesaid, that all such recoveries, discontinuances, alien-
ations, releases, confirmations and warranties, so had and made and
henceforth to be had and made, shall be utterly void and of none effect.
And that it shall be lawful to every person and persons, to whom the
interest title or inheritance, after the decease of such woman, of the said
lands, tenements and hereditaments, so being discontinued, aliened, or
suffered to be recovered as aforesaid, do or shall appertain, to enter into
all and every of the said premises, and peaceably to possess and enjoy
the same, in such manner and form, as he, she or they should have done,
if no such discontinuance, alienation, warranty or recovery had been had
or made. And further, that if any such woman, with any such after
taken husband, or any other seised or who shall be seised to their or
Chap. 48.] TENTH SESSION. 451
either of their use, of such estate as aforesaid, shall during the coverture
between them, make or cause to be made, or suffer, any such discontin-
uance, alienation, warranty or recovery in form aforesaid, that then it
shall be lawful to the person or persons, to whom the said lands, tene-
ments or hereditaments, should or ought to belong, after the decease of
the said woman, immediately after the said discontinuance, alienation,
warranty or recovery, to enter into the same lands, tenements and here-
ditaments, and then to possess and enjoy during the life of the said hus-
band, according to such title and interest, as they should have had in
the same, if the same woman had been dead, and no discontinuance,
warranty nor recovery had. But that the said woman, in such case,
after the decease of the said husband, if she survive him, may re-enter
into the same lands, tenements and hereditaments, and enjoy the same
according to her first estate in the same. But if the said woman, at the
time of such discontinuance, alienation, recovery or warranty in form
aforesaid to be had, made or suffered, of any of the premises, be sole,
that then she shall be barred and excluded of her title and interest in
the same from thence forth: and the person or persons to whom the
title, interest and possession of the same should belong, after the decease
of the said woman, shall immediately after the said discontinuance, alien-
ation, warranty or recovery, enter into the same lands, tenements and
other hereditaments, and possess and enjoy the same, according to his,
her or their title in the same. Provided always y that this act shall not
extend to any such recovery or discontinuance, had or to be had, with
the heirs next inheritable to the said woman, or where he or they, that
next after the death of the same woman should have estate of inherit-
ance in the same lands, tenements or hereditaments, be assenting or
agreeable to the said recovery, where the same assent or agreement is
of record, or inroUed. And provided also y that it shall be lawful to every
such woman, being sole or married, after the death of her first husband,
to give, sell or make discontinuance of any such lands, tenements or
hereditaments, for term of her life only, after the course and use of the
common law. ^
And be it further enacted by the autliority aforesaid^ That no fine. Pine suf-
feoffment or other act or acts, made, suffered or done, or hereafter to be h^banS
made, sufiered or done, by the husband only, of any lands, tenements Sli*"^^®'
or hereditaments, being the inheritance or freehold of his wife, during to bar risfat
the coverture between them, shall in any wise be, or make any discon- o'^*'®*
tinuance thereof, or be prejudicial or hurtful to the said wife, or to her
heirs, or to such as shall have right, title or interest to the same by the
death of such wife. But that the same wife or her heirs, and such other
to whom such right shall appertain, after her decease, shall and may
then lawfully enter into all such lands, tenements and hereditaments,
and hold and enjoy the same, according to their rights and titles therein,
as if no such fine, feofifment or other act had been done or suffered.
And whereas when a man doth lose by default the land which was the
right of his wife, it is very hard, that the wife, after the death of her
husband, should have none other recovery but by writ of right; for
remedy whereof.
Be it further enacted by the authority aforesaid^ That a woman, after J^g™
the death of her husband, shall recover by a writ of entry, whereto she loMsland
could not disagree during his life, which shall be pleaded in the follow- ^^!^y^
ing form: If the tenant do except against the demand of the wife, that widow may
he entered by judgment, and it be found that his entry was by default, ofS^.*
whereto the tenant of necessity must make answer, if it be demanded
of him, then he shall be compelled to make further answer, and to shew
452
LAWS OF NEW YORK.
[Chap. 48.
WheD wife
may de-
fend with-
out her
husband.
Inter-
pleader by
owner of
the rever-
sion where
action is
brought
against
tenant.
Owner of
reversion
may have
writ of
entry
where ten-
ant suffers
default.
Proceed-
ings by
owner of
reversion.
his right according to the form of the writ that he purchased before
against the husband and the wife: and if he can verify that he hath
or had right in the land demanded, the woman shall gain nothing by
her writ; which thing if he cannot shew, the woman shall recover the
the land in demand.
And be it further enacted by the authority aforesaid^ That when any
husband and wife shall be impleaded, if the husband absent himself and
will not defend his wife's right, or against his wife's consent, will render
the land, if the wife do come before judgment, ready to answer the
demandant and to defend her right, the wife shall be admitted without
her husband.
And be it further enacted by the authority aforesaid^ That if any tenant
in dower, tenant by the courtesy, or other tenant for term of life or
lives, is or shall be impleaded, and he, she or they, to whom the rever-
sion or remainder doth or shall appertain, shall come into court and
pray to be received to defend his, her or their right, at the day that the
tenant pleadeth to the action, or before, and before judgment, he,
she or they shall be received to defend his, her or their right and to
plead in chief to the action. And that days of grace shall be given, by
the discretion of th4 court, between the demandant and him, her or
them, who is, are or shall be received in such case, without giving the
common days in pleas of land, unless the demandant will consent, to
the intent that the demandant be not too much delayed, because he
must plead with two adversaries. Proinded always^ that he, she and
they, who shall come xn by a collateral title, and desire to be received
as aforesaid, as well where the receipt is counterpleaded, as where it is
granted, shall, before he, she or they be received, find sufficient surety,
as the court shall award, to satisfy the demandant of the issues of the
tenements demanded, from the day that he, she or they shall be
received, until the time that final judgment be given, if judgment pass
for the demandant against him, her or them in reversion or remainder
aforesaid. And if the demandant recover his demand, he shall also
recover his damages and costs of suit against such tenant by receipt.
But if such tenant can prove his or her right to as good as he or she
affirmed at such time as he or she was received, then he or she shall go
quit, and recover his or her costs against the demandant.
And be it further enacted by the authority aforesaid^ That if any ten-
ant in dower, tenant by the courtesy, or other tenant for term of life or
lives who hath been, now is, or shall be impleaded, hath made, or shall
make default, or hath given, or shall give up the tenements demanded,
and judgment hath been or shall be given upon such default, or sur-
render, then the heirs, or he, she or they, to whom the reversion or
remainder doth or shall appertain, after the death of such tenants, shall
have their recovery by a writ of entry, in which the like" process shall be
observed, as in cases where the husband loseth his wife's land by default,
and so in the cases aforesaid, two actions do concur, one between the
demandant and tenant, and another between the tenant shewing his or
her right, and the demandant.
And be it further enacted by the authority aforesaid^ That if any tenant
for term of life, tenant in dower, or tenant by the courtesy, be impleaded,
and plead to an inquest, and lose by the oath of twelve men, or by
default, or in other manner, that the person or persons to whom the
reversion or remainder of the tenements so lost doth or shall appertain^
at the time of such judgment given, his, her or their heirs or successors^
shall have an action by writ of attaint, to attaint the same oath, if he,
she or they will assign the same oath to be false; and also by writ of
Chap. 48.] TENTH SESSION. 453
€iTor, if error be found in the record of such judgment, as well in the
life time of such tenants, who have lost or shall lose, as after their death.
And if such judgment be reversed, or such oath be found false, that the
tenant who lost by the first judgment, if he or she be in life, shall be
restored to his or hier possession of the tenements so lost, with the
issues in the mean time; and the party pursuing to the arrearages of
rent, if any be due, for the same tenement. And if such tenant be dead,
at the time of the judgment given, upon such writs of attaint, or of
error, that restitution be made to the party pursuing, with the issues,
after the death of the said tenant, together with th^ arrearages of rent,
if any, to him or her were due, in the life time of the said tenant.
Provided always. That although the tenant who so lost by the first
judgment, be in life, if the party pursuing will alledge, that the same
tenant was of covin and of assent of the demandant who recovered,
that such tenement should be fost, that restitution of the same tenements
shall be made to the same party pursuing, with the issues and arrearages
as aforesaid. But in such case, such tenant, shall have his or her action
by writ of scire facias out of the same judgment so reversed or given, on
such writ of attaint or writ of error, if he or she will traverse the covin
and assent aforesaid, and not otherwise.
And be it further enacted by the authority aforesaid, That if any man Alienation
hath aliened or shall alien any tenement, which he held, or doth or shall by the"^
hold by the courtesy, his children shall not be barred, by the deed of courtesy,
their father, to demand and recover of the seisin of their mother, although Sot barred,
the deed of their father doth or shall mention that he and his heirs be
bound to warranty. Nor shall the issue of any such children be barred
in such case by any such deed. And likewise, and in like manner, the
heirs of the wife shall not be barred of their action, after the death of
their father and mother, by the deed of their father, if they demand by
action, the inheritance of their mother, which their father did alien in
the life time of their mother.
And be it further enacted by the authority aforesaid, That the suit of Infancy of
the woman or her heirs, after the death of her husband, for lands or ?^doiay*^
tenements aliened by the husband, shall not be delayed by the non age action,
of the heir or heirs, who ought to warrant. But let the purchaser, who
ought not to have been ignorant that he or she bought the right of
another, tarry, until the full age of his or her warrantor, to have his or
her warranty.
And whereas divers persons being seised of lands, tenements and
hereditaments, as tenants by the courtesy or otherwise, only for term of
life or lives, or of estates determinable upon life or lives, have permitted or
suffered other persons, by agreement or covin between them had, to
recover the same lands, tenements and hereditaments, against the same
particular tenants; or have permitted or suffered themselves to be
vouched by other persons, by agreement or covin between them had, in
recoveries suffered of the same lands, tenements and other heredita-
ments, to the prejudice of those to whom the reversion or remainder
thereof appertained, or ought to appertain; for remedy whereof,
Be it further enacted by the authority aforesaid, That all such recov- Recoveries
cries heretofore had or prosecuted, or hereafter to be had or prosecuted ^en^o?"
by agreement of the parties, or by covin as aforesaid, against any such covin void
particular tenant, of any lands, tenements or hereditaments, whereof the J^Serof^
same particular tenant was, is, or shall be seised, of any such particular reversion,
estate as aforesaid, or against any other, with voucher over of any such
particular tenant, or of any having or that had right or title to any such
particular estate or tenancy as aforesaid, shall from henceforth, as
454 LAWS OF NEW YORK. [Chap. 48.
against such person or persons, to whom any reversion or remainder
thereof, by force of any conveyance or device, before that time had or
made, did, shall, ought or lawfully may appertain, and against their heirs
and successors, be clearly and utterly void and of none effect: Provided
always^ that nothing herein contained shall extend, or be prejudicial to
any person or persons, who hath or have or hereafter shall, by good title,
recover any lands, tenements or hereditaments, without fraud or covin,
by reason of any former right or title ; but that all and every such recov-
ery and recoveries, so had or prosecuted, or to be had or prosecuted,
upon former rights or titles, shall stand and be in like force, strength
and effect, as if this act had not been made: Provided also ^ that all and
every such recovery and recoveries, heretofore had or prosecuted, or
hereafter to be had or prosecuted, of any lands, tenements or heredita-
ments as aforesaid, by the assent and agreement of any person or per-
sons, to whom any reversion or remainder thereof then, did, shall or
ought to appertain, so as the same assent and agreement do appear of
record in the court where such recovery is or shall be had, shall stand
and be of like force, strength and effect, against such person and per-
sons, who did or shall so assent and agree, their heirs and successors, as
if this act had not been made.
And whereas before this time divers persons have made leases of their
manors, lands, tenements and other hereditaments, sometimes by deed^
and sometimes without writing, to other persons, for term of years, and
afterwards the same lessors their heirs or assigns, have caused or suffered
recoveries to be had against them, upon feigned and untrue titlesj by
craft or covin, to put the same farmers from their said terms, and after
such recoveries had, the said recoverers by reason of such recoveries
and judgments, have entered into the said manors, lands, tenements,
and other hereditaments, so to farm letten, and thereof have expelled
the said farmers, contrary to their said leases, covenants and agreements:
And because it hath been doubted whether the same farmers might
falsify such recoveries or not;
Proceed- Therefore be it further enacted by the authority aforesaid^ That every
M? wh^e such farmer shall and may falsify, for his and her term only, such recov-
lessor suf- eries, as well heretofore had, as hereafter to be had, in such wise and
eryby^^^' form as a tenant of the freehold shall and may do by the course of the
covin. common law, where such tenant of the freehold was neither privy nor
party to the same recovery. And further ^ that the same farmers, their
executors, administrators and assigns, notwithstanding such recoveries
so had, shall retain, hold and enjoy their said terms, according to their
said leases, against all such recoverers, their heirs and assigns, as they
should or might have done, against the said lessors, if such recovery had
not been had nor suffered. And that the said recoverers, their heirs
and assigns after such recovery so had, shall have the like remedy against
the said farmers, their executors administrators and assigns, by avowry
or action of debt, for the rents and services reserved upon the same
leases, being due, after the same recoveries; and also like actions against
them for waste done, after the same recoveries so had, in like manner
and form, as the said lessors should or might have had, if the same
recoveries had never been had. And likewise^ no execution shall here-
after be avoided, or in any wise made frustrate, by means of any such
feigned recovery, but that all persons having any lands, tenements or
other hereditaments, in execution, or being entitled to have execution
of any lands, tenements or hereditaments, shall have, by force of this
statute, like means to avoid and falsify the same recoveries, as is above
provided for the lessees for term of years.
Chap. 49 ] TENTH SESSION. 455
CHAP. 49.
AN ACT for dividing the district of the manor of Livingston
in Columbia county, and for annexing the manor of Foxhall to
the town of Kingston, in Ulster county.
Passed the ih of March, 1787.
Whereas the extent of the district of the manor of Livingston, sub-
jects its inhabitants to inconveniences, for remedy whereof,
Be it enacted by the People of the State of New York, represented in Clermont,
Senate and Assembly and it is hereby enacted by the authority of the same^ ^^^S^
That so much of the said district, as is contained in the boundaries
hereinafter described, be erected into a seperate township by the name
of the township of Clermont ; that is to say, beginning on the south
side of the mouth of a certain river, commonly called Roeloff Jansens-
kill, thence along the south side of the said river, easterly, 'till it meets
with the tract of land heretofore granted to Derick Wessels, lying on
both sides of the said river, thence along the north and east boundaries
of the said tract, 'till it again meets with the said kill or river, thence
along the south side of the said river, to the south bend thereof, where
it meets with the nprth line of the county of Dutchess, thence along
the said line to Hudsons river, and along the said river to the place of
beginning ; excepting thereout, the district of East Camp.
And be it further enacted by the authority aforesaid^ That the inhabi- Township
tants of the said township of Clermont, shall be, and they are hereby P'^^^®*®^-
declared to be, entitled, to elect their own supervisors, assessors, col-
lectors, and other officers; in like manner as other districts, in the
county of Columbia, are entitled to elect the same. And that the
annual elections be held, at the house of Johannes Cooper, in the said
township of Clermont, until otherwise determined, by the greater num-
ber of votes of the taxable persons in the said township, in legal town
meeting assembled, or it be otherwise provided for by law.
And whereas it may happen, that the line of the township may inter-
sect the houses or farms of some of the inhabitants of the said town-
ship, whereby inconveniences may arise, in the assessment of taxes ;
Be it therefore encuted by the authority aforesaid^ That wheresoever Taxation
the township, or county line, shall intersect a farm, the possessor oi^^l^'
such farm shall pay all his taxes, in whichever township or district his Snns.
dwelling house shall be ; but if the said line shall intersect any dwelling
house, then the possessor of such house, shall be taxed for both house
and farm, in the township of Clermont aforesaid.
And whereas the freeholders and inhabitants of the manor of Fox-
hall, in the county of Ulster, have, by their petition to this legislature
prayed, that an act might be passed, permitting them to vote for town
officers, in conjunction with freeholders and commonalty of the town
of Kingston, at their annual elections; and subjecting them- to the
assessment [and the collection of taxes and rates, in conjunction with
the said freeholders and commonalty of the said town of Kingston.
Be it therefore enacted by the authority aforesaid^ That the said manor Poxhail
of Foxhall, in the county aforesaid, b^, and the same is hereby annexed SJwn'o?*^
to the corporation of the trustees, of the freeholders and commonalty Kingston,
of the town of Kingston, for the purposes of elections, and for the
assessment of taxes, and county and town rates : and the said manor
456
LAWS OF NEW YORK.
[Chap. 50.
of Fox Hall and town of Kingston, shall for the purposes aforesaid and
for no other, be considered as one town ; any law usage or custom, to
the contrary thereof in any wise notwithstanding.
CHAP. 50.
WritBOf
entry;
degrees.
Heirs of
different
degrees
may unite
in one
action.
Writs of
deceit.
Recovery
of lands
lost by
default.
Form of
writ.
Writs for
f nuisance .
Form of
writ.
Id.; re-
turn of.
AN ACT for giving further remedy, and regulating the process
and proceedings in assises and other actions.
Passed the 12th of March, 1787.
Be it enacted by the People of the State of New Vorky represented in
Senate and Assembly^ and it is hereby enacted by the authority of the same.
That if the alienations, whereupon writs of entry ought to be granted,
happen to be made in so many degrees, that by reason thereof the writ
of entry cannot be made in the usual form, mentioning the degrees, then
the demandants shall have a writ to recover their seisin, without making
mention of the degrees, into whose hands soever the tenements shall
happen to come by such alienations; but writs of entry without mention-
ing the degrees, shall not be maintained, but in cases where the writs
making mention of the degrees, cannot lie or hold place.
And be it further enacted by the authority aforesaid^ That if any per-
son hath died, or shall die, leaving several persons his, or her heirs,
either in the same degree or different degrees, all such heirs shall or
may recover in one writ or action, as heirs of the deceased person.
And be it further enacted by the authority aforesaid^ That a writ of
deceit shall be maintainable and hold place, as well in the case of gar-
nishment touching plea of land, where such garnishment is given, as in
the case of summons, in a plea of land.
And whereas formerly, if any person had lost his, or her lands or
tenements by default, he or she had no other recovery but by writ of
right, which was not maintainable by any who could not claim of mere
right, as tenants for term of life, where a reversion is reserved.
Therefore be it further enacted, by the authority aforesaid^ That their
default shall not be so prejudicial, but that they may recover their estate
by another writ than by writ of right, if they have right, and for recov-
ery of land for term of life, lost by default, a writ shall be made in this
form.
Command A, that justly and without delay, he render to B, one mes-
suage with the appurtenances in C, which he claims to hold for term of
his life, and of which the aforesaid A doth deforce him.
And be it further enacted by the authority aforesaid^ That in cases of
nusance, the plaintiff shall not go without remedy because the land is
transferred to another. And further^ that where the writ is granted
against him or her, who hath levied, or shall levy the nusance, the writ
shall be made as hath been heretofore used, in the following form.
A B hath complained to us, that C D unjustly and without judgment
hath erected (or made or levied) a house, (or a wall, sink, pond or
whatever other thing it may be) to the nusance of his freehold. And
if such things so levied, erected or made be aliened from one to another,
the writ shall be thus.
A B hath complained to us that C D and E F have erected.
And further^ that all writs of nusances shall from henceforth be rtade
returnable and be determined, in the nature of assises, either in the
Chap. 50.] TENTH SESSION. 457
supreme court, or at the circuit court in the county, where such nusan-
ces shall happen.
And be it further enacted by the authority aforesaid^ That whensoever, Writ to be
in one case a writ is found and used in the chancery, and in a like case, guuft^^**
falling under like law and requiring like remedy, there is none found, a case,
proper writ shall be devised and made in such case. And that suitors
may not go without remedy, they shall have writs according to their
cases.
And be it further enacted by the authority aforesaid^ That a writ of write of
novel disseisin shall lie, and be maintainable for estovers of wood, and \^^^ ^f^
for any profit to be taken in woods, for a corody, for delivery of corn, what to be
and other victuals and necessaries, to be received yearly in a place cer- '**"®**
tain, for toll, passage, and such like, to be taken in places certain, and
for offices in fee, or for life, as well as for lands and tenements, and for
common of pasture, fishing, and such like commons, which any person
hath, or shall have appendant to free hold, or without freehold, by
special deed, at the least for term of life ; and in all the cases aforesaid,
according to the accustomed manner, the writ shall express the thing
in demand to be a free tenement. And although it has been doubted
whether a remedy could be had by this writ, where one seedeth the
several pasture of another, it is hereby declared that a good and sure
remedy is given in that case, by the said writ.
And further y when any person holding for a term of years, or in id.; where
ward, doth alien the same in fee, and by such alienation the freehold is Jii^*in
transferred to the feoffee, then remedy shall or may be by writ of novel '«e and
disseisin, and as well the feoffors as the feoffee shall be had for dissei- posaession.
sors, so that during the life of any of them the said writ shall hold
place ; and if by the death of the parties the remedy fail by that writ,
the remedy may be had by writ of entry.
And be it further enacted by the authority aforesaid^ That if any per- Dlaselser
son or persons named disseisors in any writ of assize of novel disseisin, dam^ea if
alledge any false exception, whereby the taking of the assise may be J??J^*#^
deferred, as that at another time an assise of the same land passed
between the said parties, or that a writ of a higher nature is depending
between the same parties of the same land, and upon these^ and like
matters do vouch rolls or records to warranty, then and in every such
case, if he or she who shall alledge such exception fail of the warranty,
that he or she hath vouched, at the day to him or her given, he or she
shallbe adjudged for a disseisor, without taking the assise, and shall
restore the damages before inquired of, or after to be inquired of, to the
double. And if such exception be alledged by a bailiff, the taking of
the assise shall not be delayed therefore, nor the judgment upon the
restitution of the lands and damages. But if the master of such bailiff
that was absent, come afterwards, before the same justices or justice who
took the assise, and offer to prove by record or rolls that at another
time an assise passed between the same parties, of the same lands, or
that the plaintiff at another time did withdraw his or her suit in a like
writ, or that a plea is depending by a writ of a higher nature, a writ of
venire facias shall be granted unto him, to cause the same record to be
brought, and when he hath the same, and the justices do perceive that
the record so shewed by him would have been so available before the
judgment, that the plaintiff by force of the same, should have been
barred of his or her action, the justices shall immediately cause the
party who first recovered, to be warned to appear at a certain day, at
which the defendant shall have again his or her seisin and damages, if
he or she before paid any, by the first judgment given, which shall be
Vol. 2.-58
458 LAWS OF NeW YORK.. [Chap. 50.
restored to him or her to the double, as aforesaid; and in the same
manner, if the defendant, against whom any assise shall pass, in his or
her absence, shew any deeds or releases upon which the jury were not
examined, nor could be examined, because no mention was made of
them in pleading, and by probability might be ignorant of them, the
justices upon the sight of these writings, shall cause the party who first
recovered to be warned to appear at a certain day, and shall cause the
jurors of the same assise to come. And if such defendant shall verify
those writings to be true by the verdict of a jury, or by inroUment, he
or she who purchased the assise contrary to his or her own deed, shall
restore to him or her the damages before recovered, as aforesaid.
And whereas many persons do disseise others of their tenements, and
after such disseisin done, make divers alienations and feoffments thereof,
whereby the said disseisees and, other demandants and their heirs are
delayed of their recovery.
Remedy of Therefore be it further enacted by the authority aforesaid, That the said
laatdis- disseisees shall from henceforth have their recovery against the first
a«raiD8t disseisors, during their lives, if they take the profits at the time of the
J^qpI®" suit commenced, as well of the lands and tenements, as of their double
damages, without having any regard to such alienations, gifts or feoff-
ments. And further, that this shall hold place in every other action, in
plea of land, where such feoffments be made by fraud or collusion, for
the demandants to have their recovery against such first feoffors, if they
thereof take the profits.
Sheriff not And be it further enacted by the authority aforesaid, That no sheriff
m)^88or^ or other officer, by colour of his office, without special warrant, or
of land commandment, or authority certain, pertaining to his office, disseise
authority any person of his or her freehold, nor of any thing belonging to
certain. j^jg or her freehold. And if any do, it shall be lawful for the person
disseised to sue at the common law, by writ of novel disseisin; and he
who shall be convicted thereof, shall pay double damages to the plain-
tiff, and be further punished by fine or imprisonment, at the discretion
of the justices.
Special And be it further enacted by the authority aforesaid. That in case
case of" ^^y lands or tenements have been, or shall be granted by letters patent,
lands without title found by inquest or otherwise, where the entry of the
fetters pa^ people of this State is not given by law, they who shall be put out or
®*^^* disseised of their freehold, shall or may have a special assise granted by
the chancellor, without any suit to the people of this State in that
behalf to be made; and if the parties or persons who have such letters
patent, do pray in aid, a writ of procedendo shall be granted by the
chancellor; and in case they who be so put out or disseised, recover
against the persons having such patents, they who be so put out or
disseised, shall recover their treble damages.
And whereas divers persons do make forceable entries into the lands
and tenements of others, and put the possessors out of the same, claim-
ing sometimes in their own right, where their entry is not lawful, and
sometimes in the right of others, where they have nothing in reversion,
in right, nor in demesne, and there is not any affinity or cousinage
between them, and those in whose right they have entered, and some-
times take away the goods and chatties of the possessor.
Forcible Therefore be it enacted by the authority aforesaid. That if any person,
cfialwiSe' ^^ what estate or condition soever he or she may be, hath made, or
inoaaeof. shall make, any such forcible entry, in his, or her own right, or to his
or her own use, or in the right or to the use of any other, by way of
maintenance, or take or carry away any goods, after such forcible entry^
Chap. 50.] TENTH SESSION. 459
from the possessor of the freehold, then and in every such case, if the
party grieved or other lawful man for him or her, will make affida-
vit that the entry was made in such forcible manner, the chancellor
shall have power, by his discretion to grant a special assise in this case,
to the party aggrieved, of whatsoever value the tenements may be; and
if such disseisor, be convicted of such disseisin, made in such forcible
manner, he or she shall yield to the party grieved his or her double
damages, and be further punished by fine or imprisonment according
to the discretion of the justices. And if such disseisor be convicted by
the same assise, that he or she hath taken or carried away the goods or
chatties of such disseisees, the justices of assise shall have power to hear
and determine, as well for the people of this State, as for the party, of
the" goods and chatties so carried away, and to award to the party
grieved his or her damages. And further that in every such special
assise, one at least of the justices of the supreme court be named as one
of the justices to take such assise, and that no writ of supersedeas be
granted to the contrary of such special assises.
And be it further enacted by the authority aforesaid^ That if in any writ Where
of assise, the sheriff of the same county is or shall be named one of the S^ied as
disseisors, and the tenants in the same assise, or any of them will aver ^l^i?^'
that the said sheriff is not, nor ever was disseisor, nor tenant of the tene- lusion.
ments in demand, but was named a disseisor by collusion, the aver-
ment shall be received, and if it be found by the said assise, that the
said sheriff is not, nor ever was disseisor, nor tenant of the tenements
in demand, but was named disseisor by collusion, then the justices shall
cause the said writ so purchased, or to be purchased, in form aforesaid,
to be abated and quashed; and the plaintiff or plaintiffs shall pay double
costs thereupon to be taxed.
And be it further enacted by the authority aforesaid^ That an assise of Assise of
novel disseisin may from henceforth be granted of rent in arrear, due of ^^^ ^
tenements in divers counties, to be holden in the confine of the counties rent in
within which the tenements be; and thereupon the assise shall be taken *'™*''
and tried by jurors of the said counties, in the same manner as ought
to be done of a common of pasture in one county, and appendant to
tenements in another county; and that as well of disseisins done in times
past, as of disseisins yet to be done. And that writs thereupon at the
suit of the plaintiff, be made from henceforth in the chancery, in due
form, without any manner of contradiction; but in all such assises, one
at the least of the justices of the supreme court, shall be named as one
of the justfces to take such assises.
And whereas in cases where dower is or shall be demanded, of lands
or tenements recovered against the husband by default or covin, and
when the wife, being endowed, loseth her dower by default, and when
tenants by the courtecy, or for term of life, must demand their land lost
by default, divers actions do concur, and when it is come to that point,
that the tenants must be compelled to shew their right, they cannot
make answer without them to whom the reversion or remainder, of right
belongeth.
Therefore be it further enacted by the authority aforesaid^ That it Dower and
shall be lawful for them to vouch to warranty, as if they were tenants, courtey;
if they have a warranty: And when the warrantor hath warranted, plea Pngs where
shall pass between him or her that is seised, and the warrantor, accord- by^defimk.
ing to the tenor of the writ that the tenant purchased before, and by
which he or she recovered by default. And so from many actions, they
shall at length resort to one judgment, which is this; that the demand-
ant shall recover his or her demand, or that the tenant shall go quit;
460 LAWS OF NEW YORK. [Chap. 50.
and if the action of such a tenant who is compelled to shew his right, be
by writ of right, although the great assise cannot be joined by the words
accustomed, yet it shall be joined by words convenient; for when the
tenant, in that he or she sheweth his or her right, which belongeth to
him or her by the writ which he or she before purchased, instead of a
demandant, the warrantor may well defend the right of the tenant, who
is accounted in place of the demandant as aforesaid, and put himself or
herself upon the great assise, and pray recognition to be made, whether
he or she hath more right to the land in demand, than the party afore-
said; or otherwise the great assise may be joined thus. Such an one
defends the right and so the warrantor may defend the right and
acknowledge the seisin of his or her ancestor, and put himself or her-
self upon the great assise, and pray recognition to be made, whether
he or she hath more right in the land, as in that whereof he or she
enfeoffed such a one, or that such a one released and quit claimed,
than the aforeasid party.
Person And be it further enacted by the authority aforesaid^ That when any
warranty**^ person, not present in court, shall be vouched to warranty in a plea of
to be sum- land or tenement, the party so vouched shall have reasonable summons
nione . according to the discretion of the justices ; and if the demandant will
aver that the person vouched is dead, or that there is no such person,
such averment shall be received and tried without delay.
Proceed- Ar^ be it further enacted by the authority aforesaid^ That in writs
iSSa con- concerning possession whereby lands or tenements are demanded, which
MO™* sSon, ^^g^^ ^^ descend, remain, revert or fall, by the death of any ancestor
(?f or otherwise, if the tenant vouch to warranty, and the demandant coun-
ter pleadeth him or her and will aver by assise, or by the country or
otherwise, as the court will award, that the tenant or his or her ancestor
or predecessor, whose heir he or she is, was the first that entered after
the death of him or her, of who§e seisin he or she demandeth, the
averment of the demandant shall be received, if the tenant will abide
thereupon ; and if not, he or she shall be further compelled to another
answer, if he or she have not his or her warrantor present, who will
warrant him or her freely, and immediately enter into the warranty, and
the demandant shall have the like exceptions against the warrantor, if
he or she will vouch further, as he or she had before against the first
tenant ; and in all manner of writs of entry, which make mention of
degrees, none shall vouch out of the line. And further^ that as well in the
writs aforesaid, as in writs of right, if the tenant vouch to warranty, and
the demandant will counterplead him or her, and be ready to aver by
the country, that he or she, who is so vouched to warranty, nor his or
her ancestors or predecessors, had never seisin of the land or tenement
demanded, nor fee nor service by the hand, of his or her tenant, or his
or her ancestors or predecessors, since the time of him or her on whose
seisin the demandant declareth, until the time that the writ was pur-
chased, and the plea moved, whereby he, she or they might have
enfeoffed the tenant, or his or her ancestor or predecessors, then,
whether the party vouched be present or absent, the averment of the
demandant shall be received, if the tenant will abide thereupon, if not,
the tenant shall be further compelled to another answer, and the
demandant shall have his or her exceptions against the warrantor, as
he or she had before against the first tenant. And further^ if the tenant
hath a deed, thac compriseth warranty of another man who is bound in
none of the cases before mentioned, to the warranty of an older degree,
his or her recovery by a writ of warranty of charters out of the chancery,
Chap. 50.] TENTH SESSION. 461
shall be saved to him or her, at what time soever he or she will purchase
it, but the plea shall not be delayed therefore.
And be it further enacted by the authority aforesaid^ That when any id,
person shall demand lands or tenements against another, and the party
impleaded, voucheth to warranty, and the warrantor denieth his or her
warranty, and it be found that the vouchee is bound to warranty by the
law and custom of this State, then in like manner as the tenant should
lose the land or tenement in demand, in case where he vouched, and
the vouchee could discharge himself of the warranty, in the same man-
ner shall the warrantor lose, in case where he or she denieth his or her
warranty, and it be tried against him or her, that he or she is bound to
warranty. And further y that in all cases where an inquest shall be
depending between the tenant and the warrantor, and the demandant
will require a writ to cause the jury to come, it shall be granted.
And be it further enacted by the authority afore saidy That if any per- Prooeed-
son be disseised of his or her freehold, and shall recover seisin by assise poS^ioi?
of novel disseisin, or by confession of them that did the disseisin, and reco^jered
after the plaintiff hath had seisin delivered by the sheriff, if the said novel di»-
disseisors do again disseise the same plaintiff of the same freehold, and JjJjSiiff**
thereof be convicted, the plaintiff shall recover double damageis, and asain dte-
the redisseisors shall be also punished by fine and imprisonment, and |^e*dSJl
shall be forthwith taken, and committed and kept in gaol until they shall aelaor.
have paid such damages and fine, and be thence delivered by due course
of law. And the manner of proceeding in such case shall be as follows;
when the plaintiff shall come to the chancery, he or she shall have a
writ directed to the sheriff in which must be contained the plaint of
disseisin upon the disseisin, and therefore it shall be commanded to the
sheriff, that taking with him the coroner of the county, or one of them,
if there be more than one in the same county, and two or more justices
of the peace in the same county, he go in his proper person to the tene-
ment or pasture, whereof the plaint had been made, and before them,
by the first jurors and other neighbours and lawful men, if the first
recovery was by verdict, if not, then by neighbours and lawful men, he
dilligently thereof make inquisition ; and if they find the plaintiff dis-
seised again as aforesaid, then the sheriff shall do according to the pro-
vision aforesaid : but if it be found otherwise, then the plaintiff shall
be amerced, and the others shall go quit. But no sheriff shall proceed
in any such plaint without a special writ. And in the same manner it
shall be done to them, who shall recover their seisin of any lands or
tenements, by verdict, default, reddition or otherwise, in any real action,
in any court of record, if they be afterwards disseised by the first de-
forcers, against whom they shall have recovered.
And be it furt/ier enacted by the authority aforesaid^ That if any per- Action to
son hath demised, or shall demise, his or her lands, to any other person, J^JJ^/
and to his or her heirs, rendering a certain annual rent for the same, lands
and he or she who holdeth the land so charged, letteth it lie fresh, so SttMoim^
that the party can find no distress there by the space of two years to ^S^^
compel the farmer to render, or to do as is contained in the writing
or lease, then the two years being passed, the lessor or grantor, or his
heirs or assigns, shall have an action to demand the land in demesne,
by writ out of the chancery, in this form.
Command A, that justly and without delay he render to B, one mes- Form of
suage with the appurtenances in C, which the same B demised to the '^'^•
aforesaid A, rendering therefore yearly to the same B (such a certain
rent) and which to him ought to revert, because the aforesaid A, in
paying the aforesaid rent hath ceased, by two years, as he saith. And
462
LAWS OF NEW YORK.
[Chap. 50.
view of
laod, when
to be
granted.
Writs of
oouBinage,
alio and
besaile.
Writs,
abatement
of.
Novel
dlsseUin;
death of
disseisor
before
passed.
if he or she against whom the land is demanded, come before judgment,
and pay the arrearages, and the damages and costs, and find surety,
such as the court shall think sufficient, to pay the rent from thenceforth,
as is contained in the writing or lease, he or she shall keep the land;
but if he or she neglect until it be recovered by judgment, he or she
shall be barred for ever; and in like manner if any withhold from any
person, of whom he or she holds, his or her due and accustomed ser-
vice, by two years, the person to whom the same is or shall be due,
shall have an action to demand the lands in demesne, by a writ in this
form. "Command A, that justly and without delay he render to B,
(such a tenement) which the aforesaid A holds of him, by (such certain
service) and which to the aforesaid B ought to revert, because the afore-
said A in doing the service aforesaid, hath ceased by two years, as he
saith." And further y that as well in the case of rent, as in the cases of
services, writs of entry shall be made as aforesaid, for the heirs of the
demandant, and against the heirs of the tenant, and against them to
whom such land shall be aliened.
And be it further enacted by the authority aforesaid^ That from hence-
forth view shall not be granted to the tenant, but in case where a view
of the land is necessary; and that if one lose land by default, and he or
she who loseth shall purchase a writ to demand the same land, and in
case where one, by an exception dilatory, abateth a writ after the view
of the land, as by non tenure, misnaming of the town, or such like, and
the demandant purchaseth another writ, in these cases the view shall
not be granted if the party had view in the first writs: And in a writ
of dower where the dower in demand is of land that the husband aliened
to the tenant, or his or her ancestors, where the tenant ought not to be
ignorant what land the husband did alien to him or her, or to his or her
ancestor, though the husband did not die seised, yet the view shall not
be granted to the tenant. And in a writ of entry, that is abated because
the demandant misnamed the entry, if the demandant purchaseth another
writ of entry, if the tenant had view in the first writ, he shall not have it
in the second. And in all writs where lands are or shall be demanded
by reason of a demise made by the demandant, or his or her ancestor
to the tenant, and not to his or her ancestor, as that which the demand-
ant or his or her ancestor, being within age, not of sound mind, or in
prison, and such like, demised to the tenant, view shall not be granted ;
but if the demise was to the ancestor of the tenant, view shall be granted,
as haih been done before.
And be it further enacted by the authority aforesaid^ That in all writs
of cousinage, aile and besaile, if the tenant will plead, that the plaintiff
is not the next heir of the ancestor, by whose death he or she demand-
eth the land, such plea shall be received, and the matter inquired of,
and the court shall proceed to judgment, according to the verdict there-
upon to be given.
And be it further encuted by the authority aforesaid^ That no writ shall
be abated by the exception of nontenure of parcel, but for the quantity
of the nontenure so alledgcd.
And be it further enacted by the authority aforesaid^ That if any person
shall purchase a writ of novel desseisin, and he or she, against whom the
writ is brought as principal disseisor, dieth before the assise be passed,
then the plaintifif shall have his, or her writ of entry upon desseisin,
against the heir or heirs of the disseisor or disseisors, of what age soever
such heir or heirs may be; and likewise the heir or heirs of the disseisee
shall have his, her or their, writ or writs of entry, against the disseisors,
or their heirs, of what age soever they be, if the disseisee die before he
Chap. 50.] TENTH SESSION. 463
hath purchased his writ, so that for the non age of the heirs of the one
part or other, the writ shall not be abated, nor the plea delayed.
And be it fuxther enacted by the authority aforesaid. That if a child J°9"g** ^^
within age be holden from his or her inheritance, after the death of his heir not /
or her father, mother, brother, sister, cousin, grand father or great grand Jer^ed^bv
father, whereby such infant is driven to his or her writ, and his or her reason of
adversary cometh into the court, and for answer alledgeth a feofifment, ^^^^^^^
or pleadeth some other thing by which the court would formerly award
the age, and defer the inquest until the full age of the infant, from hence-
forth, in every such case, the inquest shall not be deferred until the full
age of the infant, but shall pass as if he or she was of full age.
And be it further enacted by the authority aforesaid^ That all tenants Pleas may
in assise of novel disseisin, may either appear and plead, in person, or ^to™y or
make and appear and plead by their attomies, or plead by bailiffs, at bailiff,
their pleasure.
Arid be it further encLcted by the authority aforesaid^ That the pannels of Panel of
the assises shall in all cases be arrayed, and a copy thereof delivered by iS®be^*re-
the sheriff or his deputy to the plaintiffs, tenants and defendants, if they pared six
demand the same, at least six days before the circuit court, or session fore wmrt.
of the justices at which the same shall be returnable, upon pain that
every sheriff or other officer, neglecting his duty herein, shall forfeit, for
every offence, to the party grieved, the sum of twenty pounds, to be
recovered with costs of suit, in any court of record, by action of debt,
bill, plaint or information.
And be it further enacted by the authority aforesaid^ That the plaintiff Plaintiff
in every assise may from henceforth at his pleasure sever and abridge XTdge
his or her plaint, of a moiety, or any other part or parts, whereunto any p'^*^*'!^
bar is or shall be pleaded, in such like manner as he or she might do, in pleaded,
case the pleas in bar had been made, and divided to any certainty or
number of acres in the plaint; and that the plaint for the residue of the
part or parts of the lands, not abridged, shdl be and stand good and
effectual in the law.
And be it further enacted by the authority aforesaid. That from the Tenant not
time any plea shall be moved by writ, the tenant shall not make any waate"™*^
waste or estrepement of land in demand, pending the suit; and if he or while suit
she do, the court wherein the plea depends shall cause the land in ° °*^*
demand to be kept at the suit of the demandant.
And be it further enacted by the authority aforesaid^ That all writs Fifteen
of summons, and attachments, and other process in pleas of lands, shall i<fwedbe-
from henceforth have full fifteen days at the least between the days of o7J|^**®
the test and the days of the return thereof. And further, that in all and return,
writs of dower, after issue joined, it shall not be needful or requisite to
have above fifteen days between the test and the return of the venire
facias, or any other process to be sued out for the trial of the said issue,
but that the writ of venire facias and other process after issue joined,
and until judgment be given, having only fifteen days between the teste
and the return thereof, shall be good and effectual. And also, that all
writs of summons to the warranty, and all other process in any real
action, being tested the last day, or any other day in any term and
returnable the first day or any other day in the next succeeding term,
shall be good and effectual.
And for avoiding secret summons in real actions, without convenient Prociama-
notice to the tenants of the freehold; Be it further enacted by />4^ Summong
authority aforesaid^ That after every summons upon the lands, in any *^J®^®^
real action, and fourteen days at the least before the day of the return door,
thereof, the sheriff to whom such summons shall be directed, shall make
464 LAWS OF NEW YORK. [Chap. 50.
or cause proclamation of the same summons to be made, at or near the
most usual door of the church of the town or place where the land
whereupon the summons was made, doth lie, upon a Sunday, immediately
after divine service and sermon, if any there be ; and if there be more
than one church in such town, then such proclamation shall be made in
form aforesaid, at or near to the most usual door ol the church nearest
to the said lands; and if there be no church in such town, then such
proclamation shall be made in form aforesaid, at or near to the most
usual door of the church in the same county nearest to the said land;
and such proclamation so made as aforesaid, shall be returned, together
with the names of the summoners ; and if such summons shall not be
proclaimed and returned as aforesaid, then no grand cape to be awarded,
but an alias or pluries summons, as the cause shall require, until a sum-
mons and proclamation shall be duly made, and returned as aforesaid.
"WTiere And for avoiding delays in all manner of writs and attachments; Be
made on it furtfur enacted by the authority aforesaid^ That if the tenant or defend-
first attach- ant, after the first attachment returned, make default, the great distress
Sl?St* shall be immediately awarded, and the tenant or defendant shall be dis-
awardSl trained from time to time, until he or she do appear, or comply with the
purpose of such writ. And if the sheriff do not make a sufficient return
to any such writ, at the day of the return thereof, he shall be amerced.
Court may And whereas the process by distringas as heretofore used, is dilatory
?Mif4 lev- and expensive; for remedy whereof, Be it furtJur enacted by the authority
*ed to be aforesaid^ That the court out of which the writ proceeds, may order the
pHcatfon issues levied, from time to time to be sold, and the monies arising
of process, thereby to be applied to pay such costs to the plaintiff as the court shall
think just, under all the circumstances to order, and the surplus to be
retained until the defendant or tenant shall have appeared, or other
purpose of the writ be answered; and when the purpose of the writ is
answered, that then the said issues shall be returned, or if sold, what
shall remain of the money arising by such sale, shall be repaid to the
party distrained upon.
And because such things as be recorded before the chancellor, and
the judges and justices who have record, and be inrolled in their rolls^
process of plea ought not to be made by summons, attachment, view of
land, and other solemnities of the court, as hath been used to be done
Writs of of bargains and covenants made out of court ; therefore be it further
execut on. ^^^^^^^ /^ ^^^ authority aforesaid, That from henceforth those things
which are found inrolled before those who have record, or contained in
fines, whether they be recoveries or judgments had, or contracts, cove-
nants, obligations, services or customs acknowledged, or other thing^
whatsoever, inrolled, wherein the court, without offence of the law and
custom, may execute their authority, shall have such force that the party
at any time within the year, after the same are or shall be had, levied or
acknowledged, shall have a writ of execution of the same, and when the
fine, judgment, recovery or recognizance be levied, had or made of a
further time passed, the sheriff shall be commanded that he make known
to the party of whom it is complained, that he or she be before the jus-
tices or court at a certain day, to shew if he or she have any thing to-
say why such matters inrolled or contained in the fine ought not to have
execution, and if he or she do not come at the day, or do come and can
say nothing why execution ought not to be done, the sheriff shall be
commanded to cause the thing inrolled or contained in the fine to be
executed.
^|»en non- And be it further enacted by the authority aforesaid^ That where a
PM8 00 verdict hath been or shall be found in assise, or in any other action
Chap. 52.] TENTH SESSION. 465
whatsoever, and the parties have been or shall be adjourned upon diffi- verdict for
culty m law upon the matter so found, the plaintiff shall not be non- ^^^'^'^danu
suited if the verdict pass against him or her.
CHAP. 51.
AN ACT for the relief of persons holding or possessing State
agent's certificates.
Passed the 13th of March, 1787.
Be it enacted by the People of the State of New Yorky represented in Treasurer
Senate and Assembly ^ and it is hereby enacted by the authority of the sanie, ^fye'on
That it shall and niay be lawful for the treasurer of this State, to receive loan oer-
on loan until the first day of May next, certificates issued by Udny Hay sto^^aRent
Esquire, late agent of this State, or any of his assistant agents, any thing ^J^*®'"
in the twenty-fifth section of the act entitled "An act for the pa5nnent
of certain sums of money and for other purposes therein memtioned "
passed the 5th of May 1786, to the contrary hereof notwithstanding.
Proinded always that the person offering any such certificates to the
treasurer, shall upon oath or otherwise, prove to the satisfaction of the
said treasurer, that the same certificates were in the hands of a bona
fide proprietor, on the first day of September one thousand seven hun
dred and eighty six.
CHAP. 52.
AN ACT for the relief of Garret Rapalie.
Passed the 13th of March, 1787.
Whereas it hath been represented, that Garret Rapalie an insolvent Preamble,
debtor, now confined for debt in the gaol of the city of New York is
indebted to the people of this State, and the said Garret Rapalie having
prayed for relief in the premises. Therefore
Be it enacted by the People of the State of New Yorky represented in Treasurer
Senate and Assembly and it is hereby enacted by the autlwrity of the samCy Sme**petl-
That the treasurer of this State shall be, and he is hereby authorized tioning
and required, to liqudate the debt due from the said Garret Rapalie to fSr Garret
the people of this State, on such principles and proofs as to him shall ^^q® ^
appear proper and just, and having so liquidated the same, and ascer- debt due
tained the amount of the debt so due, it shall and may be lawful, to and ^^^*
for the said treasurer on the behalf of the people of this State, to join
in a petition with any other creditor or creditors of the said Garret
Rapalie, and to state the sum which shall be so found due as aforesaid,
to be due to the people of this State, in order to enable the said Garret
Rapalie to take the benefit of the act entitled "An act for the relief of
insolvent debtors" passed 13th April 1786. Provided nevertheless y that
the said treasurer shall on oath declare, that the debt so by him stated
as due to the people of this State, is to the best of his knowledge and
belief true and just, and that he doth not know or believe that any
security of any kind whatsoever hath been taken for the same.
Vol. 2. — 59
466 LAWS OF NEW YORK. [Chap. 54
CHAP. 53.
AN ACT to amend an act entitled '^An act for making process
in courts of equity effectual against mortgagors who abscond
and cannot be served therewith, or who refuse to appear.
Passed the 13th of March, 1787.
Proambie. Whereas in and by the act entitled "An act for making process in
courts of equity effectual against mortgagers who abscond and cannot
be served therewith, or who refuse to appear " passed the 7th March
1785, it is directed, that before any decree shall be made on any bill
therein mentioned, the court shall cause the mortgaged premises to be
appraised on oath by two indifferent persons, to be appointed by the
court, that the value of the same may be known by the court as nearly
as may be before the decree be made. And whereas it is found by
experience that in most cases, the causing the mortgaged premises to be
appraised in manner aforesaid before any decree shall be made, is attended
with delay and considerable expence, and no valuable purpose answered
thereby. Therefore
Court may Be it enacted by the People of the State of New York, represented in
onnorJ?* aSlfwa/^ and Assembly, and it is hereby enacted by the authority of the same,
gaged That it shall and may be lawful for the chancellor, to decree and order
withou? a sale of any such mortgaged premises in pursuance of the said act,
appraifld- without any such appraisement as aforesaid, except in such case^ where
™®° he shall judge the same to be necessary, any thing in the aforesaid act
to the contrary notwithstanding.
CHAP. 54.
AN ACT to amend an act entitled "An act for relief against
absconding and absent debtors.*'
Passed the 13th of March, 1787.
Preamble. WHEREAS doubts may arise upon the said act, whether deeds executed
by the trustees, and proceedings carried on against fraudulent, abscond-
ing or concealed debtors after their decease, are valid in the law.
Death of Be it ettacted by the People of the State of New York represented in
deUor^not ^^^^^^ ^^^ Assembly, and it is hereby enacted by the authority of the same,
affect pro- That in all cases as well where any 3uch debtor or debtors shall have
bTtnwtees died, as where any such debtor or debtors shall die after the time fixed
for such debtor or debtors appearance by the order or notification of
the judge before whom the proceedings were had shall have expired,
the proceedings shall not be discontinued by the death of such debtor
or debtors, but may be carried on to a final conclusion, as if the said
debtor or debtors had remained in full life, and all such proceedings
and all deeds executed or to be executed in pursuance thereof are
hereby declared as legal as if executed whilst the said debtor or debtors
were living.
Chap. 56.] TENTH SESSION. 467
CHAP. 55.
AN ACT for raising a further sum of money to complete the
court house and gaol in Dutchess county.
Passed the 14th of March, 1787
Whereas the supervisors of the county of Dutchess, have by their preamble. \
petition requested the legislature to enable them by law, to raise a
further sum of money, to complete the court house and gaol in the said
county, therefore.
jB^ it enacted by the People of the State of New York^ represented in Snperris-
Senate and Assembly^ and it is hereby enacted by the authority of the same^ 25 of ^^^
That the supervisors of the several precincts in the said county for the iBi^Join
time being, shall be, and they are hereby authorized and required to oount^
direct to be raised and levied on the freeholders and inhabitants of the
said county, a further sum of one thousand three hundred pounds, with
an additional sum of eight pence in the pound for collecting the same ;
which said sum shall be raised levied and collected in the like manner,
as the other necessary and contingent charges of the county are levied
and collected.
And be it further enacted by the authority aforesaid, That the super- Meetioff ot
visors of the said county of Dutchess, shall meet for the purpose of JJP^JJ^n
dividing the said sum to be raised and levied, by virtue of this act, at and where
the dwelling house of Stephen Hendrickson in Poughkeepsie, in the ^®^^'
said county, on the first Tuesday in May next ; and it is hereby made
the duty of the clerk of the supervisors of the said county, to notify
the respective supervisors of such meeting.
And be it further enacted by the authority aforesaid. That the monies Tax, when
directed to be raised by virtue of this act, shall be collected and jpaid fected and
into the treasury of the said county of Dutchess, on or before the first pajd; how
Tuesday of September next ; and the treasurer of the said county is ^ ^^ '
hereby required and directed, to pay to the order of the supervisors of
the said county, so much of the said monies as they shall require for
completing the court house and gaol aforesaid, and the residue, if any
there be, shall be retained by him to be disposed of, and applied for the
general benefit of the county, in such manner as the supervisors of the
said county shall direct.
And be it further enacted by the authority aforesaid, That it shall and Pee» of
may be lawful for the treasurer of the said county of Dutchess, to re- treasurer,
tain in his own hands the sum of three pence in the pound, for his
trouble in receiving and paying out the monies directed to be raised by
this 4ct.
CHAP. 56.
AN ACT for making lands and tenements, liable to be sold by
executions for debt, and for the more easy discovery of judg-
ments, and the better security and relief of purchasers, and
creditors.
Passed the 19th of March, 1787.
Be' // enacted by the People of the State of New York, represented in Real ettat^
Senate and Assembly ^ and it is hereby enacted by the authority of the same^ ™ fj ^
That all and singular the lands, tenements and real estate of every execution.
468 LAWS OF NEW YORK. [Chap. 56-
debtor, shall be, and hereby are made liable to be sold upon executions^
to be issued by virtue of any judgment, heretofore had or hereafter to
be had in any court of record, against such debtor, for the payment and
satisfaction of the debt or damages, so recovered, or to be recovered.
Judge to And be it further enacted by the authority aforesaid^ That every judge
and^ear ^r officer of any court of record, who shall sign any judgment, shall at
on signing the time of signing the same, without any fee for doing the same, set
g"i««it' ^Qwn ti^e (Jay and year of his signing the same judgment, upon the mar-
gin of the roll or record where the same judgment shall be entered ;
and that the clerks of the said respective courts shall mark upon the
back of every roll or judgment filed in their respective offices, the time
of filing the same. And further^ that no judgment shall affect any lands
or tenements, as to purchasers or mortgagees, or have any preference
against heirs, executors or administrators, in their administration of their
ancestors, testators, or intestates estates, but from the time of the actual
filing of the roll or record of the same judgment in their respective
offices, after the same shall have been signed as aforesaid.
Docket of And be it further enacted by the authority aforesaid^ That the several
to iw°made and respective clerks of the several and respective courts of record in
byderka. ^^{5 State, shall, before the last day of the term or court next after the
first day of July, in the present year of our Lord one thousand seven
hundred and eighty seven, and so in every term, or at every court, or
within six days thereafter, make or cause to be made and put into an
alphabetical docket, by the name or names, of the party or parties,
against whom any judgment shall be entered, a particular of all judg-
ments, by confession, non sum informatus or nihil dicit, and upon ver-
dicts, writs of inquiry, demurrer and every other judgment, for debt or
damages, entered in the said respective courts, of the term, or at the
court preceding; which shall contain the name and names of the plain-
tiff and plaintiffs, and the name and names of the defendant and defend-
ants, his, her or their place or places of abode and title, trade or pro-
fession, if any such be in the record of such judgment; and the debt
damages, and costs recovered thereby; and the said respective dockets
shall be fairly put into and kept in books,.in the respective offices of the
said respective clerks, to be searched and viewed by all persons, at
reasonable times, upon pain that every clerk of the said respective
courts, shall respectively, for every term or court in which he shall omit
or neglect to do his duty in the premises, forfeit the sum of one hundred
pounds, the one moiety to the party aggrieved, and the other moiety to
him or them who shall sue for the same ; to be recovered with costs of
suit in any court of record, by action of debt, bill, plaint or information*
And further^ that no judgment, not docketted and entered in the books
as aforesaid, shall affect any lands or tenements, as to purchasers or
mortgagees, or have any preference against heirs, executors or adminis-
trators, in their administration of their ancestors, testators or intestates
estates.
Date of en- And be it further enacted by the authority aforesaid^ That the day of the
reco^?-^^' month and year of the enrollment of recognizances, shall hereafter be
zanc€^*>© set down in the margin of the roll, where the same recognizances are
rou. ^^ enrolled ; and that no recognizance shall bind any lands, tenements or
hereditaments, in the hands of any purchaser or mortgagee, bona fide,
and for valuable consideration, but from the time of such enrollment
Execution And be it further enacted by the authority aforesaid^ That no writ of
mxJpeityof execution, shall from henceforth bind the property of the goods of any
debtor person, against whom such writ of execution shall be sued forth, but
from time £j^qjjj ^^ ^^^^^ ^^^ 5^,]^ ^^\^ gj^all be delivered to the sheriff, under
Chap. 56.] TENTH SESSION. 469^
-sheriff, coroner or other officer to be executed. And for the better of delivery
manifestation of the said time, the sheriff, under sheriff, coroners and ^® " ®
other officers, their deputies and agents, shall, upon the receipt of any
such writ, without fee for doing the same, indorse upon the back thereof,
the day of the month and year, when he or they received the same.
And be it further enacted by the authority aforesaid^ That where any Body exe-
debt hath been or shall be recovered or acknowledged, or damages what ac^
adjudged or awarded, in any court of record, it shall from henceforth J^**^*®
be lawful for him, her or them, who shall sue for such debt or damages,
to have an execution against the body of such debtor, or a writ com-
manding the sheriff or other proper officer, to cause such debt and dam-
ages to be made of the goods and chatties of such debtor, or person
chargeable with such debt, in the usual form, or of the goods and chat-
tels, lands and tenements of the debtor, or person chargeable with such
debt, in the form herein after mentioned; but no execution shall be
issued against the body, or the proper goods and chattels, lands and
tenements of any heir, devisee, executor, or administrator, unless he, she
or they, shall have made their estate liable to the same debt, by false
pleading, or otherwise. And further^ that every person who hath been
or shall hereafter be taken or arrested, by virtue of any such writ of
execution, against his or her body, for any such debt or damages, by
any sheriff or other officer, to whom any such writ hath been or shall be
directed, and every person who hath been or shall be committed to the
custody of any sheriff or other officer, in execution for any such debt
or damages, shall be safely kept in prison, in close and secure custody, »
without bail or mainprize, living at his or her own costs, until he or she
shall satisfy and pay such debt and damages; and if any such sheriff or
other officer, shall permit any such person so taken, arrested or com-
mitted, or hereafter to be taken, arrested or committed, to go out of
prison, or be at large, by bail, mainprize or otherwise, without the assent
and agreement of the plaintiff, such sheriff or other officer shall thereby
become answerable to the plaintiff, for the debt and damages for which
such person was taken, arrested or committed, and the plaintiff may
recover the same with costs, by action of debt, bill or plaint, against such
sheriff or other officer.
And be it furtfier enacted by the authority aforesaid^ That in every Contents
writ of execution hereafter to be issued against lands and tenements, uonf dSreo-
the sheriff or other officer, to whom such writ shall be directed, shall J^°j^
be commanded, that of the goods and chattels of the person or persons
against whom such execution issues, in his county or bailiwick, he cause
to be made, the debt, damages, and costs or sum of money, in such ex-
ecution specified ; and if sufficient goods and chattels of such person
or persons cannot be found in his bailiwick or county, that then he
cause the said debt, damages, and costs or sum of money, to be made
of the lands and tenements whereof such person or persons were, or
was seised, on the day when the same lands became liable to such debt,
damages, or surfi of money, specifying the day particularly, or at any
time afterwards, in whose hands soever the same may then be. But
when any such execution shall be issued against any person or persons,
as tertenants, or as heirs or devisees of any person deceased, unless they
shall have made their estate liable by false pleading, or otherwise, such
writ.shall only command the sheriff or other officer, to whom the same
shall be directed, that of the lands and tenements, whereof the ances-
tor, testator or person deceased was seized, on the day the same lands
became liable as aforesaid, or at any time afterwards, or at the time of
his or her death, as the case may require he cause to be made, the
470 LAWS OF NEW YORK. [Chap. 56.
debt, damages and costs, or sum of money in the same writ specified.
Where one And further^ that where lands or tenements, in the hands of several
panSS'S persons, are or shall be liable to satisfy any judgment or debt of record,
land liable and the whole, or more than a due proportion shall be paid by, or levied
ment,?8 upon the lands of any one or more of them, the person or persons so
•old. aggrieved, his, her or their executors or administrators, may have a writ
out of chancery, setting forth his, her or their grievance, directed to the
justice of the supreme court, commanding them to hear the complaint,
and to do justice to the parties ; and the justices of the supreme court
shall thereupon cause the party or parties, against whom such complaint
shall be made, to be warned, to be before them, at a certain day, to
shew, if he, she or they have any thing to say, why his, her or their
lands should not be charged with a due proportion of the monies so
paid or levied ; and if he, she or they, do not come at the day, or do
come and can say nothing, why his, her or their lands should not be
charged with a due proportion of the monies so paid, or levied, then
the sheriff of each county, in which such lands and tenements so charge-
able, are or shall be situated, shall be commanded, that by the oath of
twelve good and lawful men of his county or bailiwick, he diligently
inquire, what was the true value of the lands and tenements in the hands
of each of the parties respectively, in his county or bailiwick, so charge-
able, at the time they became chargeable as aforesaid ; and that he send
the inquisition which he shall take thereof, before the same justices, at
a certain day, under his seal, and the seals of those by whose oath he
shall take such inquisition : And when the value of the whole lands
and tenements so chargeable, shall be found, the justices shall apportion
the money so paid or levied, together with the plaintiff's damages and
costs of suit, among the several holders of the said lands and tenements
so chargeable, according to equity and justice ; and shall cause so much
as each person ought to pay, to be levied of the said lands and tene-
ments, so held by him or her, and to be paid to the plaintiff or plaintiffs.
Purchaaer And further^ if any purchaser of any lands or tenements, upon any
execution; execution heretofore issued, or hereafter to be issued, or his or her heirs
AoUon fn ^^ assigns, shall be evicted on account of any irregularity in the pro-
case of ceedings or want of title in the person or persons, against whom such
eTiotion. execution issued, or by reason of any prior incumbrance, then, and in
every such case, the person or persons so evicted, his, her or their ex-
ecutors or administrators, may have a writ out of the chancery, setting
forth, his, her or their grievance, directed to the justices of the supreme
court^ commanding them to hear the complaint, and to do justice to the
parties; and the justices of the supreme court shall thereupon cause,
as w^U the party or parties, at whose suit, or for whose benefit the same
lands and tenements were sold, as the party against whom the execution
issued, or their respective heirs, devisees, executors, or administrators^
to be warned to be before them at a certain day, to shew if they or
either of them have any thing to say, why the plaintiff should not be
restored to the monies paid for the said lands and tenements; and if
they do not come at the day, or do come and can say nothing why the
plaintiff should not have restitution of the said monies, the plaintiff
shall have judgment and execution for the same, together with his costs
of suit, against him, her or them, who ought to repay the same ; and
the party in whose favour such former judgment was had, or his heirs^
devisees, executors or administrators, who may be charged by such
judgment of restitution, shall thereupon have such further judgment
and execution as justice shall require.
Chap. 56.] TENTH SESSION. 471
And be it further enacted by the authority aforesaid. That all prisoners, Prisoner to
either upon contempt or mesne process, or in execution, who are or SetiSned"^
shall be committed to any prison, shall be actually detained within such *n J}??^'*
prison, until they shall be from thence discharged by due course of law. fuiiy<fiir'
And if at any time the keeper or keepers of any prison shall permit or ^barged,
suffer any prisoner committed to his or their custody, either upon con-
tempt or mesne process, or in execution, to go or to be at large, out of
his or their respective prisons (except by virtue of some writ of habeas
corpus or rule of court, (which rule of court shall not be granted but
on motion made, or petition read in open court) every such going or
being out of the said prison, shall be judged and deemed, and is hereby
declared to be an escape.
And be it further enacted by the authority aforesaid^ That if any sheriff Penaltjr for
or keeper of any prison, shall take any sum of money, reward or gratuity Jakfng*
whatsoever, or any security for the same, to procure, assist, connive at, bribe to
or permit any escape of any prisoner, in his or their custody, and shall es^e.
be thereof lawfully convicted, every such sheriff or keeper, shall, for
every such offence, forfeit the sum of five hundred pounds, and his
said office, and be for ever after incapable of executing any such office.
And be it further enacted by the authority aforesaid^ That no retaking itetakinfc
on fresh pursuit, shall be given in evidence on trial of any issue in any ^^©nln
action of escape, against any sheriff or keeper of any prison, unless the evidence
same shall be specially pleaded ; nor shall any special plea be taken, pi^^ded.
received, or allowed, unless oath be made, in writing, by such sheriff or
keeper of any prison, against whom such action shall be brought, and
filed with such plea, that the prisoner, for whose escape such action is
brought, did without his consent, privity or knowledge, make such
escape, and if such affidavit shall at any time afterwards appear to be
false, and such sheriff or keeper of any prison shall be convicted
thereof by due course of law, he shall forfeit the sum of five hundred
pounds.
And be it further enacted by the authority aforesaid^ That the party Execution
or parties at whose suit, or ,to whom any person doth or shall stand nfopertyof
charged in execution, for any debt or damages recovered, his, her or J^J^JJ®**
their, executors or administrators, may, after the death of the said per-
son so charged and dying in execution, lawfully sue forth and have new
execution against the goods and chattels, lands and tenements, or any
of them, of the person so deceased, in such manner and form, to all
intents and purposes, as if he, she or they, or any of them, might have
had, by the laws and statutes of this State, if such person so deceased
had never been taken or charged in execution ; but no person or per-
sons, his, her or their executors or administrators, at whose suit or suits
any such party shall be in execution, and die in execution, shall have
or take any new execution against any the lands, tenements or heredita-
ments of such party, so dying in execution, which shall at any time after
the judgment or judgments against such party so dying, and by reason
whereof such party was taken or charged in execution, be by him, or
her, sold bona fide for the payment of any of his or her creditors, and
the money which shall be paid for the lands so sold, either paid or
secured to be paid, to any of his or her creditors, with their privity, and
consent, in discharge of his, her or their due debts, or of some part
thereof, nor against any lands, tenements or hereditaments of any such
p>erson so dying in execution, which shall have been sold by reason of
any other judgment against the said party so dying in execution.
And be it further enacted by the authority aforesaid^ That if any person ^^^^^
who is or shall be committed in execution to any prison, shall escape cBcapes,
472 LAWS OF NEW YORK. [Chap. 57.
new exe- from thence, by any ways or means howsoever, the creditor or creditors
against ^^ whose suit such prisoner was charged in execution, at the time of his
^"ay^fisT ^^ ^^^ escape, shall, or may retake such prisoner bv any new capias, or
™* "*' capias ad satisfaciendum, or sue forth any other kmd of execution on
the judgment, as if the body of such prisoner, had never been taken in
execution.
Debtor And be it further enacted by the authority aforesaid^ That if any person
^pr?8on^ hath been or shall be condemned in any court of record in this State,
*>yo«i©»'of and hath been or shall be, by virtue of any such condemnation com-
saUsfac- mitted to prison, there to remain until he or she shall make satisfaction
not"t™be^' ^^ ^^ P^-rty, to whom he or she is or shall be condemned, and any writ
reieMNBd or writs shall be granted, commanding the sheriff or keeper of the prison,
«n hall where such prisoner is holden, to have the body of such prisoner, with
the cause of his or her imprisonment, in the chancery, or in any other
court, or before the chancellor, or before any judge or justice, and it be
returned upon the said writ or writs, that such prisoner is condemned
by judgment given against him or her, then, and in every such case,
such prisoner shall be immediately remanded, where he or she shall
remain continually in prison according to the law and custom of this
State, without being let to go by bail or mainprize, against the will of
the party to whom such prisoner is or shall be condemned, until satis-
faction be made to him or her for the sum adjudged.
00 bail.
CHAP. 57.
AN ACT for granting and securing to John Fitch, the sole right
and advantage of making and employing for a limited time, the
steam boat by him lately invented.
Passed the igih of March, 1787.
Preamble. WHEREAS John Fitch of Bucks county in the State of Pennsylvania,
hath represented to the legislature of this State, that he hath constructed
an easy and expeditious method of impelling boats through the water
by the force of steam, praying that an act may pass, granting to him,
his executors, administrators and assigns, the sole and exclusive right
of making, employing and navigating, all boats impelled by the force of
steam or fire, within the jurisdiction of this State, for a limited time.
Wherefore^ in order to promote and encourage so useful an improve-
ment and discovery^ and as a reward for his ingenuity, application and
diligence,
Sole riffht' Be it enacted by the People of the State of New York^ represented in
tion*by Senate and Assembly^ and it is hereby enacted by the authority of tfie same^
ateamboat That the said John Fitch, his heirs, executors, administrators and assigns,
Soifn F?toh shall be, and they are hereby vested with the sole and exclusive right
sylvaDuT. ^^^ privilege of constructing, making, using, employing, and navigating,
all and every species or kind of boats or water craft, which may be urged
or impelled through the water by the force of fire or steam, in all creeks,
rivers, bays and waters whatsoever, within the territory and jurisdiction
of this State, for and during the full end and term of fourteen years,
from and after the present session of the legislature.
SautSo^*^ -^«^ be it further enacted by the authority aforesaid^ That if any person
ixed navi- or persons whomsoever, without being properly authorised, by him the
^imboat. said John Fitch, his heirs, executors or administrators, shall make, use.
Chap. 58.] TENTh! SESSION. . 473
employ or navigate any boat or water craft, which shall or may be urged,
impelled, forced or driven through the water, by the force, power or
agency of fire or steam as aforesaid, within the territory or jurisdiction
of this State, every person or persons so offending, against the tenor,
true intent and meaning of this act, for each and every such offence,
shall forfeit and pay unto the said John Fitch, his heirs, executors or
administrators, or to such other person or persons as he the said John
Fitch his heirs or assigns, shall authorise and empower for that purpose,
the sum of one hundred pounds, to be recovered by action of debt in
any court of record, within this State, wherein the same may be cogniz-
able, with costs of suit; and shall also forfeit to him the said John Fitch,
his heirs or assigns, all such boats or Water craft, together with the steam
engine, and all the appurtenances thereof, to be recovered in manner
aforesaid, with costs of suit. Frmndcd always
And be it further enacted by the authority aforesaid^ That neither this Act to
act, nor any clause, manner or thing therein contained, shall be taken, Jj^ts pSl^
deemed or construed to prohibit or prevent any person or persons from p^*^ ^^
making, using, employing or navigating, within this State, any kind of
boats or water craft, heretofore invented, or hereafter to be invented,
on any other principles construction or model, which may be urged,
impelled, or driven along through the water, by any other power, force,
agency or means, except fire or steam.
CHAP. 58.
AN ACT for the better extinguishing of fires in the city of New
York.
Passed the 19th of Marth, 1787.
Be it enacted by the People ^of the State of New Vorh, represented in Firemen Id
Senate and Assembly^ and it is hereby enacted by the authority of the same^ ^ty^ ^**'^
That it shall and may be lawful, to and for the mayor, aldermen and appoint-
commonalty of the city of New York, in common council convened, or °*®** ^ *
the major part of them, and they are hereby required to nominate and
appoint a sufficient number of strong, able, discreet, honest and sober
men, willing to accept, not exceeding three hundred in number, of the
inhabitants, being freeholders or freemen of the said city, to have the
care, management, working and using the fire engines, and the other
tools and instruments now provided, or hereafter to be provided, for
extinguishing of fires within the said city; which persons so to be nom-
inated and appointed, as aforesaid, shall be called. The Firemen of the
City of New York, and who, with the engineers of the same city, are
hereby required and enjoined, to be ready at all times, as well by night
as by day, to manage, work and use the same fire engines, and other
the tools and instruments aforesaid, so provided, and to be provided,
for extinguishing of fires in the same city.
And in order that the firemen so to be nominated and appointed as nremen
aforesaid, may be diligent and vigilant in the execution of their duty, fro,J|*P,5^
Be it further enacted by the authority aforesaid^ That the persons so to and mllitla
be nominated and appointed firemen as aforesaid, and each and every ^'^' *****
of them, from time to time, during their continuance in that office, and
no longer, shall be, and hereby are declared, to be freed, exempted and
privileged, from serving in the office of constable, and from being
impaneled or returned upon any juries or inquests, and of and from
Vol. 2. — 60
474 LAWS OF NEW YORK. [Chap. 58.
militia duty within the said city, except in cases of invasion, or other
imminent danger; and that the names of all firemen, to be nominated
and appointed by virtue of this act, shall, from time to time, be registered
and entered with the clerk of the peace of the said city; and his certifi-
cate shall be sufficient evidence, in all courts and cases, ^f such privi-
Removal lege and exemption. And further, that it shall and may be lawful to
of fireman. ^^^ ^^^ ^^^ mayor, aldermen and commonalty of the said city, in com-
mon council convened, or the major part of them, to remove and dis-
place all or any of the firemen now appointed, or so as aforesaid to be
nominated and appointed, by virtue of this act, when and as often as
they shall think fit, and others in the room or places, of such as they
shall so remove or displace, to nominate and appoint, and so from time
to time as they the said mayor, aldermen and commonalty of the said
city, in common council convened, or the major part of them, for the
time being, shall think proper.
Common And be it further enacted by the authority aforesaid^ That it shall and
mayordain may be lawful to and for the mayor aldermen and commonalty of the
rules 10 said city, in common council convened, or the major part of them, to
firemen, make establish and ordain, such rules, orders, ordinances and regula-
tions, in respect of the government, conduct, duty and behavior of the
persons to be by them from time to time, nominated and appointed
firemen, in virtue of this act, in the working, managing and frequent
exercising, trying and using of the same fire engines, tools and other
instruments, and to impose and establish such reasonable fines, pen-
alties and forfeitures, upon them, or any of them, for default or neglect
of the duties and services thereby to be enjoined or required from them,
as the mayor, aldermen and commonalty of the same city, in common
council convened, or the major part of them, shall from time to time
think proper.
Sheriff, And be it further enacted by the authority aforesaid. That upon the
Sto*.^^^* breaking out of any fire within the saidxity, the sheriff, deputy sheriflfs,
keep order constables and marshals (upon notice thereof) shall immediately repair
*' to the place where such fire shall happen, with their rods, staves and
other badges of authority, and be aiding and assisting, as well in the
extinguishing of the said fires, and causing th e persons attending the
same, to work, as in preventing any goods or household furniture, from
being stolen at such fires; and shall seize and apprehend all ill disposed
persons whom they find stealing or pilfering: And that the officers afore-
said shall also give their utmost assistance to the inhabitants in remov-
ing and securing their said goods and furniture; and in the execution
of the duties required from them by this act, shall in all respects be
obedient to the orders and directions of the mayor, recorder and alder-
men of the said city, or such of them as shall from time to time, be pre-
sent at such fires.
Inhabit- And be it further enacted by the authority aforesaid, That it shall and
bS^om-^ may be lawful to and for the mayor, aldermen and commonalty of the
palled to said city, in common council convened, by a bye -law or bye-laws, ordi-
buo£5.8! nance or ordinances, by them for that purpose to be made and ordained,
to direct and require the inhabitants or owners of houses and other
buildings in the said city, to furnish and provide themselves with such
and so many fire buckets, to be ready in their respective houses and
other buildings, for the purposes of extinguishing fires, which may hap-
pen in the said city, and to impose and establish such reasonable fines,
penalties and forfeitures, for every neglect, default or disobedience
thereof, as the said mayor, aldermen and commonalty of the said city,
in common council convened, shall think proper.
Chap. 59.] TENTH SESSION; 475
And whereas the inhabitants of the said city, have, on all occasions of
fire, not only chearfully afforded their ready assistance in extinguishing
the same, but have also sent out their leather fire-buckets for that pur-
pose, many of which have, from time to time, been burnt, distroyed or
lost, for which no recompence or allowance hath been provided, which
may approve a great discouragement to owners of buckets in furnishing
them on the like occasion, for the future; for remedy whereof.
Be it further enacted by the authority aforesaid^ That in case any per- Common
son or persons shall hereafter lose any bucket or buckets, at any fire p?ovidefor
which may happen in the said city, and shall make proof before the payment
mayor, recorder or any one of the aldermen of the said citv, for the bmskels
time being, of the value of such bucket or buckets, and that the same lost at fires
was ot were actually lost or destroyed in that service ; that then and in
such case, the mayor, aldermen and commonalty of the said city in
common council convened, shall, by warrant under the hand of the
mayor or recorder, presiding at such common council directed to the
treasurer or chamberlain of the said city, for the time being, order the
value of such bucket or buckets to be paid to such person or persons, so
making proof of the loss thereof, out of any monies remaining in his
hands, for the payment of the contingent expences arising in the said
city. And if any person or persons shall, at any time thereafter be
convicted of having taken a false oath, touching the premises, he,
she or they so offending, shall incur the penalties of willful and corrupt
perjury. Prmnded always.
And be it further enacted by tJu authority aforesaid^ That if any such Lost buck-
bucket or buckets, so proved to be lost as aforesaid, shall afterwards f^nJ, to
happen to be found, the property thereof shall thenceforward be in the be property
mayor, aldermen and commonalty of the city of New York, unless the ^ * '^*
owner or owners thereof, will take back the same, and return the money
allowed and paid to him or them, for the loss thereof.
CHAP. 59.
AN ACT for the more effectual preservation of the public wells
and pumps in the city of New- York.
Passed the 19th of March, 1787.
Whereas it is found by experience that the keeping the public wells preamble,
and pumps in the city of New York in constant repair, hath contributed
to the safety of the said city against accidents by fire; Therefore
Be it enacted by t/ie People of the State of N^ew York, represented in Overseers
Senate and Assembly, and it is hereby enacted by the authority of the same, J^J pumps
That it shall and may be lawful to and for the mayor, recorder and Jn New
aldermen, or any five of them, whereof the mayor or recorder to be one, appoint-^'
and they are hereby directed and required, on the first Tuesday in May mentof.
next, and on the first Tuesday in May in every year thereafter, to nom-
inate and appoint one or more fit person or persons, for each and every
of the wards of the said city, being inhabitants of the said city, and
actually resident in such respective wards, to be overseers of the wells
and pumps in such respective wards, for the year then next ensuing: All
which persons so to be appointed as aforesaid, shall have the care and
charge of all and every the public wells and pumps, which now afe, or
hereafter shall be sunk or made in the ward, for which he or they shall
476 LAWS OF NEW YORK. [Chap. 59.
be so severally appointed overseers, as aforesaid; of which appointment
so to be made the said mayor, or recorder, with three or more aldermen
shall within three days thereafter, send notice in writing, to each and
every of the said persons, so by them to be appointed overseers as afore-
said: And if any public well or pump shall stand in a street where two
wards do join, then the aldermen of the two wards so joining, or if they
disagree, the mayor or recorder, with them, shall direct and appoint
which of the overseers shall take the care and charge of such well or
pump; And if any public well or pump shall stand in a street where
three wards do join, that then the aldermen of the said wards so join-
ing, or the major part of them, shall direct and appoint which of the
said overseers shall take the care and charge of such well or pump.
Id.; duty. And be it further enacted by the authority aforesaid^ That each and
every person so to be appointed overseer as aforesaid, shall, within
eight days next after his being so appointed, and notice thereof to him
given as aforesaid, cause all and every the wells and pumps, whereof he
is or shall be appointed overseer as aforesaid, to be viewed, examined,
cleansed and put in good order and repair, and shall so keep and main-
tain them, from time to time, as long as he shall continue overseer
thereof ; and shall also from time to time, cause new pumps to be put
into such wells as the alderman and assistant of the ward shall judge
Vacancies, necessary. And in case any one or more of the overseers to be appointed
by virtue of this act shall remove out of the said city, or shall die before
the expiration of one year next after his being appointed, or being
appointed, shall refuse to act; that then, and in either of the said cases,
it shall and may be lawful to and for the said mayor, recorder and
aldermen of the said city, or any five of them, whereof the mayor
or recorder to be one, by a majority of voices, to appoint another or
others in his or their room and stead; and so as often as such case shall
Accounts happen. And further^ that all and every the overseers to be appointed
tobekept. ijy ^^ g^^j mayor, recorder and aldermen, by virtue of this act, shall
keep just, fair and exact accounts of all and every sum and sums of
money, which they, or any, of them, shall pay and expend, in about and
towards the cleansing, maintaining and keeping in good repair, the wells
and pumps, in his or their charge.
Penalty And be it further enacted by the authority aforesaid^ That in case any
of du^!**^ or either of the overseers so to be appointed by virtue df this act, shall
neglect or refuse to accept the office, or having accepted thereof, shall
neglect or refuse to do his duty therein, as is required by this act, every
such person, shall for every such refusal, neglect or delay, forfeit the
sum of five pounds lawful money of this State, to be recovered by action
of debt, with costs of suit, in any court within this State, having cogni-
zance thereof, by any person or persons who shall sue and prosecute the
same, to effect; one half of which forfeiture, when recovered, shall be
paid to the treasurer or chamberlain of the said city, for the time being,
and applied towards repairing such public wells and pumps, in the same
manner as the other monies to be raised for that purpose, are directed
to be appropriated; and the other half to the person who shall sue and
prosecute for the same to effect, as aforesaid.
Accounts And be it further enacted by the authority aforesaid^ That the over-
JSredlto seers of the public wells and pumps, in each of the wards of the said
mayor, etc. city, shall, once in every thee month, render to the mayor, aldermen and
commonalty of the said city of New York, in common council convened,
a just and true account upon oath, of all and every sum and sums of
mon6y by him or them respectively paid and expended, in and about
the cleansing, amending and repairing, the wells and pumps aforesaid^
Chap. 6o.] TENTH SESSION. 477
together with the vouchers or receipts for the same, (to be by them
inspected, examined and filed). And the said common council of the
city of New York, shall thereupon forthwith issue their warrant, to be
signed by the mayor or recorder, presiding at such common council,
directed to the treasurer or chamberlain of the said city for the time
being, and requiring him to pay to such overseer so producing vouchers,
and making oath to his account, the full amount thereof, out of any
monies remaining in his hands for such purposes.
And whereas divers disorderly persons, have frequently been guilty of
cutting well ropes, and breaking the handles of pumps and doing other
mischiefs to both, for prevention whereof for the future.
Be it further enacted by the authority aforesaid, That if any person or Malldoiis
persons shall artfully or maliciously cut any of the public well-ropes, {5,^|!^8 or
or break or injure the handles of, or do any other hurt or damage to wells, pun-
any of the said wells or pumps, and shall thereof be convicted before for?^*** '
the mayor, recorder or any one of the aldermen of the said city, either
by the confession of the party or parties so offending, or by the oath of
one or more credible witness or witnesses, he, she or they, shall for every
such offence, forfeit the sum of forty shillings, to be recovered with costs
of suit, and levied by warrant under the hand and seal of such mayor,
recorder or aldermen, before whom such offender or offenders shall be
convicted; one half of which forfeiture to be paid to the treasurer or
chamberlain of the same city, for the time being, to be applied as afore-
said and the other half to the person or persons, who shall prosecute
for the same to effect: And upon refusal of payment of such forfeiture
or forfeitures, and want of sufficient distress, whereon the same can be
levied, then the said mayor, recorder or alderman, before whom such
conviction shall take place, is hereby empowered and required, by war-
rant under his hand and seal to commit every such offender, to the
bridewell or house of employment of the said city, there to remain with-
out bail or mainprize, for the space of one month, or until such forfeit-
ure and cost shall be paid. And if such offence shall be committed by
any apprentice, servant or slave, such forfeiture shall be paid by his or
her master, mistress or owner; or in default thereof, such apprentice,
servant or slave shall be committed to the bridewell or house of employ-
ment of the said city in manner aforesaid.
CHAP. 60.
AN ACT to vest the real estate of Hendrick Remsen deceased,
in trustees, for the purposes therein mentioned.
Passed the 21st of* March, 17S7.
Whereas Hendrick Remsen late of the city of New York, merchant. Preamble,
deceased, did in his life time make and subscribe a certain instrument
of writing, to the following effect, to wit, *' My estate to be divided
after my decease, Joris 1500, Henry 1000, and the remainder to be
equally divided among my four children, to wit, George Remsen, Henry
Remsen, Dorothy Remsen and Phebe Remsen." And whereas all the
said children of the said Hendrick Remsen being then of full age, did
enter into articles of agreement with each other, under their several
and respective hands and seals, to observe and abide by the intentions
of the said Hendrick, so as aforesaid expressed in the aforesaid instru-
478 LAWS OF NEW YORK. [Chap. 6o.
ment of writing, as fully to all intents and purposes, as if the same had
been his last will and testament, executed in due form of law. And
whereas Dorothy Remsen, daughter of the said Hendrick, subsequent
to the execution of the articles of agreement aforesaid, did make her
last will and testament in due form of law, and did therein and thereby
give and devise her whole estate to the legatees and devisees therein
named, as follows, unto her godson and nephew Henry Remsen, son of
her brother Henry Remsen, the sum of five hundred pounds current
money of New York. Item to Joris Remsen, son of Henry Remsen,
the like sum of five hundred pounds current money aforesaid. Item to
Jeronimus A. Remsen, son of Aris Remsen, twenty five pounds for a
suit of clothes and a mourning ring, and the residue of her estate to
her mother Catalina Remsen, and her brothers Joris and Henry Rem-
sen, and to her sister Phebe Remsen, and to their respective heirs and
assigns, equally to be divided share and share alike. And whereas the
said Phebe Remsen, one of the daughters of the said Hendrick Rem-
sen, subsequent to her entering into the articles of agreement aforesaid,
did marry with Jeronimus Remsen, by whom she had issue two children,
which said children, are still minors, and the said Phebe hath since
departed this life. And whereas all the parties who are interested in
the estate of the said Hendrick Remsen, are desirous that the dispo-
sition of the estate of the said Hendrick, so as aforesaid manifested by
him in the aforesaid instrument, should be carried into execution, which
cannot be done without the aid and assistance of the legislature. And
whereas the said George Remsen, Henry Remsen and Jeronimus Rem-
sen, by their petition have prayed that the real estate of the said Hen-
drick Remsen, deceased, may by an act of the legislature, be vested in
George Remsen, Henry Remsen, Jeronimus Remsen and Henry Rem-
sen junior, and their heirs in trust, to sell the same, and to divide the
monies arising from the said real estate among the several persons inter-
ested therein ; and their request spearing to the legislature to be
reasonable. Therefore
Real estate Be it enacted by the People of the State of Ntiv York, represented in
drick Rem- Senate and Assembly^ and it is hereby enacted by the authority of the samey
Ben, dfr That all and singular the real estate, lands, tenements and heredita-
ceased • • • . »
vested to ments, within this State, whereof the said Hendrick Remsen died seized,
fSr^pur^ shall, at and immediately after the passing of this act, be, and hereby
poses are vested in the said George Remsen, Henry Remsen, Jeronimus Rem-
°*™® • sen and Henry Remsen junior, and their heirs, upon trust, that they the
said George Remsen, Henry Remsen, Jeronimus Remsen and Henry
Remsen Junior, and the survivors and survivor of them, and the heirs of
such survivor, shall and do with all convenient speed sell and dispose
of the said real estate, lands, tenements and hereditaments, with the
appurtenances, at public vendue or otherwise, in such parts and parcels
as they shall find necessary, for the most money, and best price and
prices, that can be reasonably got for the same, and shall and do dispose
of and apply the money to arise by such sales, and the mean profits by
them to be received until such sale or sales shall be made, in manner
following, that is to say, first, for paying and reimbursing themselves
for their trouble, and all such charges and expences as they shall sus-
tain, or be put to, by reason of the trust so reposed in them ; and in the
next place for paying and discharging the debts and funeral charges of
the said Hendrick Remsen, deceased, if any there be unpaid, the sev-
eral pecuniary legacies in the aforesaid instrument of writing of the
said Hendrick specified and mentioned, that is to say, the sum of fif-
teen hundred pounds to the said George Remsen, and one thousand
Chap. 6o.] TENTH SESSION. 479
pounds to the said Henry Remsen, and shall and do pay one fourth
part of the residue of the monies arising from the sale of the said
real estate to the said George Remsen, one other fourth part thereof
to the said Henry Remsen, one other fourth part thereof to the execu-
tors named in the last will and testament of the said Dorothy Remsen
deceased, for the use and benefit of the legatees and devisees therein
named, in the manner by her directed in her said last will and testa-
ment, and the remaining fourth part thereof to the children of the said
Phebe Remsen, equally to be divided between them, or to the guardians
of the said children lawfully to be appointed, for their use.
And be it further enacted by the authority aforesaid^ That the said Granuby
trustees shall by virtue of this act be deemed 'and adjudged in the hTvelSi^
actual possession of all and singular the premises so vested in them as ©fleet,
aforesaid; and that all and every sale, grant, conveyance and assurance
to be made in virtue of this act by the said trustees, or the survivors or
survivor of them, or the heirs of such survivor, of all and every or any
part of the premises so vested in them, shall be good and effectual to
all and every purchaser and purchasers, his, her and their heirs and
assigns, according to the purport and effect thereof ; and the said
purchasers, their heirs and assigns, shall and may by virtue thereof, and
of this act, have, hold and enjoy the same premises, against the heirs,
devisees, legatees, executors and administrators, of the said Hendrick
Remsen deceased, and their and every of their heirs, executors, ad-
ministrators and assigns, saving to all other persons, bodies politic and
corporate, their and every of their heirs, successors and assigns, all such
right, title, estate, and interest, claim and demand, as they, or any, or
either of them had, or should, or ought to have, of, in, to, or out of, any
of the said real estate, so sold as aforesaid, if this act had not been
made.
And be it further enacted by the authority aforesaid^ That the receipt Receipt of
or receipts of the said trustees, or the survivors or survivor of them, and {S'Safhlii?
the heirs of such survivor, under his her or their hands or hand charge of
respectively, shall be a sufficient discharge to the purchaser or pur- moneyf^
chasers of the premises so sold, or any part thereof, and to their respec-
tive heirs, executors administrators and assigns, for so much of the pur-
chase money for which such receipt or receipts shall be given ; and such
purchaser or purchasers, his, her or their heirs, executors, administra-
tors or assigns, shall not be answerable for any loss, misapplication or
non application of the said purchase money, or any part thereof.
And be it further enacted by the autliority aforesaid^ That the said Trustees
trustees, shall not, nor shall either of them, or the heirs, executors or |® d^noJT
administrators of either of them, be answerable or accountable for any JP*A*'y
money to be received by virtue of or under the trust hereby reposed in
them, any otherwise, than each person for such sum and sums of money, ,
as he or they shall respectively actually receive or give a receipt or
receipts for ; and that no one of them shall be answerable or account-
able for the acts, receipts, neglects, or defaults of any other of them.
And be it further enacted by the authority aforesaid^ That the said Bond to be
George Remsen, Henry Remsen, Jeronimus Remsen and Henry Rem- Sif^Lery.
sen Junior, shall severally, before they enter upon the trust hereby
reposed in them, give bond with such security and in such manner as
the chancellor shall direct, for the faithful performance of the said
trusts.
highways.
480 LAWS OF NEW YORK. [Chap. 6u
CHAP. 61.
AN ACT for the better regulating the public roads in the city
and county of New York.
Passed the 21st of March, 1787.
Common Be it enacted by the people of the State of New York, represented in
New*York ^^nat^ ^^ Assembly, and it is hereby enacted by the authority of the same^
cjgde- That the mayor, aldermen and commonalty of the city of New York, in
conunis- common council convened, and their successors, shall be, and hereby
h^wa^'. ^^^ appointed commissioners to regulate and keep in repair the present
public roads or high ways ; and to lay oul, regulate and keep in repair
such other public roads or high ways, as shall hereafter be laid out in
the said city and county.
Powers And be it further etuxcted by the authority aforesaid. That the said
of commUk commissioners, so as aforesaid by this act appointed, shall be, and
hiffh^^ hereby are fully authorized and impowered to widen or alter, all public
wavR. j.Q^^g ^^^ highways, already laid out in the said city and county, to such
convenient breadth, not exceeding four rods, nor less than two rods, as
the said commissioners shall judge fit, to make them passable for horses
and carriages. And also, to lay out and make such other public roads
or highways, as they shall think necessary or convenient for the said
city and county, in manner aforesaid, if the owner or owners of the said
lands thro* which such new roads are to run, or his her or their agent
or legal representative will, on reasonable recompence, consent to the
same: And if in widening or altering any such public road or highway,
now in being, or if in laying out any public road or highway hereafter,,
or in widening or altering the same, the said commissioners shall take,
or require for such purposes the lands of any person or persons, they
shall give notice thereof to the ownars or proprietors of such land, or
to his her or their agent or legal representative. And to the end, that
reasonable satisfaction may be made for all such lands, as shall be taken
and employed for the use aforesaid^ the said commissioners shall and
may treat and agree with the owners and persons interested therein, or
his her or their agent or legal representative; and if aity such owners or
proprietors shall refuse to treat in manner aforesaid, then and in such
case, it shall and may be lawful to and for the mayor or recorder, and
any two or more aldermen, by virtue of this act, to issue a precept
directed to the sheriff of the said city and county of New York, com-
manding him to impannel and return, and he is hereby required to
impannel and return, a jury to appear before the mayors court, at the
then next meeting thereof, not less than three weeks from the date of
such precept, to inquire of and assess the damages and recompence due
to the owner or owners of such land; and at the same time to summon
the owner or owners of such land, or his her or their agent or legal
representative, by notice to be left at his or her last most usual place of
abode, to appear before such mayors court, on the day and at the place
of the return of such precept, which jury, being first duly sworn for that
purpose, and having viewed the premises, if necessary, shall inquire of
and assess such damages and recompence as they shall, under all the
circumstances, judge fit to be awarded to the owner or owners of such
land, according to their several and respective interests and estates, of
and in such land, or any part thereof, for their respective interests and
estates in the same; and the verdict of such jury, and the judgment of
Chap. 6i.] TENTH SESSION. 481
the said mayors court thereupon, and the payment of the sum and sums
of money so awarded and adjudged to the owner or owners thereof, or
tender and refusal thereof, shall be binding to all intents and purposes,
against the said owners and their respective heirs, executors, adminis-
trators and assigns, claiming any interest or title in or to the same land,
and shall be a full authority to the said commissioners, to cause the said
land to be converted to, and used for the purposes aforesaid; any thing
herein, or in any other law contained to the contrary hereof in any wise
notwithstanding.
Provided always^ and be it further enacted by the authority aforesaid^ Proviso, as
That nothing in this act before contained, shall be deemed to authorize c?o1Sh-
or require compensation to be made to any person or persons for any ments.
lands, which he, she or they shall have obtained by encroaching on such
public road or highway. Afid provided further^ that the main road or Kings
highway leading to Kings bridge shall not be of less breadth than it is *>ri<i«»'"oad
at present nor any part thereof less than four rods wide.
And be it further enacted by the authority aforesaid^ That it shall and Causeways
may be lawful to and for the said commissioners to cause to be made, bridges,
built and erected, such, and so many causeways and bridges, and at such buiidingfof ;
places, as they shall think necessary; and to cause ditches from such of hiRh-
public roads or highways to be made and cut, thro' any persons land, ^^^^^
where they shall judge proper, for conveying the water from, and keep-
ing the same roads or highways dry and in good order, and from time
to time to appoint one or more surveyors or overseers of the said roads
or highways, and to employ labourers and workmen, to make and keep
the same in repair.
And be it further efiacted by the authority aforesaid^ That the said Returns of
commissioners shall, from time to time, make regular returns in writing, uid^^Y*
of all the roads or highways, by them widened, dtered or laid out, to be andaitered
signed by the clerk of the common council of the said city of New York, corded 1d
and cause the same to be entered in the records of the same city, and offloe*
that whatever the same commissioners shall do, according to the power
given them by this act, being so entered on record, shall be deemed
good and valid, to all intents, constructions and purposes in the law
whatsoever.
And be it further encuted by the authority aforesaid^ That if any person Obrtmct-
or persons, shall wantonly spoil or damage any such roads, bridges or ways. 'etc.,
causeways, or fill up, or destroy, any of the ditches aforesaid, or fence ^"^^'^
across any of the said roads or highways, or erect or set up any gates
thereon, or put or leave in any of them, any unnecessary obstruction,
without leave of the said commissioners, or if any person or persons,
shall leave a dead horse, or the carcase of any other beast, or any broken
carriage, in any of the said roads or highways, for any longer time, than
may be necessary to remove the same, or set up, in or near the said
roads or highways, any thing by which horses are usually affrighted, or
shall, by any improper behaviour, affright any horse or traveller, on any
of the same roads or highways, every such person, shall, for every such
offence, forfeit and pay to the treasurer or chamberlain of the said city,
for the time being, the sum of forty shillings lawful money of this State;
to be recovered by the same treasurer or chamberlain, with costs of suit,
by action of debt, before any court having cognizance thereof; and
when recovered, to be applied to the repairing and improving the said^
roads or highways, as the said commissioners shall think fit. And fur^-
iher^ to prevent as far as possible, the evasion of the good purposes
intended by this act, that the owner of every dead horse, or other
nusance aforesaid, left in any of the said public roads or highways.
Vol. 2. — 6i
482* LAWS OF NEW YORK. [Chap. 62.
shall be deemed to have put or left the same thereon, unless he or she
prove the contrary.
Removal And be it further enacted by the authority aforesaid^ That on informa-
tionsfVn'-^ tion being given, by any person whomsoever, to the overseer or over-
nui»7y ^ seers of the said roads or highways, of any of the said nusances 01
wrongaoer. Q^s^^m^^ions, he shall immediately proceed to the removing thereof;
and shall also use his best endeavours to discover the person or per-
sons, who committed the same, who, upon discovery, shall not only be
liable to the penalties, herein before appointed, but also to the costs of
removing them, and a reasonable compensation to such overseer 01
overseers, for his or their time or trouble therein; to be recovered by
such overseer or overseers with costs of suit, before any court having
Neglect by cognizance thereof as aforesaid. And further^ that every overseer who
overseer, ghall neglect or refuse to do his duty, according to the true intent and
meaning of this act, shall, for every such neglect or refusal, forfeit and
pay to the treasurer or chamberlain of the said city for the time being,
the sum of five pounds like lawful money, for every offence, to be recov-
ered with costs of suit, and paid and applied as aforesaid.
Procees And be it further enacted by the authority aforesaid^ That the first
Son*^^"' process to be issued against any offender or offenders against this act,
shall be by warrant and not otherwise; and that the execution, on con-
viction, shall be against the goods and chattels of the offender or offend-
ers; and for want of such goods and chattels, against his, her or their
bodies, and shall be contained in one and the same precept, and not
otherwise; any law, usage or custom to the contrary hereof in any wise
^ notwithstanding.
Penalty for And be it further enacted by the authority aforesaid^ That in case any
shade trees Person or persons, shall sell or otherwise destroy any tree or trees, stand-
ing on any of the said roads, or within the distance of one rod thereof,
without the leave of the said mayor, aldermen and commonalty, or **£
the owner of such tree or trees, such person or persons shall for every
such offence, forfeit the sum of three pounds, to be recovered, paid and
applied as aforesaid.
Wagons And be it further enacted by the authority aforesaid^ That in all cases
southward ^^ persons meeting each other on any of the said roads or highways, in
to have carriages, waggons, carts or sleighs, those who are going out north ward, .
way!^' shall give way to such as are coming in southward, under the penalty of
forty shillings for every offence, to be recovered, paid and applied in
manner aforesaid.
CHAP. 62.
AN ACT for the more easy assessment and collection of taxes in
the city and county of New York.
Passed the 21st of March, 1787.
All taxes to Be it encuted by the People of the State of New York, represented in
be levied in ^g^ate and Assembly, and it ii hereby enacted by the authority of the same,
manner. That all taxes to be levied within the city and county of New York,
by virtue of any law hereafter to be made and passed, whether for the
use of the State or for the maintenance of the poor and defraying the
contingent charges within the said city and county, shall be rated and
assessed by the assessors, and collected by the collectors, now chosen,
or hereafter to be chosen for the assessing and collecting of taxes, to
Chap. 63.J TENTH SESSION. 483
be raised within the said city and county, any law, usage or custom
to the contrary in any wise notwithstanding.
And be it further enacted by the autJiority aforesaid^ That all monies Taxes for
heretofore raised, or hereafter to be raised, by tax on estates real and ^ttorthe
personal of the freeholders and inhabitants of the said city and county, poor and
for the maintenance of the poor, and for defraying the contingent charges chaS^fe"*
within the said city and county, shall be paid into the hands of the treas-
urer or chamberlain of the same city, for the time being, and shall be
applied and disposed of for the purposes for which the same are or
shall be so raised, in such proportions and from time to time, as the
mayor, aldermen and commonalty of the same city, in common council
convened, by warrant under the hand of the mayor or recorder of the
said city, presiding in such common council, shall direct and appoint.
And be it further enacted by the authority aforesaid^ That the mayor, Mayor, re-
recorder and aldermen, for the time being, of the city of New Yorlc, or Sideraen^
the major part of them, of whom the mayor or recorder always to be ?J<'*^*^ ^
one, shall be, and hereby are declared to be, the supervisors of the city peAisore"
and county of New York, and shall be so considered in all laws already Yo?k dty
made, and hereafter to be made, except in such cases where in and by
this act or any other of the laws aforesaid, it is, or hereafter shall be
otherwise expressly directed.
And be it further enacted by tho authority aforesaid^ That no minister Persons
of the gospel, phisician, surgeon, clerk or attorney of any court of record, from serv-
or any person who shall have served as a member or clerk of the senate }ug aa col-
or assembly, or in any office in the corporation of the said city, superior co'^abi^
^ to that of collector jor constable, shall be compelled to serve in the said
* office of collector or constable, within the said city.
CHAP. 63.
AN ACT for altering the charter rights of the city of Albany.
Passed the 21st of March, 1787.
Whereas by the charter of incorporation granted to the mayor alder- Preamble,
men and commonalty of the city of Albany, on the twenty second day
of July in the year of our Lord one thousand six hundred and eighty
six, it is, among other things granted and declared, that the mayor of
the said city for the time being, and no other, shall have power and
authority to grant licences annually under the public seal of ths said
city, to all tavern-keepers, ordinary-keepers; victuallers and all public
sellers of wine, strong waters, cyder, beer or any sort of Hquor by retail,
within the liberties and precincts thereof, or without the same, in any
part of the county of Albany; and that the mayor of the said city for
the time being, shall be the sole coroner of the said city and county of
Albany. That the said mayor, aldermen and commonalty, should have
the exclusive right of regulating the trade with the Indians in the said
city of Albany, and to the eastward northward and westward of the said
city; and that the freemen of the said city, and no other inhabitant of
the colony of New York, should be admitted to such trade. That the
election of aldermen, assistants and chamberlain for the said city, shall
be annually held on the feast of St. Michael the archangel. That the
mayor and any three or more of the aldermen, and three or more of the
assistants, shall be the common council of the said city. And that a
court of common pleas shall be held once every fortnight for the said
484 LAWS OF NEW YORK. tCHAP. 63.
•
city of Albany, before the mayor, recorder and aldermen, or any three
of them, whereof the mayor or recorder to be one.
And whereas the said mayor, aldermen and commonalty, have by a
deed under their common seal, surrendered and yielded up to the
people of this Slate, the said above mentioned and recited rights and
privileges granted to them in and by the said charter, of the mayor of
the said city granting licenses to tavern-keepers, and others as aforesaid,
in any part of the county of Albany, (the said city of Albany only
excepted) and of the mayor being the coroner of tlie said city and
county of Albany; and also the right of regulating and exclusively
enjoying'the said trade with the said Indians, and also the right of elect-
ing the officers aforesaid, on the feast day of St. Michael the arch-angel.
And whereas the said mayor, aldermen and commonalty of the said city,
have also by their petition under their common seal as aforesaid, prayed
to have certain alterations made in the rights and privileges herein
before recited, and not in and by the said deed surrendered and yielded
up; Therefore.
Certain Be it enacted by the People of the State of New York^ represented in
rlghtf of Senate and Assembly^ and it is hereby enacted by the authority of the same^
the city of That the said deed of the said mayor, aldermen and commonalty of the
abrogated, city of Albany, is hereby declared to be accepted; and that the said
rights and privileges of the mayor of the said city, of granting licenses
to tavern-keepers, and others as aforesaid, (excepting only in the city
of Albany), and of being coroner of the said city and county'of Albany,
and also the right of regulating and carrying on the said trade with the
Indians, and also the right of electing the said aldermen, assistants and
chamberlains on the day aforesaid, respectively granted in and by the
said charter of incorporation, shall be, and the same are hereby respect-
ively abolished, abrogated, annulled, and made void, any thing in the said
charter contained, to the contrary thereof in any wise, notwithstanding.
BlectloDof And be it further enacted by the authority aforesaid^ That the election
offlcere to ^^ ^^^ ^^^^ aldermen, assistants and chamberlain, to be elected in piir-
be held on suance of, and in virtue of the said charter, shall forever hereafter be
Tuesday of ^^^^ ^n the last Tuesday of September in every year; and that the said
September, aldermen assistant* and chamberlain, shall, instead of taking the oaths
of office pursuant to the directions of the said charter on the fourteenth
day of October in every year forever hereafter, take the said oaths in
the manner prescribed in and by the said charter, on the second Tues-
day of October in every year.
Recorder And be it further enacted by the authority aforesaid. That it shall and
mi^or^ may be lawful, when and as often as the mayor of the said city for the
case of time being, shall be sick, die, or be absent from the said city, for the
absence, recorder of the said city to convene a common council for the said city,
and to hold the same in like manner, and with the same number of
aldermen and assistants, as the mayor of the said city in and by the said
charter is authorised and empowered to convene and hold the same.
Three ^^ ^^ ^^ further enacted by the authority aforesaid^ That in case of
toehold*"* *^^ sickness, death or absence of the mayor and recorder, it shall and
court of may be lawful to and for any three of the aldermen of the said city, to
pfeaTin" ^^^^ ^'^^ ^^^P ^^^ court of common pleas established in and by the said
absence of charter, in like manner, as if the said mayor, or recorder were present,
reoorde?* and together with two aldermen, held and kept the same.
One coro- And it be further enacted by the authority aforesaid. That one of the
appoint coroners to be appointed in and for the county of Albany, shall forever
grthedty hereafter be a citizen of the said city, and that such coroner, so being a
"^' citizen of the said city, shall be the sole coroner in and for the said city.
Chap. 65.] TENTH SESSION. 485
Provided always^ that nothing in this act contained, shall be construed
to alter, change or abolish the right granted in and by the said charter,
to the mayor of the said city, to grant licenses to tavern-keepers, and
others, who sell liquors in the said city, in the manner directed and
<ieclared in and by the said charter ; or to affect, alter abridge or extend
any right or privilege, granted in and by the said charter, other than
those in and by this act particularly mentioned, as altered, abrogated or
abolished.
CHAP. 64.
AN ACT for the relief of persons, who w^ere in exile during the
late war in respect to the payment of certain arrears of taxes.
Passed the 22nd of March. 1787.
Whereas it has been represented to the legislature by the humble Preamble,
petition of William Van Deursen, Joseph Hall and several other persons
who were inhabitants of the city of New York previous to the evacuation
thereof by the army of the United States ; that they are charged with
certain arrears of taxes, assessed against them during the time of their
€xile, and while they were resident in the city of Albany, and before
their return with their families to the said city of New York; and whereas
the time limited by the act entitled "An act for the more effectual col-
lection of the arrears of taxes'* passed the 31st of March 1786, for the
payment of such arrears in certificates, had expired before the said per-
son were required to pay the same; and whereas suits have been com-
menced against the said persons for the payment of the said arrears in
gold or silver coin, and it is deemed reasonable, that the said persons
should be relieved in the premises. Therefore
^e it enacted by the People of the State of Ne^v York represented in Arrears of
Senate arid Assembly^ and it is hereby enacted by the authority of the same^ ofwJymeDt
That it shall and may be lawful for all such persons respectively, to pay in certtii-
such sums as shall be found due and owing by them for any such arrears tenSdf"
in the certificates made receivable by the said act, and it is hereby made
the duty of the collectors, the county treasurers, and the treasurer of
this State, to receive the same in like manner, as they might have done
had such payments been made before the first day of November last
any thing in the said act to the contrary hereof in any wise notwith-
standing provided that each of the said persons shall pay the costs of
prosecution in any suit or suits that have been or may hereafter be
commenced against them for or on account of the said arrears respect-
ively.
CHAP. 65.
AN ACT for the speedy trial and punishment of such persons
as shall commit any offences, under the degree of grand
larceny.
Passed the 24th of March, 1787.
Be it enacted by the People of the State of New York, represented in Petty lar-
Senate and Assembly, and it is hereby enacted by the authority of the same, SSScl Jim^
That every person who shall after the passing of this act, be guilty ed to be.
486
LAWS OF NEW YORK.
[Chap. 65.
False pre-
tences,
obtaining
goods by.
Trial and
punish-
ment of
offenders
In New
York city.
of the felonious or fraudulent taking ^nd carrying away, of the meer
personal goods, of another, of the value of five pounds lawful money of
this State, or under (except in such cases where the offence is or shall
be by law punishable with death) shall be deemed and adjudged to be
guilty of petty larceny only, and being thereof duly convicted, by ver-
dict, or confession or indictment, in the supreme court, court of oyer
and terminer or gaol delivery, or court of general sessions of the peace
of the city or county in which such offence shall have been committed,
shall suffer such corporal punishment, not extending to life or limb, as
the some court in which such conviction shall take place, in their dis-
cretion, shall think proper to award. And if such corporal punishment
shall be by whipping, it shall not exceed thirty nine lashes, in one day.
And whereas evil disposed persons do frequently go to shops, stores and
other places within this State, and purchase or take up monies, goods
or merchandize of various kinds, in the name of other persons, without
their knowledge or consent ; for prevention and punishment whereof.
Be it further enacted by the authority aforesaid^ That if any person or
persons shall, from and after the passing of this act, knowingly and design-
edly, by false pretence or pretences, obtain from any other person or
persons, any monies, goods, or merchandize, or other effects whatsoever,
with intent to cheat or defraud such person or persons, of the same, he,
she or they, shall be deemed guilty of an offence against the people of
this State ; and being thereof duly convicted in manner aforesaid, in any
of the courts aforesaid, shall suffer such punishment, as in cases of petty
larceny by this act is directed to be inflicted.
And whereas not only several disorderly persons inhabitanting in the
city and county of New York but many other vagrant and idle persons,
passing the same, from the neighboring counties and States, or elsewhere,
have often committed divers misdemeanors, breaches of the peace, and
other criminal offences aforesaid, under the degree of grand larceny,
and not being able to procure bail, to appear at the general sessions of
the peace, then next to be held in and for the said city and county, and
having no substance of their own, have been a great expence to the
inhabitants thereof, in maintaining them in the mean while in goal; for
remedy whereof.
Be it further enacted by the authority aforesaid, That every person who
shall, after the passing of this act, commit of any of the offences, in this
act above mentioned and described, within the said city and county of
New York, and who being apprehended and brought before the mayor,
recorder or any one of the aldermen, of the said city, and charged on
oath with having committed any of the offences aforesaid, shall not
forthwith give good and sufficient bail, for his or her appearance at the
then next general sessions of the peace, to be held in and for the said
city and county of New York, then and there to answer the offence or
offences, which he or she shall be charged with, such person so charged,
shall be committed to the common goal of the said city and county.
And in case any person shall be so committed, and being kept in the
said goal, for the space of forty eight hours from and after such commit-
ment, shall not give good and sufficient bail, for his or her appearance,
at the then next general sessions of the peace, to be held in and for the
said city and county of New York, then and there to answer for the
offence or offences, wherewith he or she shall be charged; then and in
every such case, it shall and may be lawful to and for the mayor, recorder
and aldermen of the said city, for the time being, or any three of them,
of whom the mayor or recorder to be one, forthwith to hear and deter-
mine the offence or offiences committed by such offender as aforesaid :
Chap. 65.] TENTH SESSION. ' 487
And the said offender being convicted by confession, or the oath, of
one or more credible witness or witnesses, the said mayor, recorder and
aldermen, or the major part of such of them as do appear in such court,
are hereby further authorised and impowered to give judgment against
the said offender, so convicted as aforesaid, to have and receive such
corporal punishment, (not extending to life or limb, nor exceeding
thirty nine lashes in one day, as aforesaid) as tliey in their discretion
shall think proper ; and to be confined in the house of employment or
bridewell of the said city, to be kept at hard labour therein, or at any
work or employment, within any part of the said city and county, for
any longer or shorter period, according to the nature of the offence, or
either of the said punishments, as in the judgment of the said court the
nature of the offence, and caracter of the offender, shall render proper.
But that no person shall be confined in manner aforesaid by virtue of
this act, for any term longer than six months. And after the said
ofTender shall have received his or her punishment, being an inhabitant
of the said city and county, shall be immediately discharged without
paying any fees ; but not being such an inhabitant, he or she shall
immediately be ordered or transported out of the said city and county,
to his or her last place of settlement or abode, if known. And if any
person or persons having been so ordered or transported out of the said
city and county as aforesaid, shall remain in the same for the space of
forty eight hours, or return thereto within six calendar months after such
order or transportation, such person or persons, so remaining, or return-
ing, shall be forthwith apprehended and again receive such corporal
punishment (not extending to life or limb, nor exceeding thirty nine
lashes in one day as aforesaid) or be confined in bridewell, for so long
a time, not exceeding three months, as the said mayor, recorder and
aldermen, or any three of them as aforesaid, in their discretion, shall
order and direct.
And be it further enacted by the authority aforesaid. That in order to Mayor to
carry the sentences or judgments of such respective courts, or the mayor [^"^t^"^
or recorder and aldermen into immediate and effectual execution, it shall sheriff to
and may be lawful for the mayor or recorder, presiding at such court, tenSinto
by warrant or order under his hand and seal directed to the sheriff of «ffoot.
said city and county, to command the same sheriff, and the same sheriff
is hereby directed and required, to cause the sentences or judgments of
such respective courts, of the mayor or recorder, and aldermen, to be
carried into effectual execution, at the time and in* the manner in the
respective warrants or orders to be specified, according to the true
intent thereof: And the deputy sheriffs, constables and marshals, and
every of them, are by this act commanded and required, from time to
time, to aid and assist such sheriff or deputy sheriffs, in the execu-
tion of such respective warrants or orders.
And be it further enacted by the authority aforesaid. That the charges Costs of
of prosecuting and punishing every such offender as aforesaid, in the S^to"be
manner above mentioned, shall be raised levied and paid, in the same city change
manner, and at the same time, that money is raised in the said city and
county, for the maintenance of the poor, and the other contingent
expences, arising in the said city and county; so as the whole charge for
prosecuting and punishing each such offender, shall not exceed the sum
of twenty shillings.
And be it further enacted by the authority aforesaid. That if any person, Prooeed-
who shall be charged with an offence by this act, intended to be pun- {jJSfi^*^®^
ished, and being apprehended for the same, shall within the time allowed given,
by this act for that purpose, give good and sufficient bail for his or her
488 LAWS OF NEW YORK. [Chap. 65.
appearance at the then next general sessions of the peace, to be held in
and for the said city and county, then and there to answer the offence
or offences, he or she shall be chafged with, then and in such case the
said sessions, shall take cognizance of the same; and on such offender
being indicted and convicted, shall give such judgment, as the said .
mayor, recorder and, alderman might have given ; in case the said
offender had been tried and convicted by them, as before mentioned:
Which said judgment the said court shall cause to be put in execution,
by order under the hand of the clerk of the same court, in like manner,
as the judgment of the mayor recorder and aldermen is directed to be
executed. And after the offender shall have received his or her punish-
ment, he or she shall be immediately discharged as aforesaid.
Trial and And he it further enacted by the authority aforesaid^ That if any person,
men^t of shall, after the passing of this act, cpmmit any of the offences in this act
offeudere above mentioned and described, within any of the counties of this State,
New York and be apprehended and brought before any justice of the peace of the
^'^y* said county, and charged on oath, with having perpetrated any of the
offences aforesaid, and thereupon committed for the same, to the com-
mon gaol of the county, or to the custody of the constable of the town
or place where such offender shall be taken, and be kept in the said
gaol, or in the custody of such constable as aforesaid, the full space of
forty eight hours, from and after such commitment, shall not give good
and sufficient bail for his or her appearance, at the then next general
sessions of the peace, to be held in and for the county where such
offender shall be in custody, then and there to answer the offence or
offences, wherewith he or she shall be charged as aforesaid; then and in
such case, it shall and may be lawful to and for the justices of the peace,
who committed such offender, to certify the cause of such commitment
to two other justices of the peace in the said county, and require them
by virtue of this act, to associate themselves with" him, which they are
hereby required to do. And the said justices being met, are hereby
authorized and empowered forthwith to hear and determine the offence
or offences, committed by such offender. And the said offender being
convicted, by confession, or by oath of one or more credible witness or
witnesses, the said justices, or any two of them agreeing, are hereby
further authorized and impowered, to give judgment against the said
offender, so convicted as aforesaid, to have and receive such corporal
punishment, (not extending to life or limb nor exceeding thirty nine
lashes in one day 'as aforesaid) as they in their discretion shall think
proper; and by their warrant directed to the constable of the town or
place, where such justices shall hear and determine the said offence or
offences, (who is hereby directed and required to execute the same) shall
cause their said judgment to be put in execution: And after such
offender shall have received his or her punishment, being an inhabitant
of such county, shall be immediately discharged, without paying any fees,
but not being such an inhabitant he or she shall be ordered, or trans-
ported by warrant from the said justices, to the place of his or her last
settlement or abode, if known ; which warrant, the said justices are
hereby impowered and directed to issue. And further^ that nothing in
this act contained, shall be construed to prevent the justices from trying
any such offender, in less fhan forty eight hours, if he or she shall require
the same. And further that it any person having been so ordered or
transported out of such county, shall remain in the same county for the
space of forty eight hours, or return thereto within six calendar months,
after such order or transportation, such person so remaining or return-
ing, shall be forthwith apprehended, and again receive such corporal
Chap. 66.] TENTH SESSION. 489
punishment (not extending to life or limb, nor exceeding thirty nine
lashes in one day as aforesaid) as three justices of the peace in the same
<:ounty assembled for that purpose, or any two of them, shall in their
discretion think proper ; and so from time to time, as often as such per-
son or persons shall so remain or return.
And be it further enacted by the authority aforesaid^ That the charges Costs of
of prosecuting, punishing and transporting every such offender, shall be Jio^I^^be
defrayed by the respective counties, where the same offence shall hap- a county
pen, and shall be raised levied and paid, in the same manner, and at the °*^*^®-
same time, that money is raised for the payment of the other contingent
charges of such respective counties, so as the whole charges for each
such offender, shall not exceed the sum of forty shillings.
And be it further enacted by the authority aforesaid^ That the justices, court may
or court before whom any person, shall be convicted of any of the i^l^jSueu
offences aforesaid, shall be, and hereby are impower^, if they think it of corporal
proper, in lieu of corporal punishment, to impose a fine on such offender, JJ^entf
not exceeding the sum of ten pounds ; which fine or so much thereof,
as shall be sufficient, shall be applied towards the payment of the charges
of the prosecution, and the remainder, if any be, shall be paid to the
treasurer of the county, where the same shall be imposed, for the use of
the same county; any thing in this act contained, to the contrary not-
withstanding.
Provided always, and be it further enacted by the authority aforesaid. Act not to
That the person or persons, from whom any monies, goods, merchan- Jiift^'y "y"
dize or effects, shall have been taken, or fraudulently obtained, contrary civil action
to the true intent and meaning of this act, shall have such remedy by
suit at law therefore, as he, she or they, might have had, if this act had
never been made, any thing herein contained to the contrary in any wise
notwithstanding.
CHAP. 66.
AN ACT for the more effectual punishment of persons, who
shall be guilty of the trespasses therein mentioned, in the
cities of New York, Albany and Hudson, and the township of
Schenectady.
Passed the 24th of March, 1787.
Whereas evil minded persons, have often broken,' taken down or Preamble,
carried away, the glass lamps hung out or fixed up, before the dwelling
houses of many of the inhabitants, and in the streets of the city of New
York, to illuminate the streets aforesaid in the night time, or have
extinguished the lights therein; and have also been guilty of breaking
glass windows, porches and knockers of doors in the said city, and in the
cities of Albany and Hudson, and township of Schenectady, and of com-
mitting other trespasses and enormities, injurious to the property of the
inhabitants, and to the disturbance of the peace, in the said respective
cities and township; for prevention whereof in &iture;
Be it enacted by the People of the State of New York, represented in Malicious
Senate and Assembly, and it is hereby enacted by the authority of the same, ponSl^ior
That if any person, shall, after the passing of this act, wilfully break,
take down, or carry away, any glass lamp, already hung or fixed, or
hereafter to be so hung or fixed as aforesaid, in any of the streets of the
said cities or township, or extinguish the lights therein, or be aiding or
Vol. 2. — 62
490
LAWS OF NEW YORK,
[Chap. 66»
Offender
to be im-
firisoned
f forfeit-
ure not
paid.
Arrest of
offenders.
abetting in the same, or shall wilfully break or deface any glass window^
porch, knocker or other fixture, in any of the said cities or township,
and shall thereof be convicted before the mayor, recorder or any one of
the aldermen of the said cities respectively, or before any justice of the
peace residing in the township aforesaid, either by the confession of the
party, or by the oath of one or more credible witness or witnesses, he or
she, shall, for every such offence, forfeit a sum not exceeding ten pounds
lawful money of this State, to be recovered with costs, and levied by
distress and sale of the goods and chattels of every such offender, by
warrant under the hand and seal of such mayor, recorder, alderman or
justice, before whom such offender shall be convicted ; one moiety of
which forfeiture when recovered, to be paid to the treasurer or cham-
berlain, of the said cities respectively, for the time being, to be applied
for the purposes of providing new lamps, in the room of such, as shall
be so taken out qr carried away, and for repairing such of them, as shall
be broken or injured as aforesaid, and for the support and maintenance
of the poor of such respective cities or township, where such offences
shall be committed ; and the other moiety of such forfeiture, to be paid
to the person or persons, who shall prosecute for the same to effect.
And be it further enacted by the authority aforesaid, That upon refusal
of payment of such respective forfeiture or forfeitures, and want of
sufficient distress, whereon the same can be levied, it shall and may be
lawful, for such mayor, recorder, alderman or justice of the peace, before
whom such conviction or convictions shall take place, by warrant under
his hand and seal, to commit every such offender, if convicted in the
city of New York, to the bridewell or house of employment of the said
city; if convicted in the cities of Albany or Hudson, to the common
gaol of the same cities respectively; and if convicted in the township of
Schenectady aforesaid, to the common gaol of the city and county of
Albany ; there to remain without bail or mainprise, for the space of two
months, or until such forfeiture and costs are paid. And if any such
offence shall be committed, by any apprentice, servant or slave, such
forfeiture shall be paid, by his or her master, mistress or owner, or in
default thereof, such apprentice servant or slave, shall be committed, to
such bridewell or gaol, in manner aforesaid.
And whereas the mischiefs aforesaid, are generally committed in the
night time, when the offenders cannot be easily known ; in order there-
fore to carry this act into effect.
Be it further enacted by the authority aforesaid. That it shall and may
be lawful, to and for any sheriff, deputy sheriff, constable marshal or
watchman, of the said cities and township aforesaid, who shall see any
person commit any of the mischiefs or trespasses, in either of the cities
or the township aforesaid, if such person or persons shall be unknown
to such sheriff, deputy sheriff, constable, marshal or watchman, to seize,
secure and detain such offender, so unknown to him as aforesaid, until
he can discover the name of such offender; or until the next morning,
if the offence shall be committed in the night time, and the offender
shall refuse to discover his or her name ; when such offender shall be
brought before the mayor, recorder or one of the aldetmen of the said
cities respectively, or justice of the peace residing in the township afore-
said, who, on conviction of such offender, shall proceed against him or
her, in the manner herein before directed. And further y in case any
person shall commit, any or either of the offences aforesaid, in the
presence of any such sheriff, deputy sheriff, constable, marshal or
watchman, that then, every such sheriff, deputy sheriff, constable, mar-
shal or watchman, shall, forthwith give information thereof, to such
Chap. 67.] TENTH SESSION. 491
mayor, recorder, alderman or justice of the peace, in order that such
offender may be convicted thereof, and punished in manner and form,
as by this act is directed.
And be it further enacted by the authority aforesaid^ That this act or Act not to
any thing herein contained, shall not bar, or preclude any person or Jjct^ion^jor
persons, from recovering his, her or their damages, against any other damages,
person or persons, who shall be guilty of any of the mischiefs or tres-
passes aforesaid, but that the same may be recovered in the same man-
ner, as if this act had never been passed.
And be it further enacted by the authority aforesaid^ That every per- Persons
son, who shall or may be present when any of the mischiefs or trespases SS^^i^
in this act mentioned, shall be committed, shall be deemed to be sion of
guilty thereof, and be subject to the penalties inflicted by this act, deemed
although he, or she, shall not be aiding, abetting or assisting therein ; Parties,
unless such person, shall give evidence, whereby to convict the person
or persons really guilty thereof ; or unless he or she, shall declare upon
oath, that he or she came there accidentally, and that he or she doth
not know, who the offender or offenders is, or are.
And for the more easy discovery and detection .of such offenders ; Reward
Be it further enacted by the authority aforesaid^ That if two or more ering^of-^*
persons, shall have been jointly concerned in committing any of the fenders,
offences aforesaid, and one or more of them, (not being before informed
against), shall within the space of one month after the offence com-
mitted, inform against any, or all the other or others, concerned in the
same offence, so as to convict him, her or them, the person so inform-
ing, shall not be liable to the payment of the forfeiture herein before
mentioned, but shall notwithstanding his, or her offence, be entitled to
the reward herein before allowed to informers ; any thing herein before
contained, to the contrary thereof, in any wise notwithstanding.
CHAP. 67.
AN ACT giving further powers to the assignees of insolvent
debtors.
Passed the 24th of March, 1787.
Whereas in and by the act entitled " An act for the relief of insol- Preamble,
vent debtors,'' passed the 17th of April 1784 "and in and by an act to
amend the said act" passed the 24th of November 1784, no provision
was made, nor is any made in and by the act entitled " An act for the
relief of insolvent debtors" passed the 13th of April 1786," for applying
any surplus effects or monies arising out of the estate of any insolvent
debtor who may have taken the benefit of either of the acts above-
mentioned, or hereafter shall take the benefit of the last mentioned act,
which shall or may remain in the hands of the assignees of any insol-
vent debtor after paying the full amount of the debts exhibited against
such insolvent debtor and the costs and charges attending the settle-
ment of such estate agreable to the direction of the law in such cases
made and provided. Therefore
Be it enacted by the People of the State of New York^ represented in Balance of
Senate and Assembly , and it is hereby enacted by the authority of the same, debtors*
That in all cases where any insolvent debtor has been, or hereafter shall estateafter
be discharged in pursuance of any of the acts abovementioned, and the *° ^'^
492 LAWS OF NEW YORK. [Chap. 68.
of debts, assignees of the estate of any such insolvent debtor, after paying the
returD6d?^ full amount of the debts exhibited to them against such insolvent
debtor, and the costs and charges in settling such estate, agreable to
the act by which they were appointed assignees, shall have any effects
or money, remaining in their hands, part of, or arising out of the estate
of such insolvent debtor, it shall and may be lawful for such assignees,
to deliver such effects, and pay such money so remaining in their hands,
to such insolvent debtor, of whose estate they were assignees, or to his
or her legal representatives. Proinded ahvays that in respect to such
debtors who have been discharged in virtue of the said two first men-
tioned acts, no creditor shall be entitled to a dividend, who shall not
have exhibited his or her demand to the assignee or assignees, prior to
the twentieth day of September next, and in respect to such debtors as
have been, or shall be discharged by virtue of the said last mentioned
act, such creditors only as shall have exhibited their respective demands
to the assignee or assignees of such debtors, within one year from the
time of the assignment of their respective estates shall be entitled to a
dividend : Prmnded nti^ertheless that no creditor shall be precluded from
such dividend who shall exhibit his or her claim within six months from
the passing of this act.
CHAP. 68.
AN ACT te enable the mayor recorder and aldermen of the city
of New York, to order the raising monies by tax for the main-
tenance of the poor, and for defraying the other contingent
expences arising in the same city and county, and for other
purposes.
Passed the 26th of March, 1787.
Tax levy Be it enacted by the People of the State of Netv York, represented in
Yo?k^lty •SfWiz/^ and Assembly^ and it is hereby enacted by the authority of the same^
for orim- That the mayor recorder and aldermen of the city of New York, or the
penmand major part of them, (of whom the mayor or recorder always to be one),
ek>jSm ^"' ^^ be, and hereby are fully authorised and empowered as soon as
conveniently may be, after the passing of this act, to order the raising
the sum of six thousand pounds, by a tax on the estates real and per-
sonal, of all and every the freeholders and inhabitants within the city
and county of New- York, to be applied to the support and mainte-
nance of the poor of the said city and county, the bridewell, and crim-
inals from time to time confined in the prison of the said city and
county, and to the repairing and maintaining the public roads, and
cleaning and improving the streets within the said city and county :
Por watch- And also a further sum of four thousand pounds, by a tax on the estates
"®°* real and personal, of all and every the freeholders and inhabitants
within the said city, on the south side of a line, beginning at the outlet
of the swamp of Leonard Lispenard Esquire, into Hudsons river;
thence to and along the north side of the dwelling house of Nicholas
Bayard Esquire, thence to and along the north side of the dwelling
house of Morgan Lewis Esquire, and thence to and along the north side
of the dwelling house of Abraham Cannon, to the east river, to be
applied to the payment of so many watchmen, as the mayor aldermen
and commonalty of the said city, in common council convened, shall
think necessary for guarding the said city ; and also to the purchasing
Chap. 68.] TENTH SESSION. 493
of oil, providing lamps, and repairing and attending the lamps which
now are, or hereafter may be erected within the said city; which said
several sums above mentioned, shall be rated and assessed according to
the estate of each respective person, so to be taxed, and collected in
one payment, and paid into the hands of the treasurer or chamberlain
of the said city, at such time as the said mayor, recorder and aldermen,
or the major part of them, shall direct and appoint.
And be it further enacted by the authority aforesaid^ That it shall and Fees of
may be lawful for the treasurer or chamberlain of the same city, to £aS™'*®'^
retain in his own hands, the sum of two pence in the pound, and no
more, for his trouble in receiving and paying out the monies, by this act
directed to be raised.
And for the more effectual recovery of the arrears of taxes hereto-
fore directed to be raised for the maintenance of the poor, and the
other contingent expences arising in the said city;
Be it further enacted by the authority aforesaid^ That in all cases Collectors,
where the collector or constable of any ward in the said city, shall p^ued^to'
have received any taxes, and not paid the same to the treasurer or account
chamberlain of the said city, it shall be lawful for the treasurer or by them
chamberlain of the said city, for the time being, to commence and ®*>*^®cted,
prosecute a suit for the recovery thereof, in his own name, as treasurer
or chamberlain of the said city, against such collector or constable,
his executors or administrators, in an action on the case, for monies had
and received for the use of the said city and county of New York ; in
which suit it shall be sufficient to set forth in the declaration, that the
collector or constable is, or in his life time was, indebted to the said
treasurer, or chamberlain of the said city, in a certain sum, for so much
money by him as collector of such ward, before that time had and
received, for the the use of the said city and county ; and being so
thereof indebted, promised to pay the same, when required, to the same
treasurer or chamberlain, without setting forth the special matter ; and
that no such suit shall be abated or discontinued by the death, resigna-
tion or removal from office, of any such treasurer or chamberlain ; but
the same shall or may be prosecuted to effect, by his successor in office.
ATid be it further enacted by the authority aforesaid^ That it shall and Arrears of I
may be lawful, for the mayor, recorder and aldermen of the said city, clSlJ^iSn
or the major part of them, of whom the mayor or recorder always to be of.
one, to meet together at such times and places, within the said city, as
they may think proper ; and to examine what sums of money remain
unpaid of the several taxes aforesaid, in the said city and county of
New York, laid or assessed since the twenty fifth day of November in
the year of our Lord one thousand seven hundred and eighty three :
ajid where they find any sum or sums of money uncollected, of any
such tax, and the persons or estates charged with the same, are suffic-
ient to pay the same, they shall issue their warrant to the collectors, for
the time being, of the same respective wards, where such sums remain
unpaid, for the collection thereof; and the respective collectors shall
levy and collect all such sums ; and shall pay the same to the treasurer
or chamberlain of the said city, at such time as the said mayor, recorder
and aldermen, in their said warrant shall direct. And if any collector
shall neglect his duty herein, he shall be chargeable with the monies so
directed to be levied and collected, to be recovered by the treasurer or
chamberlain of the said city and county of New York, for the time
being, with costs of suit, in manner aforesaid. And further^ that where
the said mayor, recorder and aldermen, shall find that the deficiency, of
any of the said taxes, in any wards, shall have happened by the insol-
494 LAWS OF NEW YORK. [Chap. 69.
vency, or the want of goods and chattels whereon to levy the said tax,
of any person or persons in such ward, on whom the same was assessed,
they shall add such deficiency to the next tax of the like nature, to be
levied upon the same ward.
Arrear^of ^;i^ be it further enacted by the authority afore saidy That all and
apptSed ^^ every sum and sums of money to be raised by virtue of the three last
lec^^^' mentioned clauses of this act, shall be applied to the purposes in the
several acts by virtue of which such respective taxes were directed to
be raised, and from time to time as the mayor, aldermen and common-
alty of the said city, in common council convened, by warrant to be
signed by the mayor or recorder presiding at such common council,
shall direct and appoint.
CHAP. 69.
AN ACT directing a mode of trial, and allowing of divorces in
cases of adultery.
Passed the 30th of March, 1787.
Whereas the laws at present in being within this State respecting
adultery are very defective, and applications have in consequence been
made to the legislature praying their interposition ; and whereas it is
thought more adviseable for the legislature to make some general pro-
vision in such cases, than to afford relief to individuals upon their par-
tial representations, without a just and constitutional trial of the facts.
Be it therefore enacted by the People of the State of New Yorky repre-
sented in Senate and Assembly y and it is hereby enacted by the authority of
the sanUy That it shall and may be lawful, in all cases of adultery that
have already been committed, or may hereafter be committed, where
the parties are inhabitants of this State, for the party injured to exhibit
or present a petition or bill to the chancellor of this State for the time
being, in chancery, setting forth the adultery of which he, or she com-
plains, whereupon a subpoena, and other process shall issue, as in other
causes in the said court, until the party complained of shall appear and
answer the allegations of the said bill or petition, which answer shall
be received without oath ; and if the party complained of, shall, by his
or her answer, deny the fact or facts of adultery stated in the said bill
or petition, the chancellor shall and may thereupon direct such proper
issue or issues, as to him shall seem expedient for trial of the fact or
facts of adultery stated in the said bill or petition, which issue or issues
shall be tried either by a special or common jury, before the judges of
the supreme court, or some or one of them, at the bar of the. said court,
or at any circuit court within this State, as the chancellor for the time
being, shall direct. But if the said party complained of, shall not in
his, or her said answer deny the allegations of the said bill or petition,
or if such proceedings shall be had in the same court of chancery that
the said bill or petition, ought, according to the course of that court, to
be taken pro confesso, then and in either of the said cases, the chan-
cellor shall nevertheless direct proof to be made before one of the mas-
ters of the said court of the facts stated in the said bill or petition, who
shall report the same proofs, and his opinion thereon, to the chancellor,
at such time, as shall be, by the said court of chancery, for that purpose
appointed.
Chap. 70.] TENTH SESSION. 495
And be it further enacted by the authority aforesaid^ That if, by the Decree of
verdict of a jury, upon trial of such issue or issues as aforesaid, it shall J^heS^Sj
appear or be found that the said party complained against was guilty issue,
of adultery, or if sufficient proof has been thereof had in the manner
herein before prescribed, where the fact or facts stated in such bill or
petition as aforesaid have been confessed by the answer of the party
complained against, or ought according to the course of the said court
of chancery, to be taken pro confesso, then and in any such case the
chancellor shall and may proceed by sentence or decree in the same
court, to 'pronounce the marriage between the said parties to be dis-
solved, and both of them freed from the obligations of the same. Pro- Proviso, as
vided^ that such dissolution of such marriage, shall in no wise affect the ^ obiidren
legitemacy of the children thereof : And the chancellor shall and may
thereupon take such order touching the care and maintenance of the
children, (if any there be) of that marriage, and also touching the main-
tenance ^of the wife, or any allowance to be made to her, and the secu-
rity to be given for the same, as from the circumstances of the parties,
and the nature of the case, may be proper and sufficient.
And be it further enacted by the authority aforesaid^ That after the Effect of
dissolution of any marriage has been pronounced by virtue of this act, t^^Ster"
it shall not be lawful for the party convicted of adultery to remarry any manriiie
person whatsoever, and that every such remarriage shall be null and ^ ^*^ ***
void, but that the other party may make and complete another mar-
riage, in like manner as if the party convicted was actually dead, any
law, usage or custom, to the contrary thereof, in any wise notwith-
standing.
CHAP. 70.
AN ACT for collecting the arrears of taxes in New Town in
Queens county, and for discharging the late collector from
imprisonment.
Passed the 4th of April, 17S7.
Whereas John Gosline, late collector of New Town in Queens county, Preamble,
is now confined in the gaol of the said county, for neglect of his duty as
collector of the said town. And whereas a considerable part of the
taxes on the said town remains to be collected. Therefore,
Be it enacted by the People of the State of New York^ represented in John G^
Senate and Assembly ^ and it is hereby enacted by the authority of the same, released
That the said John Gosline shall deliver to the treasurer of the said 'r^^on™'
county, all the tax lists in his hands, possession or power, with account ment° coi-
upon oath, of the monies remaining to be collected thereon. And the arretuSof '
said treasurer is hereby authorized and required, thereupon to discharge taxes,
the said John Gosline from his imprisonment, and to issue a warrant to
the collector of the said town for the time being, commanding him to
levy and collect the monies remaining to be collected on the said tax
lists; and the said collector shall thereupon levy and collect all the said
taxes, so remaining to be collected, in the same manner as the said John
Gosline mi^ht, or ought to have done; and shall pay the same, after
deducting sixpence in the pound for collecting, to the treasurer of the
said county, on or before the first day of June next, to be by him applied
according to law.
496
LAWS OF NEW YORK.
[Chap. 72*
Part of act
specified
repealed.
CHAP. 71.
AN ACT to repeal part of an act, entitled "An act for granting
a more effectual relief, in cases of certain trespasses.
Passed the 4th of April, 1787.
Be it enacted by the People of the State of Ntiu York^ represented in
Senate and Assembly^ and it is hereby enacted by the authority of the same^
That so much of the act aforesaid, as is contained in the words follow-
ing, to wit, "And if any such action shall be brought in any inferior
court within this State, the same shall be finally determined in such
court; and every such action shall be considered as a transitory action.
That no defendant or defendants shall be admitted to plead in justifica-
tion, any military order or command whatever, of the enemy, for such
occupancy, injury, destruction, purchase or receipt, nor to give the same
in evidence, on the general issue/' be, and the same is hereby repealed.
CHAP. 72.
Preamble.
Costs in
supreme
court
where
plaintiff
recovers
less than
£20.
Id., above
i;:iO
AN ACT for preventing suits being brought in the supreme
court, for any debt or sum not exceeding one hundred pounds.
Passed the 5th of April, 1787.
Whereas there now are and long have been, courts of record in each
of the respective cities and counties of this State, where such, as have
occasion to sue for debts or wrongs, may, with small expence, receive
justice according to the merits of their causes: And whereas the pros-
ecution of suits in the supreme court of this State, is necessarily attended
with great charge and trouble, as well as loss of time to the suitors, who,
in many instances, live at places remote from the said court:
Therefore, be it enacted by the People of the State of New York, repre-
sented in Senate and Assembly^ and it is hereby enacted by the authority of
the same. That if in any personal action or suit, already commenced and
now depending, or hereafter to be commenced and prosecuted in the
said supreme court, the plaintiff shall not recover above the sum of
twenty pounds, besides costs, then, and in every such case, the plaintiff
shall not be entitled to or recover any costs of suit ; but shall pay costs
to the defendant thereupon, to be taxed; and the defendant shall, in
such case, have judgment and execution for such costs, in the same
manner, as if a verdict had been given for such defendant. And further y
that if in any personal action or suit already commenced, and now
depending, or hereafter to be commenced and prosecuted in the said
supreme court, the plaintiff or plaintiffs shall recover a judgment, in such
suit or action, in his, her or their favor, for a debt or sum, which, exclu-
sive of costs, shall be upwards of twenty pounds, and not exceed one
hundred pounds, then and in every such case, the plaintiff or plaintiffs
shall be entitled to and recover no more or other costs, than he, she or
they would have been entitled to, if such suit or action had been com-
menced and determined in any mayors court, or court of common pleas
in this State. Provided always, that such costs shall not exceed the sum
Chap. 72.J TENTH SESSION. 497
of ten pounds; and provided ahOy\\\2X in all cases where any suit or Proviso, ^
action commenced in either of the mayors courts, or courts of common removldf to
pleas, hath been, or shall be removed into the supreme court, by, or at ®"pJJ?®
the instance of the defendant, if the plaintiff shall obtain a judgment Sefendwit.
. therein, for any sum exceeding ten pounds, besides costs, then the plain-
tiff in every such case, shall have and recover costs of suit in the said
supreme court, together with the costs in such mayors court, or court
of common pleas, including all such expences as the same plaintiff shall
have been put to, in the prosecution of such suit.
And be it further enacted by the authority aforesaid^ That no personal Removal of
action or suit now depending, or hereafter to be commenced in any JSpreme*^
mayors court, or court of common pleas in this State, upon any bond or court,
specialty, or for any other matter, cause or thing whatsoever, where the
sum mentioned in the condition of such bond or specialty, with the
interest thereof, or the matter or thing in demand, suit or controversy,
shall not exceed the sum of one hundred pounds current money of this
State, shall be stayed, or removed into the supreme court, by any writ
of habeas corpus, certiorari, or other writ or process whatsoever, other
than writs of error or attaint.
And be it further enacted by the authority aforesaid^ That no writ or m.
writs of habeas corpus, or any other writ or writs, sued forth or to be
sued forth, by any person or persons whomsoever, out of the said ■
supreme court, to remove any action, suit plaint or cause, depend-
ing or to be depending in any mayors court, or court of common pleas
in this State, shall be received or allowed by the judge or judges, officer
or officers of the court, wherein, or to whom any such writ or writs shall
be directed, or offered to be delivered; but that he and they shall and
may proceed in the said cause or causes, as though no such writ or writs
were sued forth, or delivered to him or them, unless the said writ or
writs, be delivered to the judge or judges, officer or officers of the said
court, before any interlocutory or other judgment entered in the said
cause, and before that the jury, which is to try the cause in question,
between the party or parties plaintiffs, and the party or parties that sued
torth the said writ or writs, or for whose benefit the said writ or writs is
or shall be sued forth, have appeared, and one of the said jury sworn to
try the said cause.
And be it further enacted by the authority aforesaid^ That if any action, m.
suit, bill, plaint or cause, which is or shall hereafter be brought, com-
menced or depending in any of the mayors courts, or courts of common
pleas in this State, shall be removed or stayed by any such writ or writs,
or process, to be sued forth or out of the said supreme court, and the
same action, suit, bill, plaint or cause, shall afterwards be remanded or
sent back again, by any writ or writs of procedendo, or other writ what-
soever, that then the said action, suit, bill, plaint or cause, shall never
afterwards be removed or stayed before judgment, by any writ or writs
whatsoever, to be sued forth or out of the said supreme court.
And be it further enacted by the authority aforesaid^ That no writ of id.
habeas corpus or certiorari, or other writ or process whatsoever, shall
be granted or sued forth, or out of the said supreme court, to remove
any action, suit, bill, plaint or cause whatsoever, out of any of the mayors
courts, or courts of common pleas in this State, unless the same writ or
process be signed with the proper hand of one of the justices of the said
/supreme court.
And be it further enacted by the authority aforesaid^ That if any writ id.
or writs whatsoever, shall be granted or sued forth, or out of the said
supreme court, contrary to the true intent and meaning of this act, that
Vol. 2. — 63
498 LAWS OF NEW YORK. [Chap. 73.
then it shall and may be lawful, to and for the judge or judges, officer
or officers, to whom such writ or writs shall be directed or delivered, to
disallow and refuse the same and they are hereby directed and required
to proceed as if no such writ or writs had been granted or sued out
or forth as aforesaid.
Jurisdjo- And be it further enacted by the authority aforesaid, That all trans-
courts'of itory actions and suits, now depending or hereafter to be brought,
common commenced or prosecuted, in any of the mayors courts, or courts of
p eas, e . ^.^jj^j^qj^ pleas in this State, may be heard, tried and determined therein,
although the real cause of action did not arise within the city or county
where such action or suit is or shall be brought, or commenced; and
that the said courts shall not admit or allow of any foreign plea, in any
such case, to quash, bar or stay any such suit or action; but proceed to
hear, try and determine the same, in such manner, as if the cause of
action, had arisen within the jurisdiction of the court, where such suit
or action is or shall be so brought or commenced, any law, usage or
custom, to the contrary notwithstanding. Provided always.
Certain Afid be it further enacted by the authority aforesaid. That this act shall
not to be ^^^ extend to any suit or action, wherein the people of the State of New
affected by York are, or shall be interested; nor to any suit or action, where free-
* *^'* hold, inheritance or title to lands or tenements, shall in any wise come
in question; not to actions of replevin, or of assault and battery, or of
false imprisonment, or of slander; nor to any suit or action to be brought
or commenced by or against the mayor, aldermen and commonalty of
the city of New York, or the mayor, aldermen and commonalty of the
city of Albany, or the mayor, recorder, aldermen and commonalty of
the city of Hudson.
CHAP. 73.
AN ACT to remove doubts respecting judgment bonds given to
the commissioners of forfeitures, and for other purposes therein
mentioned.
Passed the 7th of April, 1787.
Preamble WHEREAS doubts have arisen, whether the said commissioners can
receive in payment in discharge of such bonds, the certificates made
receivable on the sales of such lands, for securing the payment whereof
bonds were taken after the expiration of the term or time expressed in
the bonds, for remedy whereof
Certificates ^^ i^ enacted by the People of the State of New York, represented in
cei ved^ ^S'-f/za/^ and Assembly, and it is hereby enacted by the authority of the same^
on bonds That it shall and may be lawful for the said commissioners, at ahy time
before sale before actual sale on execution on any bond and judgment as aforesaid,
on execu- to receive in discharge of the debt for which such bond shall have been
^ °"* taken, the same species of certificates, or other monies for which the
said lands were sold, in like manner as they might* have received the
same before the expiration of the term or time aforesaid.
Reformed And be it further enacted by the authority aforesaid. That it shall and
DutSf**"^ may be lawful for the commissioners of forfeitures of the western dis-
Church at trict to convey to the trustees of the Reformed Protestant Dutch Church
Salajands at Caghnawaga in the county of Montgomery, by the name in which
granted to. they now are, or shall be incorporated, pursuant to the law of this State
in that case made and provided, lot number forty, containing twenty
acres of land situate in Butlers -bury in the said county of Montgomery*
Chap. 73.] TENTH SESSION. 499
forfeited to the people of this State'by the attainder of John Butler,
instead of the twenty acres of land, directed to be conveyed to the said
trustees by the twenty-fifth section of the act entitled "An act further
to amend an act entitled *'An act for the speedy sale of the confiscated
and forfeited estates within this State, and for other purposes therein
mentioned" passed the ist of May 1786."
And be it further enacted by the authority aforesaid, That the ninth Part of aot
section of the said last before recited act, be, and the same is hereby repealled,
repealed, so far forth only, as that no appointment of any commissioner
of forfeitures, shall hereafter be made, unless such commissioners in
any of the great districts shall be dead, or become incapable of execut-
ing the duties of the office.
And whereas George Fisher late of the city of New York deceased, Preamble,
some time in the month of June last, purchased from the commissioners
of forfeitures for the southern district of this State, several lots of land
in the out-;ward of the city of New York, forfeited to the people of the
State of New York by the attainder of James Delancey Esquire, and
paid to the said commissioners, the sum of seven hundred and fifty three
pounds, part of the consideration of the same, and executed a bond for
the payment of the residue thereof. And whereas a judgment hath been
obtained on the said bond and an execution issued thereon, against the
lands and tenements, goods and chattels of the said George Fisher, who
hath since died intestate, leaving several children all infants. And
whereas it is represented to the legislature that the said George Fisher,
at the time of his making the purchase aforesaid, was not of sound
mind, and his ^idow in behalf of herself and the children of the said
George Fisher hath prayed relief in the premises, therefore
Be it further enacted by the authority aforesaid^ That the commissioner Relief of
of forfeitures for the southern district, shall cause the said lands so pur- g^^JJ^
chased by the said George Fisher to be sold upon, and by virtue of the Fisher,
said judgment and execution; and in case the same lands shall not sell
for the sum agreed to be given for the same by the said George Fisher,
then the said commissioners, shall cause the same to be purchased for
the use of this State, and shall then cause the same lands to be sold at
public vendue for certificates issued or to be issued by the treasurer
of this State, after giving least three months notice of such sale, and
the treasurer of this State is hereby directed to pay to the administrator
of the said George Fisher for the use of his estate, out of any monies
now in the treasury, not otherwise appropriated, the said sum of seven
hundred and fifty three pounds, being the sum so paid by the said
George Fisher.
And be it further enacted by the authority aforesaid^ That it shall and Bills of
may be lawful to and for the treasurer of this State, to redeem all such Semp^ion
of the bills of credit emitted by this State, commonly called bills of the of new
new emission with any monies which now are in his hands, and not
otherwise appropriated. That the said treasurer shall with all conveni-
ent speed, cause an advertisement to be published in one or more of the
newspapers printed in this State, requiring the holders of all such bills,
to bring the same to him for redemption on or before the fifteenth day
of June next, and the interest of all such bills as shall remain in circula-
tion after the day last aforesaid, shall cease from and after the said
fifteenth of June.
And be it further enacted by the authority aforesaid^ That the com- Certain
missioners of forfeitures shall and may sell at vendue the lands appro- {^i* ™a'
priated to the redemption of the said bills in like manner as is herein public
r /• J- ^ J "^ vendue.'
before directed.
500
LAWS OF NEW YORK.
[Chap. 74.
MIleB Sber-
brooke,
»«llef of.
And be it further enacted by t^' authority aforesaid^ That Miles Sher-
brooke late of the city of New York merchant be, and he is hereby per-
mitted to return and remain within this State, unmolested, until the
legislature shall make further or other provision in the premises, any
law to the contrary notwithstanding.
Oolleotors
of taxes to
be prose-
cuted by
county
treasurer
for taxes
Dot paid
over.
Supervis-
ors, pro-
ceediDRs
by to en-
force pay-
ment of
arrears.
CHAP. 74.
AN ACT for the more effectual recovery of the arrears of county-
taxes, and other purposes therein mentioned.
Passed the 7ih of April, 1787.
Be it enacted by the People of the State of New York^ represented in
Senate and Assembly^ and it is hereby enacted by the authority of the same^
That in all cases, where the collector of any town or place, shall have
received any taxes or county rates, and not paid the same to the county
treasurer, it shall be lawful for the treasurer of such county, for the time
being, and he is hereby authorised and required, to commence and
prosecute a suit, for the recovery thereof, with costs, in the name of the
treasurer of such county, against such collector, his executors or admin-
istrators, in an action on the case, for monies received to the use of such
county; in which suits, it shall be sufficient to set forth in the declara-
tion, that the collector is, or in his life time was indebted to the treas-
urer of such county, in a certain sum, for so much money by him, as
collector of such town or place, before that time received, for the use
of such county: And being so thereof indebted, promised to pay the
same, i^hen required, to the treasurer of such county ; without setting
forth the special matter: and no such suit or action shall be abated or
discontinued, by the death, resignation or removal from office, of any
such county treasurer ; but the same shall, or may be prosecuted to
effect, by his successor in office.
And be it further enacted by the authority aforesaid^ That it shall and
may be lawful, for the supervisors of each of the respective counties in
this State, for the time being, or the major part of such supervisors
respectively, to meet together at such times and places, as they may
think proper, in their respective counties ; and to examine what sums
remain unpaid' of the several county taxes, in their respective counties,
laid or assessed, since the first day of November, in the year of our
Lord, one thousand seven hundred and eighty, for the necessary and
contingent charges of such county ; and where they find any sum or
sums of money remain uncollected, on any such tax, and the persons or
estates charged with the same are sufficient to pay the same, they shall
issue their warrant to the collectors of the respective towns and places,
where such sums remain unpaid, for the collection thereof ; and the
respective collectors, shall levy and collect, all such sums, in the same
manner, and under the same penalties, as they are authorised and
required to collect the taxes for the necessary and contingent charges
of such county; and shall pay the same, to the treasurer of the county,
at such time, as the supervisors in their said warrant shall direct And
if any collector shall neglect his duty herein, he shall be chargeable
with the monies so directed to be levied and collected, to be recovered
in the manner aforesaid, by the treasurer of the county for the time
being, with costs of suit. And furthery that where the said supervisors
Chap. 75.] TENTH SESSION. 501
shall find, that any deficiency of any of the said taxes has happened in
any town or place, by the insolvency, or the want of goods and chattels,
whereon to levy the said tax, of any person or persons in such town or
place, or by the insolvency of the collector, they shall add such defi-
ciency, to the next tax of the like nature, to be laid upon the same town
or place.
And be it further enacted by the authority aforesaid. That all and every Appiica-
sum and sums of money, to be raised or recovered by virtue of this act, a^ij^
shall be applied in each county, as the supervisors of such county, for J^J^*^^"
the time being, or the major part of them, shall direct.
And whereas it hath been represented, that several collectors of the
public taxes, to be raised by virtue of the act for raising monies by tax,"
passed the twenty ninth day April last are prosecuted by county treas-
urers, for neglecting to pay the taxes by them collected, as by law is
directed; and whereas it appears to this legislature, that some of the col-
lectors have become delinquent, because sufficient time did not inter-
vene, wherein to collect the taxes, between the delivery of the tax list,
and the day appointed for paying into the county treasury : therefore
Be it enacted by the authority aforesaid. That it shall and may be Certain
lawful for such county treasurers, who shall have commenced any such S!S1!?*'"^
suit or suits, against any such collector or collectors, to stay such suit or *«^°*J^
suits, in any stage thereof, until the first day of June next; and the to be'
collectors respectively shall proceed to collect the arrears of the said 8<^y®d»
tax or taxes, and pay the same into the treasury of the county, on or
before the first day of June next, in like manner, as they could or might
have done on or before the first day of March last, as required in and
by the said act ; and the treasurer of such county, shall pay the said
taxes so to be collected and paid into his hands, into the treasury of
this State, within one month thereafter, any thing in the said act to the
contrary thereof in any wise notwithstanding.
CHAP. 75.
AN ACT to amend an act entitled "An act supplementary to an
act to appoint commissioners to settle and adjust any differ-
ences which may arise between the proprietors of certain lots
in the city of New York, the buildings whereof were burnt in
the year 1776 and for altering the streets which heretofore
were laid out adjoining to such lots."
Passed the 7th of April, 1787.
Whereas the commissioners named in the act aforesaid, except Henry Preamble.
Remsen, are desirous of being excused from acting in the premises.
Therefore,
Be it enacted by the People of the State of New York, represented in Commis-
Senate and Assembly, and it is hereby enacted by the authority of the same^ named in
That Thomas Randall, William Maxwell, David Brooks, Joshua Sands, place of
John McComb and Jacobus Lefferts, be, and they hereby are appointed sI^^iSl^
commissioners, in the place and stead of the persons in the said act
named, except the said Henry Remsen, for the purposes therein men
tioned, who, together with the said Henry Remsen, or any three of them,
shall perform the duties, and exercise the powers by the said act pre
scribed for, and given to the persons therein named.
502
LAWS OF NEW YORK.
[Chap, 76.
CHAP. 76.
Preamble.
Time for
payment
and com-
mutation
of quit
rents ex*
tended.
Treasurer
to receipt
for pay-
ments,
specifying
the lots
for which
paid.
Proceed-
iofirs for
payment
of arrears
and com-
mutation
of quit
rents on
original
shares
AN ACT to amend an act entitled " An act for the collection
and commutation of quit rents.
Passed the nth of April, 1787.
Whereas sundry circumstances have intervened, which have rendered
it impossible for those, from whom quit rents were due, to discharge or
commute for the same by the times limited in the act entitled "An act
for the collection and commutation of quit rents " passed the ist day of
April 1786. Therefore
B^ if enacted by tfu People of the State of New York, represented in
Senate and Assembly, and it is /lereby enacted by the authority of the same.
That it shall and may be lawful to and for the treasurer of this State,
at any time between the passing of this act and the first day of May,
o.ne thousand, seven hundred and eighty eight, to take and receive
from any person being a citizen of this State or of any other of the
United States, any sum or sums of money due and in arrear for quit
rents, or any sum or sums of money in commutation for annual quit
rents, in such public securities and certificates as are designated in the
first and second sections of the said act, and in the manner thereby
directed, and that no process shall be commenced by the said treasurer
for the recovery of any quit rents, which may be due or become due to
the people of this State until after the first day of May one thousand
seven hundred and eighty eight any thing in the said act to the contrary
hereof notwithstanding.
And be it further enacted by the authority aforesaid. That where quit
rents shall be paid for such shares of land as are designated in the third
section of the said act, or that such shares shall be commuted for, the
treasurer shall upon such payment, give the person making such pay-
ment a receipt or certificate, expressing the sum so paid, and specifying
whether the same be for quit rents due and in arrear, or for quit rents
and commutation both, and designating the patent, and the lot or lots
for which such payment is made, and if such payment is for both arrears
of quit rents and commutation, the lands so paid for, shall never there-
after be subject to process or sale for any quit rents, which may at any
time become due from any other lot or lots in such patent, and if such
payment is for arrears of quit rent only, then the lands so paid for, shall
not be subject to process or sale for any arrears of quit rent which
may be due to the time of such payment from any other lot or lots, in
such patent, any thing in the said act to the contrary hereof notwith-
standing.
And whereas tracts of land within this State, have been so divided,
and alienated, that many of the present owners and proprietors hold less
then an original proprietors share, and difficulties may arise as well with
those who may pay the quit rents and commute for their respective
shares, as with the treasurer, to ascertain such share; for remedy whereof.
Be it further enacted by the aut/iority aforesaid. That it shall and may
be lawful for any three or more of the present proprietors or owners of
any such patent or lands, by advertisement to be put up and continued
for ten days successively on any part of such lands, to notify and
require all owners and proprietors of lands within such patent, to meet
at a place certain within the same, and at a day certain to be expressed
in such advertisement, such day not to be assigned at less than twenty
Chap. 76.] TENTH SESSION. 503
days from the date of such advertisement, and such of the owners and which have
proprietors as shall then meet, may proceed by plurality of voices, to divided!*'
chuse two assessors and one collector, which assessors so chosen, shall
within twenty days thereafter, make an assessment roll of the several
owners and proprietors of lands in such patent, and shall enter in such
roll, the sums respectively due for quit rents, to the twenty ninth day
of September one thousand seven hundred and eighty seven, from each
according to the proportion and share which each shall have, hold, pos-
sess and enjoy within such patent, so as that the whole shall make up
and amount to the whole pf the quit rents which will be due to the
people of the State to the time herein before mentioned, and shall desig-
nate which share or shares, have by forfeiture to the people of this State,
become discharged of quit rent, and which share or shares are entitled
to remission of quit rents by this or the said act, passed the first day of
April 1786, and shall also specify the amount of the commutation for
every share or shares subject to present or future quit rents, to the end,
that such as incline to commute may be enabled to pay for the same to
the collector, and shall in seperate colomns charge each share or shares,
subject to quit rents and for which commutation may be made with six
per cent to be paid in specie on the amount of the quit rent next due,
and on the amount of the commutation, five per cent whereof to go as a
compensation to the collector for his trouble in collecting and paying
the same to the treasurer of this State, and one per cent thereof to be
paid to the assessors for their trouble in the execution of their office;
and further^ that the said assessors, before they begin such assessment,
shall take an oath before a justice of the peace, well, truly, impartially
and in due proportion, according to the best of their understanding, to
assess and rate the several owners and proprietors of such patent for
which they are chosen assessors ; and further that the said assessors
shall within ten days next after compleating such assessment roll, and
havmg signed the same and put their seals thereto, deliver the same
unto the collector so chosen as aforesaid, which said collector shall forth-
with collect the several sums charged in such assessment, for arrears of
rent, and for commutation, if the party or parties are willing to pay
such commutation, in such public securities as are designated in the
said act passed the ist day of April 1786, together with the said six per
cent in specie on the arrears of quit rent and on such commutation as
shall be paid, so that he pay the same (except the six per cent as afore-
said) to the said treasurer on or before the first day of May, one thou-
sand seven hundred and eighty eight and if any of the said owners or
proprietors of such patent, shall refuse, neglect or delay to pay his or
her share or proportion of the said rate or assessment of quit rent, and
the said five or six per cent, as the case may be, then it shall and may be
lawful for such collector, and he is hereby required to collect and levy the
same, by distress and sale of any goods and chattels if any can be found
on the share or shares so charged, and for which payment has been
refused, neglected or delayed, in the same manner as the collectors of
public taxes are or may be empowered by law to do, or to prosecute the
defaulter or defaulters for the same, before any one justice of the peace
within the county where such lands lay, who is hereby authorized to
hear and determine the same. And further^ if such collector shall not
find goods and chattels on the lands in such share or shares whereon to
make distress, or shall not be able to recover such rate or assessment
for quit rents before such justice, then such collector shall at the time
of his paying the public securities by him collected unto the said treas-
urer, deliver the assessment roll to the said treasurer, together with an
504
LAWS OF NEW YORK.
[Chap. 76
Remission
of quit
rents la
certain
cases.
Treasurer
to trans-
mit state-
ment of
quit rents
to certain
counties.
Parts of
acts sped-
fled re-
pealed.
abstract of the names of such as have paid the quit rents only, and the
amount so paid by each, together with the names of such whose lands
were discharged from quit rents as aforesaid, and another abstract of
such as have paid both the quit rents and the commutation, and the
amount so paid by each, and a third abstract containing the names of
the defaulters, if any there be, and the sums charged to each for quit
rents, all which abstracts shall be sworn to as just and true by the said
collector and the said treasurer shall thereupon give a proper receipt at
the foot or on the back of the respective abstracts for which he shall
have received the amount for quit rents, or for quit rents and commu-
tation both, as the case may be, which receipt for quit rents shall exon-
erate the persons named in the abstract from any demand for quit rents
to the time for which they were paid ; and the lands so paid for, shall
not be subject to process or sale fur any quit rents then due from any
one or more defaulters, and the receipt for quit rents and commutation
both, shall forever thereafter exonerate and discharge the lands for
which they shall have been paid, from any demand on the part of the
people of this State for quit rents; nor shall process issue, or any sale
be hereafter made of such land so pdd or commuted for, on account of
any quit rents which may be due from any other lands in such patent,
any thing in the said act to the contrary hereof notwithstanding.
And whereas many of the inhabitants of this State, have during the
late war been driven from their habitations by the incursions of the
enemy, and thereby have been greatly distressed, therefore
Be it further enacted by the authority aforesaid^ That any person or per-
sons having been so driven off as aforesaid, shall be and hereby are dis-
charged, from paying, as well all future quit rents, as those which have
already become due to the people of this State, for so much land only and
no more, as was included in the farm whereon such person or persons actu-
ally resided, and from which he or she were driven as aforesaid. Proindei
that any person claiming such exemption, shall produce a certificate,
signed by one of the judges of the court of common pleas of the county
wherein such person did reside, specifying that he or she was obliged to
quit his or her farm on account of the war, and also specifying the
number of acres, which it shall appear to such judge were contained in
such farm. And provided such certificate shall not intitle any person to
a remission for more than one hundred and fifty acres. And provided
also that such certificate shall be delivered to the assessors herein before
mentioned, where assessments shall be made, previous to the making of
such assessment, or to the said treasurer where quit rents shall be made
without assessment.
And be it further enacted by the authority aforesaid^ That the treas-
urer of this State, shall, and he is hereby required, as soon as may be,
after the passing of this act, to transmit to the respective clerks of the
several counties within this State (except to the clerks of the city and
county of New York, the counties of Kings, Queens and Richmond) a
schedule of all the quit rents due, or to become due, within the county
of which he is clerk, to the twenty ninth day of September next, speci-
fying the date of every patent, the names of the patentees* and the
quantity of lands contained in each patent where a quit rent is reserved
per hundred acres, and the annual quit rent, where a quit rent in gross
is reserved, and where quit rents are reserved in kind, to specify the
value in money, as by the said act herein referred to is directed.
And be it further enacted by the authority aforesaid^ That ^he tenth,
eleventh and fourteenth sections of the said act, and the preamble to
the said fourteenth section are hereby repealed.
Chap. 77.] TENTH SESSION. 505
CHAP. rt.
AN ACT for raising monies by tax.
Passed the nth of April, 1787.
Be it enacted by the People of the State of New York, represented in Tax levy
Senate and Assembly^ and it is hereby enacted by the authority of the same, ordered.
That there shall be raised and levied, within this State, the sum of fifty
thousand pounds.
That the quota of the city and county of New York of the said sum, n^w York,
shall be, thirteen thousand pounds.
The quota of the city and county of Albany, shall be five thousand Albany,
five hundred pounds.
The quota of the county of Columbia shall be, two thousand four Columbia,
hundred pounds.
The quota of the county of Dutchess, shall be ^\^ thousand pounds. Dutchees.
The quota of the county of Ulster, shall be three thousand four uister.
hundred pounds.
The quota of the county of Orange, shall be two thousand five hun- Orange,
dred pounds.
The quota of the county of West Chester, shall be three thousand west-
four hundred pounds. ^^^^''•
The quota of the county of Suffolk, shall be four thousand five hun- Suffolk.
dred pounds.
The quota of Queens county, shall be four thousand five hundred Queens,
pounds.
The quota of Kings county, shall be two thousand three hundred Kings,
pounds.
The quota of Richmond county, shall be one thousand three hun- Richmond,
dred pounds.
The quota of the county of Montgomery, shall be one thousand six Montgom-
hundred pounds. ®^'
The quota of the county of Washington, shall be six hundred pounds, waahing-
And be it further enacted by the authority aforesaid^ That the supervi- gup'^^^g.
sors of the several counties, or the majority of them, shall respectively oretoc
meet on the first Tuesday in September next, and cause the said respec- iSviJd in
tive quotas', assigned to their several counties, to be raised, assessed, »*™e °^an-
levied and collected, in like manner, as the contingent charges of such tingent
counties are usually raised, assessed, levied and collected ; that the Jtoe*^" *
respective collectors shall pay the sums by them severally collected, to payment,
the respective county treasurers, on or before the first Tuesday of March
next, and that the county treasurers, shall pay the respective quotas of
their counties, to the treasurer of this State, on or before the first Tues-
day in April, in the year of our Lord, one thousand seven hundred and
eighty eight.
And be it further enacted by the authority aforesaid^ That the several Powers,
judges, justices of the peace, county treasurers, supervisors, assessors ^nafties^
and collectors, shall respectively perform the like duties, exercise theo'offloera
like powers, be entitled to the like rewards and be subject to the same and^ooi-*
penalties, for neglect or refusal to discharge such duties, as are directed i«ctiinfirt*^
and prescribed, in and by the act, entitled "An act for raising monies
by tax,'* passed the twenty ninth day of April last provided always that
the assessors shall specify and rate the real and personal estate by them
to be rated, in separate and distinct columns in the assessment rolls,
any thing in the said act to the contrary hereof notwithstanding.
Vol. 2. — 64
506
LAWS OF NEW YORK.
[Chap. 78
Time of And be it further enacted by t/ie authority aforesaid. That the assessors
asseram^t ^^ ^he several cities, towns, manors, districts and precincts, in the said
cities and counties respectively, shall meet on the last Tuesday in Sep-
tember next, to make the assessments in pursuance of this act, and shall
complete such assessments, within twenty days after such meeting.
Penalty for And be it further enacted by the authority aforesaid, That if any asses-
U^^yJ'^ sor shall neglect or refuse, to perform any of the duties required of him,
by this act ; such assessor so neglecting or refusing to perform any such
duty, shall forfeit to the people of this State, the sum of fifty pounds, to
be recovered in the manner, directed in and by the eleventh section of
the said act, entitled **An act for raising monies by tax," passed the
twenty ninth day of April last.
CHAP. t8.
AN ACT for the more easy partition of a tract of land called the
Oneida purchase.
Passed the nth of April, 1787.
Preamble. Whereas several of the proprietors of a certain tract, of land com-
monly called the Oneida purchase, situate on the south side of the
Mohawk xiver, near the German Flatts in the county of Montgomery,
and granted to William Bayard and fifty four other persons on the
twelfth day of June one thousand seven hundred and seventy one, have
by their petition represented to the legislature, that the said tract was
surveyed and laid out in lots, previous to the late war, by Thomas Pal-
mer and Beriah Palmer, at the request of all the proprietors of the said
tract, but that no division having then been actually made, they now
find, that by reason of the attainder of some of the proprietors, and the
death or removal of others, it is altogether impracticable to procure a
division of the said tract, without a resurvey thereof, which will be
attended with great trouble and expence, unless the legislature should
think fit to relieve them in the premises.
And whereas it appears to the legislature, that relief ought to be
granted to the said petitioners. Therefore,
Be it enacted by the People of the State of Neia York, represented in
Senate and Assembly, and it is hereby enacted by the authority of the same.
That Evert Bancker, John Ramsay and Thomas Randall shall be, and
hereby are appointed commissioners, to make partition of the said tract,
agreeable to the survey so made thereof, by the said Thomas Palmer
and Beriah Palmer; and for that purpose shall cause an advertisement
to be published for at least four weeks, in one or more of the news
papers printed in the city of New York, and one or more of the news
papers printed in the city of Albany, appointing a particular time and
place, at which the several lots in the said tract will be ballotted for,
and requiring all persons interested, then and there to attend; at which
time and place the said commissioners, having made as many tickets as
there are patentees mentioned in the said patent, with the name of one
of the said patentees written on each ticket, and also half as many
tickets as there are lots, into which the said tract has been divided by
the said survey, with the numbers of two of the said lots written on each
ticket, so coupled as to make each share as nearly equal as may be ; the
tickets of names shall be put in one box, and the numbered tickets in
Oneida
purchase,
partition
of.
Chap. 79.] TENTH SESSION. 507
another box, and such person or persons, as the said commissioners
shall appoint, shall proceed to draw a ticket of the names and then a
ticket of the numbers, and so proceed until all the tickets are drawn ;
whereupon the several lots, bearing the numbers written on the tickets,
drawn next after the drawing of the ticket on which the name of the
patentee shall be written, shall be seperate and divided property of the
person or persons legally entitled to the share of such patentee ; of which
ballotting, and all other proceedings in the said partition, the said com-
missioners shall make a full and fair entry in a book, one copy whereof
certified under the hands of the said commissioners, or the hands of a
majority of them, shall be filed in the office of the secretary of this
State ; and another copy certified in like manner, in the office of clerk
of the county of Montgomery; either of which same books, or an
exemplifie.d or certified copy thereof, shall be good evidence of such
partition ; which partition so made as aforesaid, shall be and hereby is
declared valid and effectual in law. And further^ that the lots which
by such balloting shall be drawn for the share or shares part or parts
of the said tract of land which by the attainder or conviction of any
person or persons whomsoever, belongs to and is vested in the people
of this State, shall be the seperate share . or shares, lot or lots of the
people of this State, and be vested in them, in as full and ample man-
ner, as if such partition had been had previous to such attainder or
conviction: and that it shall and may be lawful to and for the commis-
sioners of forfeitures in the western district, to sell at public vendue,
such lot or lots in the said tract of land, as by such partition shall fall
to the share or shares of the people of this State, in the same manner,
as if such lands had been divided, and held in s«"veraltv, ])rcvious to
such attainder or conviction.
CHAP. 79.
AN ACT to revive and amend the acts therein mentioned, rela-
tive to a jurisdiction line between this State and the common-
wealth of Massachusetts.
Passed the nth of April, 1787.
Be it enacted by the People of the State of New York^ represented in Act recited
Senate and Assembly ^ and it is hereby enacted by the authority of the same, >*v*ved'
That the act entitled " An act to authorize the United States in Congress
assembled to appoint commissioners to complete the running a certain
line of jurisdiction therein mentioned between this State and the com-
monwealth of Massachusetts*' passed the 7th day of March 1785, and
the act supplementary to the said act" passed the 29th of April 1786,
be and they are hereby respectively revived and declared of full force
and effect, except so far forth as respects the time limited by the said
first recited act, in which the commissioners therein mentioned were to
perform and complete the survey thereby directed.
And be it further enacted by the authority aforesaid, That the said Time ex-
commissioners are hereby authorized and impowered, at any time within Jl^^iolfby*^
the term of one year from the 7th day of March 1787 to do and per- commis
form all and singular the services of them required by the said acts or ®***°®'^
inther of them.
And be it further e<uicted by the authority aforesaid, That the act Act recited
entitled ** An act to complete the running a certain line of jurisdiction »'»»P«'^ded.
508 LAWS OF NEW YORK. IChap. 8o.
therein mentioned between this State and the commonwealth of Mass-
achusetts " passed at the present meeting of this legislature is hereby
suspended until the 8th day of March 1788, except so far forth as
respects the appointment of Simeon De Witt Esquire as one of the
agents on the part of this State.
CHAP. 80.
AN ACT to erect the settlements of Woodstock and Great and
Little Shandaken, in Ulster county into a seperate township.
Passed the nth of April, 1787.
Preamble. Whereas in and by a law of this State entitled " An act for increas-
ing the number of assessors throughout this State," it is enacted and
declared, that as well for the purpose of assessments, as all military
purposes whatsoever, the settlements of Woodstock and Great and Little
Shandaken, in the county of Ulster, should be thereby severally annexed
to, and made parts of the township of Hurley : And whereas the inhabi-
tants of the same respective settlements, by their petition have repre-
sented to the legislature, that they live remote from other inhabitants,
and have no town officers to regulate the roads, or to compel any per-
sons to work on them ; and that they are subject to other inconveniences,
by means whereof other persons are discouraged from settling among
them : and thereupon praying to be erected into a district, in their said
petition described and named ; and it appearing to the legislature
reasonable that the prayer of the said petition be complied with. There-
fore,
Wood- jBe it enacted by the People of the State of New York, represented in
^^i^SSd Senate and Assembly y and it is hereby enacted by the authority of the same^
That so much of the same three settlements of Woodstock, and Great
and Little Shandaken, as is contained in the boundaries herein after de-
scribed, shall be, and hereby are erected into a seperate township, by
the name of the township of Woodstock ; that is to say, beginning at
the head of Cartwrights Kill, being the northern boundary line of the
county of Ulster, and from thence along said line northwesterly towards
the Lake Otsiantha, to the easterly bounds of lot number twenty, be-
longing to the heirs of Leonard Lewis ; thence along the said bounds,
south thirty three degrees west, (as the trees are marked) about fourteen
miles to the south easterly comer of the said lot ; thence the same
course continued about eight miles to the bounds of Gulian Ver Plancks
land, in lot number seven ; thence along his bounds, south easterly,
about eighteen miles to the bounds of Marbletown ; thence along the
said bounds northeasterly to the Esopus Kill ; thence east to the west-
em bounds of Kingston ; thence along the said bounds (and the line
setled and run by the arbitrators) northerly to the aforesaid Cartwrights
Kill ; and thence up the same to the head thereof.
Town offi- And be it further enacted by the authority aforesaid. That the inhabi-
chSsen!** t^^^^s of the said township of Woodstock, shall be and hereby are
declared to be entitled to assemble and hold annual town meetings
within the same township, and by a plurality of voices, to elect one
supervisor, one town clerk, three assessors, one collector, two constables,
two overseers of the poor, three commissioners of the highways, and so
many overseers of the highways, fence viewers and pound masters^ as
Chap. 8i.] TENTH SESSION. 509
to the freeholders and inhabitants of the same township, so met, shall
seem necessary and convenient ; which officers when so elected, shall
have the like powers and authority, and be subject to the like rules,
regulations and penalties, as are by law prescribed for such officers
respectively, in the other precincts in the same county. That the
annual elections be held at the house of Captain Elias Haasbrouck, in
Little Shandaken aforesaid, until otherwise determined by a majority
of votes, of the taxable persons in the same township, in legal town
meeting assembled, or it be otherwise provided for by law.
And whereas it may happen that the line of the said township may
intersect the houses or farms of some of the inhabitants of the said
township, whereby inconveniences may arise in the assessment of taxes;
for remedy whereof,
jBc it further enacted by the authority aforesaid^ That wherever the Division of
line of the said township shall intersect a farm, the possessor of such town^Soi,
farm shall pay all his taxes in which ever township or precinct his rule in
dwelling house shall be ; but if the said line shall intersect any dwell- *^*^** '
ing house, then the possessor shall be taxed for both houses and farm
in the township or precinct so adjoining the township of Woodstock
aforesaid.
Provided always^ and be it further enacted by the authority aforesaid^ Effect
That nothing in this act contained, shall be construed, deemed or ad- **'*'
judged to extend, benefit or establish, the claims or possessions of any
patentees, their or any of their heirs, successors or assigns, in any pat-
ent or grant of land, or any part thereof, lying within, or next adjoining
the township of Woodstock aforesaid, or any part thereof; or to defeat
or prejudice, or in any manner to alter, or affect the same. And further ^
that neither this act, nor any thing herein contained, shall be offered as
evidence in favor of the claims of any or either of the parties, in any
suit or suits whatsoever respecting the title of lands ; but only to prove
the line of township of Woodstock, by this act established.
And be it further enacted by the authority aforesaid^ That it shall and Town
may be lawful for the inhabitants of the township of Woodstock to whereto
assemble for the present year at the dwelling house of the said Elias ^i^oW.
Haasbrouck in Little Shandaken on the first Tuesday in June next, and
by plurality of voices, elect town officers in like manner as is directed
in and by the second clause of this act, any thing in this act to the con-
trary notwithstanding.
CHAP. 81.
AN ACT imposing duties on goods and merchandize, imported
into this State.
Passed the iiih of April, 1787.
Be it enacted by the People of the State of New York, represented in Duties im-
Senate and Assembly^ and it is hereby enacted by the authority of the same^ JSodsand
That from and after the first day of August next, all such goods and merohan-
merchandize, as are hereinafter enumerated and mentioned, which shall MhewJule
be imported or brought into this State, by land or water, shall be sub- of M)eciflo
ject to the duties and imposts herein after mentioned, that is to say.
Every gallon of molasses, one penny,
Every gallon of distilled spirituous liquors, four pence.
Every gallon of Madeira wine, eight pence,
510 LAWS OF NEW YORK. [Chap. 8i.
Every gallon of wines, other than Madeira wine, four pence,
Every gallon of lintseed oil, eight pence,
Every gallon of porter, ale or beer, six pence,
Every bushel of malt, four pence.
Every bushel of salt, water measure, six pence.
Every pound of snuff, six pence.
Every pound of manufactured tobacco, three pence,
Every pound of loaf or lump sugar, two pence.
Every pound of other sugar, a half penny,
Every pound of coffee, one penny,
Every pound of chocolate, three pence.
Every pound of pepper, three pence.
Every pound of pimento or alspice, one penny.
Every pound of steel, three farthings.
Every pound of dressed leather, four pence.
Every pound of tanned leather, three pence.
Every pound of spikes, and every pound of nails commonly called
threepenny nails, and of all nails of a larger size, one penny.
Every pound of Bohea tea, imported direct from Asia, in ships or
vessels of the built of this State, or whereof three fourths parts are
owned by citizens residing in this State, three pence.
On every pound of Bohea tea, otherwise imported, four pence.
Every pound of tea of a superior quality, imported directly from
Asia, in ships or vessels of the built of this State, or whereof three
fourths parts are owned by citizens residing in this State, six pence.
: Every pound of tea of a superior quality, otherwise imported, eight
pence.
Every pound of cheese, four pence.
Every pound of starch or hair powder, four pence.
Every hundred weight of cordage, four shillings.
Every hundred weight of bar iron, four shillings.
Every pound of raisins, currants, almonds, prunes or figs, one penny,
Every hundred weight of iron hollow ware, six shillings.
Every hundred weight or nail rods, four shillings.
Every dozen bottles of wine, in bottles commonly called quart bottles,
and in that proportion for all wines in bottles, two shillings,
Every dozen bottles of malt liquors, in bottles commonly called quart
bottles, and in that proportion for all bottled malt liquors, one shilling
and six pence.
Upon carriages of pleasure from a foreign port as follows.
Every coach, chariot or post chaise, or coach, chariot or post chaise
box, fifteen pounds.
Every other four wheeled cariage of pleasure, eight pounds.
Every two wheeled carriage of pleasure, four pounds.
Every clock twenty shillings.
Every dozen of scythes, siths or axes, twelve shillings.
Every saddle, ten shillings.
Every dozen of saddle trees, twelve shillings,
Every pair of womens or children shoes or slippers of stulTor mor-
occo leather, sixpence.
Every pair of womens silk shoes, one shilling,
Every pair of mens or womens leather shoes or slippers six pence.
Every pair of boots, four shillings,
Every pair of boot legs, one shilling and sixpence,
Every dozen packs of playing cards, four shillings, '
Every pair of wool or cotton cards, six pence.
Chap. 8i.] TENTH SESSION. 511
And the following articles at and after the rate of seven pounds ten
shillings per centum, ad valorem, to be computed on the prime cost.
Anchovies, olives, capers, horse harness, bridles, stirrup irons, bridle Goods pay
bits, ^pictures with or without frames, paper hangings, pewter and block percelft?
tin hollow, ware, pantiles and all sorts of earthern and glassware, china advaiorem
ware, writing paper, blank books, quills, brushes, horn combs and ail
other articles made wholly of horn, plane stocks, and all kinds of manu-
factured tools of wood, mens and womens hats (excepting wool hats)
foreign marble, and cabinet and joiners work.
And the following articles at and after the rate of five pounds per
centum ad valorem, to be computed on the prime cost, that is to say.
Beef, pork, butter, candles, soap, anchors, all utensils made in the Goods pay-
whole or in part of copper, tin or brass, bellows, shovels and spades, sad c^n^^a^d^^*^
irons, screw augurs, frymg pans, drugs and medicines, flour of mustard, valorem,
white rope, twine and white lines.
And all other goods and merchandize not herein before enumerated Goods pay-
and mentioned, at and after the rate of two pounds ten shillings, per and aiiaif
centum ad valorem, to be computed upon the prime cost, excepting raw y^e*ii8t*'
hides, whale and fish oil, mahogany, logwood, lignum vitee, Nicaragua
wood, red wood, fustick, and all other dye woods, sheeps and cotton
wool, whale bone, beaver, peltry, furs, deer skins, woad, madder, cochi-
neal, rocou, bees wax and eliphants teeth, and all goods and merchan-
dize, of the growth, production and manufacture of any of the United
States of America.
And be it further enacted by the authority aforesaid^ That all goods Additional
and merchandize, which shall be imported or brought into this State, be pafd^on
after the said first day of August next, in any ship or vessel, not built ^^^Jt^^/jj^j^"
-within any of the United States, shall be subject to the following addi- ForeSrn ^
tional duties; that is to say, on all the herein before enumerated articles, ^®^®*8-
other than those subject to a duty ad valorem, at and after the rate of
one fourth part of the duties in and by this act imposed on such articles
respectively; and on all goods and merchandize, subject to a duty ad
valorem, the further sum of two pounds ten shillings per centum, ad
valorem, to be computed on the prime cost.
And be it further enacted by the authority aforesaid^ That in order to Forelp
enable the collector to determine, whether any ship or vessel, in which how^col-
goods or merchandize are imported into this State, is of the built of this Jj^^^/nJine
State, or any other of the United States, it shall and may be lawful to what are.
and for the collector, to demand from the master or other person, hav-
ing the command of such ship or vessel, the register thereof; and in case
any doubts arise on the inspection of such register, whether such ship or
vessel is of the built of this State, or of any other of the United States,
it shall and may be lawful to and for the collector, to examine, as well
the master of such ship or vessel, or other person having the command,
as any other person or persons whom he shall think proper, on oath,
touching and concerning the built of such ship or vessel.
And be it further enacted by the authority aforesaid^ That the master Master of
or person having the command of any ship or vessel, which after the re^rt at
said first day of August next, shall come into, or arrive at any port custom ;
within this State, within twenty four hours after such arrival, shall report deliver
to the collector of the. port, his arrival, and the place from whence the ™«»if®»t.
ship or vessel last sailed ; and that after such report is made, the said
ship or vessel may remain in port forty-eight hours, without making
entry of her cargo^ at, or before the expiration of which time, the said
master or person having the command of such ship or vessel, shall
deliver to the collector of the port, an exact and true manifest under his
512 LAWS OF NEW YORK. [Chap. Si.
hand, of all and every such bales, chests, casks, trunks, cases boxes or
other packages, and all such goods or merchandize stowed in bulk in
such ship or other vessel, and which such ship or vessel had on board
at the time she left the port from which she last sailed, or at any time
since; and which manifest, shall particularly specify, the mark or marks,
, number or numbers, of such bales, casks, chests, trunks, cases, boxes or
other packages, and the name or names of the person or persons who
is, or are, the owner or owners, consignee or consignees, of such bales,
casks, chests, trunks, cases, boxes, or other packages, and such goods
or merchandize, stowed in bulk in such ship or vessel as aforesaid ; and
the master or person commanding such ship or vessel shall, upon exhib-
iting such manifest to the collector, take and subscribe the following
oath, (which oath the collector is hereby impowered to administer, that
is to say.
Oath to " I do swear, in presence of Almighty God, that the mani-
manlfest. £gg^ ^^^^ ^^y me delivered, contains a just and. true account of the cargo
on board of the vessel, called the under my command; and
that no more or other bales, casks, chests, trunks, cases, boxes or other
packages, or goods, than those mentioned in the said manifest, have
been on board of the said vessel at any time since she left the port of
, and that the said port was the last from which she sailed.'*
Which first blank, shall be filled with the name of the person having
the command of the vessel, the second with the name of such vessel, and
the third with the name of the port from which she last sailed:
Id.: Incase Prmnded always^ that if after the sailing of such vessel from such last
goids^by P^^^ ^"X P^^^ ^^ ^he cargo thereof shall have been thrown overboard,
diBaster. or lost by reason of stress of weather, or other unavoidable accident or
cause, it shall be lawful for such master, or person having the command
of such ship or vessel, to declafe such disaster or misfortune, in the
manifest to be by him delivered as aforesaid, specifying the quantity
and kinds of goods, as near as may be, so thrown overboard, or other-
wise lost; and thereupon the collector to whom such manifest is deliv-
ered, shall insert in the oath by him administered, immediately after the
name of the port, the following clause "Except the goods therein
.declared to have been lost, since she left the said port, which goods were
to the best of my knowledge bona fide lost, in the manner therein speci-
fied."
Sea stores And be it further enacted by the aut/iority aforesaid^ That such liquors,
exempted, ^g ^^^ intended for sea stores, for any master or commander, of any ship
or vessel, and actually on board of such vessel, not exceeding the quan-
tity of forty gallons, shall be exempted from duty.
Oath to be And be it further enacted by the authority aforesaid^ That after the
^ntrgnee report and manifest, in manner herein before mentioned have been made
before and delivered, to the collector, of any ship or vessel, which shall after
f^d^. the first day of August next, come into any of the ports of this State,
and of the cargo on board, every person having goods or merchandize
on board of such ship or vessel, shall, before the same, or any part
thereof, shall be landed, put on shore, or unloaded, exhibit to the col-
lector of the port, the original invoice, or an account of the said goods
or merchandize; and shall take the oath hereinafter mentioned, which
oath, the collectors respectively, are authorized to administer, that is to
say,
Porm of I do swear, in the presence of Almighty God, that the paper
oath. jjQ^ |jy jjjg exhibited to the collector of the port of , contains,
to the best of my knowledge and belief, a true invoice or account, of all
the goods or merchandize, contained in the respective bales, casks>
Chap. 8i.J TENTH SESSION. 513
chests, trunks, cases, boxes or other packages therein mentioned, and
of all the goods stowed in bulk on board of the ship or vessel, called
the owned by, or consigned to me, or under my charge ; and
also contains a true account of the price or prices at which the said
goods or merchandize have been bona fide purchased or charged, and
that if any goods or merchandize, other than those mentioned in the
said invoice or account, now by me exhibited to the said collector, shall
be contained in any of the said bales, casks, chests, trunks, cases, boxes
or other packages; or if I shall discover that there are more goods or
merchandize stowed in bulk, owned by, or consigned to me, or under
my charge, than in the said invoice or account is mentioned; or if I
shall at any time hereafter receive any other invoice, than that which I
now produce, of the said goods or merchandize, I will forthwith, after
discovering such goods or merchandize, or receiving such invoice, deliver
an account thereof, to the collector of the port of
And be it further enacted by the authority aforesaidy That if any ship importa-
or vessel, shall arrive at, or come into any of the ports of this State, ^^oods'des-
having on board goods or merchandize, subject to any duty by this act, tined for
destined for any port or place out of this State, it shall be lawful for Sfthe^"'
the person having the command of such ship or vessel, or the owner, or state,
consignee of such goods or merchandize, at the time of delivering the exporta-
manifest aforesaid, to enter the same for exportation, particularly speci- ^^^ ^^'
fying the same ; and the goods or merchandize so entered for expor- "^
tation, may afterwards be exported on the same vessel, or in any other,
but without having been landed, to any part or place out of this State,
free from the said duties ; providedy that such goods and merchandize
shall be exported in the original bales, casks, chests, trunks, cases,
boxes or other packages, and shall not be removed from one ship or
vessel to another, without the presence of some officer appointed by
the collector of the port, to superintend such removal. And proinded
furthery that the person having the command of such ship or vessel,
shall, prior to the departure of the said goods or merchandize out of
this State, take an oath, to be administered by such collector, in the
words following. I in the presence of Almighty God, do Oath of
swear, that none of the goods or merchandize imported in the vessel ™**^''
under my command, entered for exportation, other than those, whereof
notice hath been given to the collector of the port, and a permit ob-
tained for landing the same, have been directly or indirectly landed or
put on shore within this State ; and that the said goods and merchan-
dize, to the best of my knowledge and belief, are now on board the ship
or vessel called the about to depart from this State, and are
not intended to be landed within this State, or in any other, for the pur-
pose of being again brought within this State. And the owner or con-
signee of such goods or merchandize, if other than the person having
the command of such vessel^ shall also take an oath, to be administered
by such collector, in the words following. I do swear in the Oath of
presence of Almighty God, that the goods and merchandize imported consi«nee.
in the ship or vessel called the owned by, or consigned to me,
and which were entered for exportation, other than those for which a
permit to land hath been since obtained, are, to the best of my knowl-
edge and belief, now on board the ship or vessel called the
about to depart from this State ; and that the said goods or merchan-
dize, are not intended directly or indirectly to be landed within this
State, or elsewhere, for the purpose of being brought within this State.
And provided lastly, that it shall be lawful for the master, or person Chang© of
having the command of such vessel, or the owner or consignee of the *""^'
Vol. 2. — 6$
514
LAWS OF NEW YORK.
[Chap. 8i.
Penalty
for failure
to enter
at custom
house and
exhibit
manifest.
Daties of
£20 or less
to be paid
in specie;
above that
amount
secnrity
maybe
taken by
collector.
Goods
landed be-
fore mani-
fest exhib-
ited, to be
forfeited.
goods and merchandize on board, or of any part thereof, at any time
within ten days after the day of the arrival of such vessel, to enter for
importation, any part of the goods or merchandize, before entered for
exportation ; but it shall not be lawful, at any time after the expiration
of the said ten days, to enter for importation, or land any part of such
goods or merchandize, so before entered for exportation. And if such
goods or merchandize, so entered for exportation, shall, without a per-
mit for that purpose from the collector, at any time after such entry for
exportation, be landed within this State, or elsewhere, and brought
within this State, without paying or securing the payment ot the duties
thereupon, such goods or merchandize shall be forfeited to the people
of this State. And in case such goods or merchandize, to the value of
fifty pounds or upwards, shall be so landed from on board any ship or
vessel, lying in any port or harbour of this State, such ship or vessel
shall also be forfeited to the people of this State.
And be it further enacted by the authority aforesaid^ That if afiy master
or other person, having the command of any vessel which shall come
into any of the ports of this State, after the said first day of August
next, and shall neglect or refuse to make a report of the arrival of »uch
vessel, or to deliver a manifest of the cargo on board, in the manner
and within the time herein before for those purposes respectively men-
tioned, or to take the oath prescribed as aforesaid, every such master or
person, having command as aforesaid, shall forfeit the sum of one hun-
dred pounds, for each such neglect or refusal; and at the rate of twenty
pounds for each day, that either of the said matters shall be delayed,
beyond the time for that purpose limited. ^
And be it further enacted by the authority ^^aidy That when the
duties upon any parcel of goods or merchandize to be entered at the
custom house, by any merchant, factor or other person, does not ex-
ceed the sum of twenty pounds, the same shall be paid to the collector
before a permit for landing shall be granted ; but if the duties on the
goods specified in any invoice or account, to be exhibited as aforesaid, ex-
ceed the said sum of twenty pounds, the collectors respectively, are hereby
authorized to take a bond with one or more sufficient surety or sureties,
being a freeholder or freeholders, from the person exhibiting such in-
voice, or account, upon oath, as aforesaid, for the payment of the said
duties, if, upon goods or merchandize imported from any of the West
India islands, in four months ; and if upon goods or merchandize im-
ported from any other country or place, in six months from the date of
such bonds respectively. And after such payment of the said duties
shall be made, or security given therefore, in manner aforesaid, the col-
lector shall grant a certificate or receipt thereof, if required, and a per-
mit for unloading the bales, casks, chests, trunks, boxes, cases or other
packages, or goods, or merchandize, for which the duties shall have
been so paid, or secured to be paid as aforesaid, directed to the land and
tide waiters, who, upon receiving such permit, shall allow the bales,
casks, chests, trunks, cases, boxes, or other packages, or goods or mer-
chandise, specified therein, to be unloaded or discharged.
And be it further enacted by the authority aforesaid^ That if any master
or person, having the command or charge of any vessel, which shall
come into this State, after the said first day of August next, shall land,
or put on shore, or unlade any part of the cargo of such vessel within
this State, before report and manifest have been made and delivered as
aforesaid, or upon exhibiting such manifest, shall omit to mention
therein any of the bales, chests, casks, trunks, cases, boxes or other pack-
ages, or goods, or merchandize on board such ship or vessel, all such
Chap. 8i.] TENTH SESSION. 515
goods and merchandize so landed, put on shore, unladen, or omitted,
together with such vessel, her tackle, apparel and furniture, shall be
forfeited to the people of the State of New York.
Provided^ that the forfeiture of such vessel, her tackle, and furniture, Proviso;
shall not be incurred, unless the goods so landed, put on shore, unladen eJjj^li^jBrQ
or omitted, shall exceed in value the sum of fifty pounds.
And be it further enacted by the authority aforesaid, That all the Goods not
goods and merchandize, subject to any duty by this act, according to ^0^5*
weight or measure, shall be weighed, guaged or measured upon the from wharf
wharf or place where the same shall be landed or put on shore, before weighed op
they are removed therefrom ; and the guager weighmaster or measurer, measured,
guaging weighing or measuring the same, shall mark on all bales, casks,
or packages, the quantity contained in the same respectively. And if
any goods or merchandize subject to duty by this act shall be removed
from the wharf or place where the same shall have been landed, before
such goods or merchandize shall be weighed, guaged or measured and
marked, as the case may be, without the consent of the collector and
his permit for that purpose obtained, such goods or merchandize so
removed, shall be forfeited to the people of the State of New York.
And be it furt/ier enacted by the authority aforesaid^ That if any mer- Vessel to
chant, factor or other person shall after the first day of August next, feiiSlf
land or put on shore, or remove from on board of any ship or vessel f*^^£j v^
within this State, any goods or merchandize subject to a duty in and by forepennit
this act, before he shall have obtained, from the collector, a permit for o™uS!on^
that purpose, according to the true intent and meaning of this act, all
such goods or merchandize, so landed, put on shore or removed, together
with the vessel, her tackle, apparel and furniture, shall be forfeited to
the ])eople of this State.
Provided^ that such forfeiture of the vessel, her tackle, apparel and Proviso;
furniture, shall not be incurred, unless the goods so landed, put on shore ©t!Sld£50.
or removed, shall exceed in value the sum of fifty pounds.
And be it further enacted by the authority aforesaid^ That it shall and Land and
may be lawful for any land or tide waiter, put on board of any ship or to Moure'
vessel by the collector, or surveyor and searcher, at sun set, to havehatchwat
locks affixed to the hatches, or other parts of such ship or vessel, in locks: pen-
order to prevent the landing or discharging any part of the cargo from brol^en
on board such ship or vessel, in the absence of such land and tide open,
waiter. And the said land and tide waiter shall keep the key or keys
of such locks until the next morning at sun rise; and if it shall appear
that the said locks, or any of them, have been broken open in the absence
of the land and tide waiter by whom they were affixed, or that the
hatches, or any of them have been opened, then and in every such case,
the opening of any such hatches, or the breaking of any such locks,
shall be deemed a sufficient evidence of fraud ; and the master or per-
son having the command on board of any such ship or vessel, shall
in every such case, forfeit the sum of five hundred pounds.
And be it furt/ier efiacted by the authority aforesaid^ That it shall Enforce-
and may be lawful for the collectors respectively, to receive the money ^tiection
payable for duties by virtue of this act; and if any duty shall not be paid **'**'i^®b
within the time in the said bonds respectively mentioned, (excepting E^Ids. ^
the cases in which drawbacks are allowed for exportation, the collector
to whom such bond or bonds shall be payable, is hereby directed and
required forthwith after the expiration of the time of payment therein
limited, to commence and prosecute to effect an action or actions in his
own name, for the recovery of the sums due on such bonds respectively,
with costs.
516 LAWS OF NEW YORK. [Chap. 8i.
Collector And he it further enacted by the authority aforesaid^ That if the said
fiabiYfor collector shall not forthwith, after the monies shall become due on such
au sums, bonds respectively, commence an action or actions for the recovery of
bond not the monies which shall become due thereon respectively, and prosecute
?v'henTum* the same to effect, (except as aforesaid) then and in every such case,
falls due. the said collector shall be deemed to have received the said monies, and
be accountable for the same to the people of this State, in like manner
as if the same had actually been received by him. And that the said
monies shall be sued for and recovered in any court of record having
cognizance of the same, from the collectors respectively, their respec-
tive heirs, executors or administrators, in an action or actions of debt,
or in any other action or actions, by and in the name of the treasurer of
the State. And it is hereby made his duty to sue for, and recover such
monies, for the use of the people of this State.
Account to And be it further enacted by the authority aforesaid^ That the collec-
coiiec?or^^ tors shall respectively enter in a book to be kept by them for that pur-
report to' pose, the amount in value of the goods and merchandize in and by this
*" ^^^' act subject to a duty, ad valorem, as aforesaid, the quantity of goods
and merchandize in and by this act particularly enumerated and
described, and the amount of the duties thereon respectively. And the
collectors respectively shall also once in every three months deliver such
accounts to the auditor of this State, who shall examine the same, and
certify the amount thereof to the treasurer.
Duttettto And be it further e?uicted by the authority aforesaid^ That the collec-
intS*rea8- ^ors, shall, once in every three months, pay to the treasurer of the State,
ury quar- all the monies which shall arise or come into their hands respectively, as
^ ^' well for duties and forfeitures, as for fees of office, in pursuance of this
act, without any deduction whatsoever.
Collectors And be it further enacted by the authority aforesaid^ That in cases
auspicious when either of the collectors shall have information upon oath, or reas-
baies, etc., onable cause to suspect, that the invoice exhibited to him does not
aSi^edV specify all the goods or merchandize, whether contained in bales, casks^
fraud^baie ^^^^^s, trunks, cases, boxes or other packages, or stowed in bulk, whereof
eto" /or-^* the same is exhibited as a true invoice, the said collector shall and may
felted. ^^i^g j^jj gy^i^ bales, casks, chests, trunks, cases, boxes or other pack-
ages, and the goods or merchandize contained therein, as also the
goods or merchandize stowed in bulk as aforesaid, into his possession,
and may open and examine the same; and if upon such examination, it
shall be found that there were other goods or merchandize not men-
tioned in such invoice, which were omitted with an apparent design to
defraud the State of the duties thereupon, as well those mentioned, as
those omitted in such invoice, shall be seized by the collector, and pro-
ceeded against, and forfeited to the people of this State.
Question Providedy for greater caution, that in every case in which defence shall
be passed^ be made in any of the courts of common law, and judgment shall not
on by jury, pass by defualt, it shall be the province of the jury charged with the
cause to try the intent aforesaid and to collect from the facts and cir-
cumstances of the case, whether the same was fraudulent, or otherwise.
Penalty for And be it further enacted by the authority aforesaid^ That if any person
etc.^dluti- ^^ persons whomsoever, after sun sett and before sun rise, shall take up,
abili goods land or carry, or aid or assist, in taking up, landing, carting or carrf ing
night*. aJ^y goods or merchandize, for which the duties in and by this act
imposed, have not been paid or secured to be paid, in manner aforesaid,
every person or persons so offending, shall forfeit and pay the sum of
fifty pounds, for every such offence.
Chap. 8i.J TENTH SESSION. 517
And be it further enacted by the authority aforesaid^ That it shall be Land and
the duty of such of the land and tide waiters, as the collector or sur- erafduUM
veyor and searcher shall direct, to remain on board of any ship or vessel <>'•
having any goods or merchandize on board subject to duty, until such
vessel shall be discharged.
And be it further enacted by the authority aforesaid^ That the duties Rate of
to arise on any goods or merchandize, the invoice or account whereof is Sn^BritSi
made out in British sterling money, shall be completed and paid at the sterling-
exchange of one hundred and seventy five pounds lawful money of this
State, for one hundred pounds of such sterling money.
And be it further enacted by the authority aforesaid y That all and every Penalties,
penalty and penalties imposed or incurred by this act, or any other act S^^Jr*
relative to the customs in this State, shall and may be sued for, and recovery of
recovered, with costs of suit, by action of debt, bill, plaint or informa-
tion, in any court of record in this State, in the name of the collector of
the customs of the port of New York, or in the name of the attorney
general of this State. And if any action or information shall be entered
or prosecuted in the name of any other person, the same, and all pro-
ceedings thereupon shall be void, and of none effect; the one moiety of
all which penalties, when recovered, shall be to the use of the people of "
the State of New York, and the other moiety thereof to him, her or
them, who shall inform concerning the same.
And be it further enacted by the authority aforesaid. That all ships and Forfeiture
vessels, goods and merchandize which shall become forfeited by virtue Joodsjpro-
of this act, shall be prosecuted by the collector, or officer or other per- ceedingsia
son who shall seize the same, by information in the court of admiralty,
or in the court of exchequer, or in any mayors court or court of com-
mon pleas in this State, in order to condemnation thereof. And if such
information shall be prosecuted in the court of exchequer, or in any
mayors court, or court of common pleas, proclamations shall be made
in the accustomed manner: And in case no person shall appear and
claim such ship or vessel, goods and merchandize, the same shall be
adjudged ta be forfeited; so as there shall always three proclamations
before judgment or forfeiture be given, and at least two days between
each proclamation; and judgment of forfeiture shall not be given, until
four days after the third proclamation shall be made. And if any per-
son shall before judgment of forfeiture, appear and claim such ship or
vessel, goods or merchandize, and defend the prosecution thereof, the
court shall proceed to hear and determine the cause according to law.
And further, that on the prayer of any claimant to the court, that any
ship or vessel, goods or merchandize, so seized and prosecuted, or any
part thereof, should be delivered to such claimant, it shall be lawful for
the court to appoint three proper persons, to appraise such ship or ves-
sel, goods or merchandize, who shall be sworn in open court for the
faithful discharge of their duty; and which appraisement shall be made
at the expence of the party, on whose prayer the same shall be made;
and the appraisers shall be allowed such sum, as the court in each case
shall deem reasonable, not exceeding in any case, twenty shillings for
each day, to each appraiser. And on the return of such appraisment, if
the party claimant shall thereupon with one or more sureties, to be
approved of by the court, execute a bond in the usual form, to the col-
lector of the port of New York, for a payment of a sum equal to the
sum at which the ship or vessel, goods or merchandize so prayed to be
delivered, shall be appraised, the court shall, by rule, order such ship or
vessel, goods or merchandize to be delivered to the claimant; and the
said bond shall be lodged with the clerk of the court. And if judg-
518
LAWS OF NEW YORK.
[Chap. 8i.
Ppoeeou-
tlon for
forfeituree,
how
brought.
Proceed-
infra In
proseou*
tions.
Burden of
proof,
where to
lie.
ment shall pass in favour of the claimant as to such ship or vessel, and
as to the whole of such goods and merchandize so delivered, the court
shall cause the said bond to be cancelled ; but if judgment shall pass
against the claimant, as to the whole or any part of such ship or vessel,
or goods or merchandize, then if the claimant shall not within ten days
thereafter, pay into court, or to the collector of the port of New York,
the amount of the appraised value of such ship or vessel, or goods or
merchandize, so condemned, with the costs, the court shall direct such
bond to be put in suit, and shall from time to time give such relief
therein, as shall be agreeable to equity and good conscience. And
further, that one moiety of all forfeitures to be incurred by virtue of
this act, clear of all costs of prosecution, and other charges and expences,
shall be to the use of the person or persons who shall inform and pros-
ecute for the same, and the other moiety, after deducting all costs,
charges and expences, shall be to the use of the people of this State.
And be it further enacted by the authority aforesaid. That in all cases
of prosecution for any such forfeiture, it shall be in the discretion of
the collector of the port of New York, or of the attorney general, to
direct in which of the courts aforesaid any information shall be brought
touching such forfeiture; and if such information shall not be in the
name of the said collector, or attorney general, the informant shall, in
every such case, previous to filing his or her information, enter into a
bond or recognizance with one sufficient surety, in the sum of one hun-
dred pounds, with a condition to prosecute the same to judgment and
condemnation.
And be it further enacted by the authority aforesaid, That in case any
action, or information, shall be commenced and brought to trial, on
account of the seizure of any goods or merchandize, wherein a verdict
shall be found for the claimant or claimants thereof, and it shall appear
to the judge or court, i)efore whom such action or information shall be
tried, that there was a reasonable cause of seizure, the same judge or
court shall cause a proper certificate or entry to be made thereof; and
in such cases, the defendants shall not be entitled to any costs whatso-
ever, nor shall the informer, or person who made the seizure, or the
prosecutor, be liable to arty action, indictment, or other suit or prosecu-
tion, on account of such seizure or prosecution ; prornded the goods or
merchandize seized, forthwith, after judgment shall be given for the
said claimant or claimants, be restored to such claimant or claimants^
his, her, or their agent: and if any action, indictment or other prosecu-
tion, shall be commenced and brought, against any person or persons
whomsoever, on account of any such seizure, it shall be lawful for the
defendant or defendants, to plead the general issue, and to give in evi-
dence the certificate or entry aforesaid, which shall be, and is hereby
declared to be sufficient to discharge such defendant or defendants^
from all damages by reason of such seizure; provided, that it shall not
preclude the recovery of the value of the goods seized, if the same shall
not have been restored as aforesaid, or of such part thereof as may not
have been restored.
And be it further enacted by the authority aforesaid. That if any goods
or merchandize, shall be seized for non payment of duties, or any other
cause of forfeitures, and any dispute shall arise, whether the duties have
been paid, or secured to be paid for the same, or whether the same have
been lawfully imported, or concerning the port or place from whence
such goods or merchandize were brought, or concerning the property
thereof, or the vessel, in which such goods or merchandize were imported;
then and in every such case, the burthen of the proof shall lie on the
Chap. 8i.] TENTH SESSION. 519
owner or owners, or claimant or claimant of such goods or merchandize,
and not on the person who shall seize the same.
And be it further enacted by the authority aforesaid^ That upon infor- SuspicioD
ation made by the collector, or any other officer of the customs, and of «jtlM?ro"
upon oath made by such officer, that he hath probable cause to suspect, ceedlMsln
and doth really suspect, that any person or persons have landed,
removed, reshipped, or brought into this State, any goods or merchan-
dize subject to duty by this act, or caused the same to be done, without
having made an entry thereof with the collector, and paid or secured to
be paid the duties thereon, according to the true intent and meaning of
this act, it shall and may be lawful for the chancellor, the justices of
the supreme court, the mayors, recorders or any of the aldermen of the
cities of New York, Albany or Hudson, or the justices of the peace of
any of the counties of this State, or any or either of them, to whom
such information, on oath, shall be given as aforesaid, to issue a warrant
or warrants under his hand and seal, directed to the marshal of the
court of admiralty, or to the sheriff of the county, where the offence
shall have been committed, or to the sheriff of the county next adjoin-
ing thereto, who are hereby respectively required and authorised to
execute such warrants, thereby commanding the said marshal and sher-
iffs, or any of them, to enter into any house, out house, or other build-
ing or inclosure, or ship, vessel or boat, in the day time, where such
goods or merchandize are suspected to be deposited or concealed; and
in case of resistance, or after demand and refusal to open such house,
out house or other building or inclosure, or ship, vessel or boat, or
where such house, out-house or other building or inclosure or ship, ves-
sel or boat shall be uninhabited or unoccupied, to break open such
house, out house or other building or inclosure, or such ship vessel or
boat, and to seize and secure the said goods or merchandize, so depos-
ited or concealed therein; and all officers and ministers of justice, are
hereby required to aid and assist therein: Proinded ^always y that no
house shall be . entered, by virtue of this act, unless it be within one
month after the offence is supposed to have been committed.
And be it further enacted by the authority aforesaid^ That the marshal Seizure of
and sheriffs, and every of them, having received such warrant as afore- ^arehaf
said, are hereby authorized and enabled to go and enter on board of and
any ship or vessel, and from thence to bring on shore, into the store or * ® **
warehouse provided for that purpose, any goods or merchandize liable
to seizure by this act; and that whenever the said marshal, sheriff or
collector, or any officer of the customs, shall, in the due execution of
their respective offices, be, by any person or persons resisted, obstructed,
abused, assaulted, beaten or wounded, either on the board of any ships
vessel or boat, or upon the land or water, all and every such person or
persons so offending, shall forfeit and pay, for every such offence, the
sum of two hundred pounds.
And be it further enacted by the authority aforesaid^ That in case of store-
the seizure of any goods or merchandize as aforesaid, the collectors be i^*^
respectively, shall and may for depositing and securing thereof, procure v*d^ 'or
and pro\nde good and sufficient storehouses, at the expence of the feized.
people of this State.
And be it further enacted by the authority aforesajdy That the mar- officer to
shal or sheriff, who shall seize any goods or merchandize as aforesaid, g'^*^* '*""
shall give his receipt for the same, expressing the particular bales, casks, seized,
chests, trunks, cases, boxes and other packages, and the marks and
numbers thereof. And that all such goods or merchandize so to be
seized, shall be put into, and remain in the custody of the collector,
520 LAWS OF NEW YORK. [Chap. 8i.
until such proceedings shall be had, as are required by this act, to ascer-
tain, whether the same have been forfeited, and ought to be condemned,
or not; and if it shall be found and adjudged, that the same were not
forfeited, they shall be forthwith restored to the owner or owners,
or claimant or claimants thereof.
Penalty for And be it further enacted by the authority aforesaid^ That if any person
goods? ^^ or persons, shall knowingly harbour, conceal, or buy any goods or mer-
chandize, liable to seizure by this act, such person or persons shall for-
feit and pay, for every such offence, the sum of twenty pounds.
Sale of Yes- And be it further enacted by tlie authority aforesaid^ That all ships,
Soods°con- vessels, goods or merchandize, which shall be seized and condemned by
demned. virtue of this act, shall be sold by the proper officer of the court, in
which such condemnation shall be had, to the highest bidder, at public
auction, by order of the collector, and at such place as he shall appoint
for that purpose, giving at least fourteen days notice, (e;ccept in case of
perishable goods) in two of the news papers published in this State;
and such officer shall render an account of all such sales, and pay the
monies arising therefrom, to the collector, by whose order such sales
shall have been made, within twenty days thereafter, in order that the
same may be distributed, as is herein before directed.
VesMls And be it further enacted by the authority aforesaid^ That when any
^"rt^by"*^ ship or vessel, shall, by distress, be driven or compelled to come into
port by
distress.
the port of New York, the master or person having the command, shall
make a report of such arrival ; and deliver an account or manifest of
the cargo on board of such vessel, as is herein before directed in other
cases ; and may remain a reasonable time in port to repair and refit,
without being subject to any duties, except on such goods liable to a
duty, which shall be actually landed ; or to any charges or expences to
this State, except the daily pay of the custom house officer or officers,
to be put on board by the collector, or the surveyor and searcher. And
the master of any such ship or vessel, may land and sell, under the in-
spection and direction of the port wardens, and an officer of the cus-
toms, to be appointed by the collector, for that purpose, such part of
the cargo, as shall appear to the collector of the port, to be necessary
to procure provisions, and to defray the necessary and incidental expen-
ces of such refitting and repairs. Provided always^ that in all cases,
where it shall be necessary to unload any such vessel for repairing
thereof, the cargo, or such part thereof, as may be unladed, in order to
be taken again on board, shall be unladed, and again loaded, under
the inspection of the officers of the customs, and not otherwise. And
provided further^ that in order to ascertain, what ships or vessels shall
be entitled to the exemptions and privileges hereby allowed to ships and
vessels in distress, it shall be the duty of the master or other person
having the command of any such ship or vessel, at the time of making
the report and delivering the manifest aforesaid, to report the cause,
which obliged such ship or vessel to come into port ; whereof the col-
lector shall give notice to the wardens of the port And the said mas-
ter or other person, having the command of such ship or vessel, shall
within four days after making such report, cause a protest on oath, in
the usual form, to be made, before some notary public, setting forth the
causes and circumstances, which obliged such vessel to come into port,
and shall lay such protest, before the said wardens of the port, who, or
any two of whom, are hereby authorized to inspect and examine such
vessel ; and also further, to examine the master, or person having the
command of such vessel, on oath, touching such causes and circum-
stances ; and the said wardens of the port, shall, as soon as may be,
Chap. 8i.] TENTH SESSION. 521
certify to the collector, whether in their opinion, such vessel came into
port in distress or not : And if they shall certify, that such vessel did
not come into port in distress, thenceforth all the exemptions and privi-
leges hereby allowed to vessels in distress, shall cease with respect to
such ship or vessel ; and the said vessel and her cargo, shall be thence-
forth liable to the same regulations, as are prescribed by this act in
other cases.
And be it further enacted by the authority aforesaid, That if any goods Goods re-
or merchandize imported or brought into this State, subject to duty by portsti-**^
this act, for the duties whereof a bond or bonds shall have been given, yond the
shall be exported out of this State within ninety days after the impor- the stwe.
tation thereof, to any other part of the United States of America, the
amount of the duty on such goods and merchandize, shall be deducted
from the same, payable upon such bond or bonds : And to ascertain
upon what goods or merchandize such deduction or drawback shall be
allowed, it shall be necessary for the exporter or exporters thereof,
after such goods or merchandize shall have been laden on board of any
vessel for exportation, and before the departure of such vessel, to report
the same to the collector, delivering an invoice or account of the bales,
chests, casks, boxes, cases, trunks and other packages, the marks and
numbers of such bales, chests, casks, boxes, cases, trunks and other
packages, and specifying the ship or vessel, in which the same have
been laden for exportation ; and thereupon the exporter of such goods
and merchandize, being the original importer or consignee thereof, shall
take an oath, to be administered by the collector, in the words follow-
ing, to wit. I do swear in the presence of Almighty God, that Oath of
the bales, chests, casks, boxes, cases, trunks and other packages, speci- "^ ^^^"
fied in the invoice now by me delivered, and marked and numbered as
is therein mentioned, were actually imported into this State, in the ship
or vessel called the , from the port of for the duties
whereof I have given bond, to the collector of the port of ,
and that the said goods and merchandize, were actually laden on board
the vessel called the for exportation, in the original bales,
chests, casks, boxes, cases, trunks and other packages, in which they
were imported ; and that the said bales, chests, casks, boxes, cases,
trunks and other packages, were not opened, nor any part of the goods
therein contained taken out or exchanged, before they were laden on
board of the said ship or vessel last mentioned ; and that the said bales,
chests, casks, boxes, cases, trunks and other packages, with the goods
and merchandise therein, are bona fide intended to be exported for the
port of in the State of and that the goods and mer-
chandize so to be exported subject to a duty ad valorem, are of the
value of computed on the prime cost ; and that there were no
enumerated articles, subject to a duty, contained in the said bales,
chests, casks, boxes, cases, trunks and other packages, than those men-
tioned in the invoice now by me exhibited : And further, that the said
goods«or merchandize have not been laden on board the said ship or
vessel last mentioned, with design to evade the payment of the duties
thereupon, or to be relanded, or in any other manner brought back into
this State. But if such exporter shall not be the original importer or
consignee of such goods or merchandize, then such original importer
or consignee, shall take an oath, to be administered by the collector, in
the words following, to wit. I do swear m the presence of Oath by
Almighty God, that the bales, chests, casks, boxes, cases, trunks and SSSlgoee.
other packages, specified in the invoice now by me delivered, and
marked and numbered as is therein mentioned, were actually imported
Vol. 2. — 66
522 LAWS OF NEW YORK. [Chap. 8i.
into this State, in the ship or vessel called the from the port
of and that the goods and merchandize therein contained,
have been by me sold and delivered in the original bales, chests, casks,
boxes, cases, trunks and other packages, in which they were imported
to ; and that the prime cost of such part thereof, as is sub-
ject to a duty ad valorem, is , and that there were hot, to
my knowledge or belief, any enumerated articles contained in the
said bales, chests, casks, boxes, cases, trunks and other packages,
other than those mentioned in the invoice now by me exhibited." And
the said exporter of such goods and merchandize, shall take an oath,
to be administered by the collector, in the words following to wit,
Oath of " I do swear in the presence of Almighty God, that the goods
exporter, ^nd merchandize contained in the bales, chests, casks, boxes, cases,
trunks and other packages, specified in the invoice herewith delivered,
and marked and numbered as is therein mentioned, were by me pur-
chased of , and that no part of the goods in the said bales,
chests, casks, boxes, cases trunks and other packages, contained at the
time of delivery thereof to me, have been taken out or exchanged, since
the time of such delivery : and that the said bales, chests, casks, boxes,
cases, trunks and other packages, together with the goods and merchan-
dize therein contained at the time of the said delivery, as are specified
in the invoice aforesaid, have been bona fide laden on board the ship or
vessel called the for the purpose of being exported to the
port of in the State of ; and that the said goods
and merchandize were not so laden on board the said ship or vessel last
mentioned, in the design to evade the payment of the duty thereupon,
or to reland or otherwise bring back the said goods and merchandize
into this State/' And thereupon, if the balance due upon such bond,
be paid within the time, for that purpose limited, it shall be lawful for
the collector, to whom such bond was given, and he is hereby required,
to suspend the prosecution of such bond, for the space of four calendar
months, after such exportation; and if at or before the expiration of the
said four months, the exporter of such goods and merchandize shall
produce to such collector, a certificate from the chief officer of the cus-
toms, of the place where such goods or merchandize shall be landed,
that such goods and merchandize have been there landed, specifying the
marks and numbers of tlie bales, chests, casks, boxes, cases, trunks and
other packages, wherein the same were so landed ; then such collector
shall deduct and allow the amount of the duties thereupon, and not
otherwise. Provided a/icays, that in case such goods and merchandize,
or any part thereof, shall be lost, or perish by any unavoidable accident,
after their exportation, and prior to their arrival at the place of their
destination, such drawback or deduction as aforesaid shall be made and
allowed, without the production of such certificate; instead of which the
exporter of such goods and merchandize, shall take an oath, to be
administered by the collector, that to the best of his information, knowl-
edge and belief, the said goods and merchandize were actually lost on
the passage to the place of their destination, specifying such goods and
merchandize, and the cause of such loss: Provided, that if such exporter
shall be a resident in another State, an oath to the foregoing effect, taken
by such exporter, before a notary public, or mayor, or other chief mag-
istrate of the place where such exporter shall reside, and certified under
the seal of such notary public, mayor or other chief magistrate, shall
and may be admitted in lieu of the oath to be administered by the col-
lector aforesaid.
Chap. 8i.] TENTH SESSION. 523
And be it further enacted by the authority aforesaid^ That from and Fees to b«
after the passing of this act, no higher or other fees shall be demanded b?S)^tor
or received by the collector for the port of New York, for entering
inwards and clearing out any vessel or boat, the property of the citizens
of any of the United States, arriving either from the State of Connecti-
cut, or from the eastern division of the State of New Jersey, and having
on board any goods or merchandize subject to the payment of duties,
by this act, or any law of this State, and for which the duties have not
been paid, than the following, that is to say, for every vessel or boat of
the burthen of forty tons and upwards, and under seventy tons, the sum
of twenty shillings.
For ever^' vessel or boat, of the burthen twenty tons and upwards, and
under forty tons, the sum of twelve shillings.
And for any vessel or boat, with a deck thereon, of less burthen than
twenty tons, the sum of eight shillings. And for entering inwards, and
clearing outwards, any vessel or boat, the property of a citizen or citizens
of any of the United States, arriving either from the State of Connecti-
cut, or from the eastern division of the State of New Jersey, and not
having on board any goods or merchandize subject to the payment of
duties, by any law of this State, no higher or other fees than the follow-
ing, that is to say ; for every vessel or boat of the burthen of forty tons
and upwards, and under seventy tons, the sum of ^v& shillings. For
every vessel or boat of the burthen of twenty tons and upwards, and
under forty tons, the sum of three shillings. And for every vessel or
boat, with a deck thereon, of less burthen than twenty tons, the sum of
two shillings.
And be it further enacted by the authority aforesaid^ That the tonage Tonnage,
of every such vessel or boat shall or may be ascertained by the oath or J^Sned*^^*^
oaths of the master, or owner or owners thereof, or otherwise, which
oath or oaths the collector for the port of New York for th(^ time being
is hereby authorized and required to administer.
And be it further enacted by the authority aforesaid^ That all the fees Peea^ how
arising by virtue of this act, shall be applied and accounted for, in the *pp^®<*-
manner directed by the law of this State, entitled an act for the estab-
lishment of a custom house.
And be it further enacted by the authority aforesaid^ That it shall Ueflriflters
and may be lawful to and for the respective collectors of the customs in ^ ^^^
this State, to grant registers for all and every ship or vessel which shall tnranted by
or may be built within this State, by any person or persons whatsoever, ^^ ®°^"-
or for any ship or vessel actually owned by any citizen or citizens of this
State; and that such registers shall express the tonage and description
of every such ship or vessel. Provided always ^ that the ship or vessel
for which such register shall be required, be at the time actually within
this State; and provided also, that the person or persons who -shall apply
for the same, shall, previous to the issuing any such register, subscribe
his or their name or names to the same register, and make oath before
such collector, that the ship or vessel for which he or they require a
register, was actually built within this State, or is bona fide the property
of a citizen or citizens of this State.
And be it further enacted by the authority aforesaid. That the act Acu
entitled "An act imposing duties on certain goods, wares and merchan- JepeSed.
dize imported into this State," and the act entitled '*An act to explain
and amend an act, entitled An act imposing duties on certain goods
wares and merchandize imported into this State, passed the eighteenth
day of November, 1784; and the act entitled "An act imposing duties
» on the importation of certain goods wares and merchandize/* and the
524 LAWS OF NEW YORK. [Chap. 82.
fourth section of the act entitled ''An act for granting a bounty on hemp
to be raised within this State, and imposing an additional duty on sun-
dry articles of merchandize, and for other purposes therein mentioned,"
shall, from and after the said first day of August next, be, and the same
are hereby respectively declared to be repealed. Provided always^ that
the collector shall prosecute to effect, such bonds which shall be exe-
cuted for duties arising on goods and merchandize imported into this
State, before the said first day of August next, by virtue of any of the
acts hereby repealed ; and that all suits, informations or prosecutions,
already commenced, or which may be commenced, for any forfeiture or
penalty incurred by virtue of any of the said acts, before the said first
day of August next, may be prosecuted in like manner as if such acts
had continued in full force. And proinded further^ that whenever the
United States in Congress assembled, shall by any of their acts declare
their acceptation of the impost intended to be granted in and by the act
entitled "An act for giving and granting to the United States in Congress
assembled, certain imposts and duties on foreign goods imported into
this State, for the special purpose of paying the principal and interest of
the debt contracted in the prosecution of the late war with Great Britain,"
that then and from thence forth, this act shall cease and be void, and
the said acts now in force, and herein declared to be repealed, shall be
respectively revived, and remain in full force.
CHAP. 82.
AN ACT to institute an university within this State and for
other purposes therein mentioned.
Passed the i3ih of April, 1787.
Preamble. WHEREAS by two acts of the legislature of the State of New York,
the one passed the first day of May, and the other twenty sixth day of
November, one thousand seven hundred and eighty four, an university is
instituted within this State, in the manner and with the powers therein
specified. And whereas from the representation of the regents of the
said university, it appears there are defects in the constitution of the
said .university which call for alterations and amendments. And whereas
a number of acts on the same subject amending correcting and altering
former ones, tend to render the same less intelligible and easly to be
understood. Whereof to the end, that the constitution of the said uni-
versity may be properly amended and appear entire in one law, it will
be expedient, to delineate and establish the same in this, and repeal all
former acts relative thereto.
Reflrents of Be it enacted by the People of the State of New York^ represented in
sItyrboMS Senate and Assembly y and it is hereby enacted by the authority of the same^
of. istab- That an university be, and is hereby instituted within this State, to be
called and known by the name or style of the regents of the university
of the State of New York. That the said regents shall always be twenty
one in number, of which the governor and lieutenant governor of the
State for the time being, shall always in virtue of their offices be two.
Named of That the governor and lieutenant governor, and John Rodgers, Egbert
regents. Benson, Philip Schuyler, Ezra L'Hommedieu, Nathan Carr, Peter Syl-
vester, John Jay, Dirck Romeyn, James Livingston, Ebenezer Russel,
Lewis Morris, Mathew Clarkson, Benjamin Moore, Eliardus Westerlo,
Chap. 82.J TENTH SESSION. 525
Andrew King, William Lynn, Jonathan G. Thomplcins, John McDonald
and Frederick William De Steuben, shall be, and hereby are appointed
the present regents, and that they, and all the future regents, shall con-
tinue in place during the pleasure of the legislature. That all vacancies Vacancies,
in the regency which may happen by death or removal or resignation
shall from time to time be supplied by the legislature in the manner in
which delegates to Congress are appointed. That the said regents as Orgraniza-
soon as may be after the passing of this act, shall convene at such time board.'
and place as the governor shall appoint and by plurality of voices by
ballot choose a chancellor and vice chancellor to continue in office dur-
ing the pleasure of the said regents. That the said chancellor, or in his
absence from the said meeting, the vice chancellor, or in case both be
absent, then the senior regent present (and whose seniority shall be
decided by the order in which the regents are named or appointed) shall
preside, and in case of division have a casting voice at all meetings of
the said regents. That all meetings of the said regents, after the first,
shall be held at such time and place as the chancellor, or in case of his
death, absence from the State, or resignation, the vice chancellor, or in
case of the death, absence from the State or resignation of both of them,
then at such time and place as the senior regent present in the State shall
appoint. And it shall be the duty of the chancellor, vice chancellor or
senior regent, as the case in virtue of the above contingencies may be, to
order and call a meeting of the said regents, whenever and as often as three
regents shall in writing apply for and request the same; such order or
call to be published in one or more of the public news papers in the city
of New York, at least ten days prior to such meeting. ■ And further that
any eight of the said regents meeting at the time and place so ordered,
shall be a quorum, and be enabled to transact and do the business, which
by this act they shall be authorized or directed to do and transact. That
the said university shall be and hereby is incorporated, and shall be
known by the name of The regents of the university of the State of New
York, and by that name shall have perpetual succession and power to
sue and be sued, to hold property real and personal, to the amount of
the annual income of forty thousand bushels of wheat, to buy and to
sell, and otherwise lawfully dispose of lands and chattels, to make and
use a commoft seal, and to alter the same at pleasure.
And be it further enacted by the authority aforesaid^ That the said Treasurer ^
corporation shall appoint by ballot, a treasurer and a secretary, to con- SSr to'bS'
tinue in office during the pleasure of the corporation. That the treas- elected,
urer shall keep fair and true accounts of all monies by him received and
paid out, and that the secretary shall keep a fair journal of the meetings
and proceedings of the corporation, in which the yeas and nays on all
questions shall be entered, if required by any one of the regents present.
And to all the books and papers of the corporation every regent shall
always have access, and be permitted to take copies of them.
And be it further enacted by the authority aforesaid^ That it shall and Reflrents to
may be lawful to and for the said regents, and they are hereby author- ^iL^
ized and required, to visit and inspect all the colleges academies and and aoade-
schools which are or may be established in this State, examine into the ™ ^'
state and system of education and discipline therein, and make a yearly
report thereof to the legislature; and also to visit every college in this
State once a year by themselves or by their committees, and yearly to
report the state of the same to the legislature ; and to make such bye
laws and ordinances, not inconsistent with the constitution and laws of
the State as they may judge most expedient for the accomplishment of
the trust hereby reposed in them. And in case the trustees of *he said
526
LAWS OF NEW YORK.
[Chap. 82.
Honorary
deirrees
may be
conierred.
Funds to
be applied
for promo-
tion of
literature.
Annual
meetings.
Tncorpor»-
tlon of
colleges.
Columbia
college.
colleges or any of them shall leave the office of president of the college,
or the trustees of any academy shall leave the office or place of principal
of the academy vacant, for the space of one year, it shall in all such
cases be lawful for the regents, unless a reasonable cause shall be assigned
for such delay, to their satisfaction, to fill up such vacancies, and the
persons by them appointed, shall continue in office during the pleasure
of the regents, and shall respectively be received by the college or acad-
emy, to which they may be appointed, and shall have all the powers, and
exactly the same salary, emoluments and privileges, as his next immedi-
ate predecessor in office enjoyed, if any predecessor he had; if not, then
such salary, as the regents shall direct, to be paid by the trustees, who
shall, out of the funds or estate of their college or academy, be compel-
lable by the said president or principal to pay the same.
And be it further enacted by the authority aforesaid^ That the said
regents shall have the right of conferring by diplopias* under their com-
mon seal, on any person or persons whom they OJay think worthy thereof,
all such degree or degrees, above or beyond those of bachelor or master
of arts, as are known to and usually granted by any university or col-
lege in Europe.
And be it further enacted by the authority aforesaid^ That it shall
and may be lawful, to and for the said regents, from time to time, to
^pply such part of their estate and funds in such manner as they may
think most conducive to the promotion of literature and the advance-
ment of useful knowledge within this State. Prainded always^ that where
grants shall be made to them, for certain uses and purposes therein
expressed and declared, the same shall not be applied, either in the
whole or in part, to any other uses.
And be it further enacted by the authority aforesaid^ That the regents
shall annually meet on the second Thursday next after the senate and
assembly, at the annual session of the legislature, shall have formed a
quorum respectively, and at the assembly chamber, immediately after
the assembly shall have adjourned. That the said regents at suce meet-
ings, and all others, may adjourn from time to time, not exceeding ten
days at any one time.
And be it further enacted by the authority aforesaid^ That any citizen
or citizens, or bodies corporate, within this State, being minded to found
a college at any place within the same, he or they shall, in writing, make
known to the regents, the place where, the plan on which, and the funds
with which it is intended to found and provide for the same, and who
are proposed for the first trustees ; and in case the regents shall approve
thereof, then they shall declare their approbation by an instrument under
their common seal, and allow a convenient time for completing the same.
And if at the expiration of the said time it shall appear to the satisfac-
tion of the regents, that the said plan and propositions are fully exe-
cuted, then they shall, by act, under their common seal, declare, that
the said college, to be named as the founders shall signify, and with such
trustees, not exceeding twenty four, nor less than ten, as they shall name,
shall fortwith become incorporated, and shall have perpetual succes-
sion and enjoy all the corporate rights and privileges enjoyed by Colum-
bia college, herein after mentioned.
And be it further enacted by the authority aforesaid^ That the charter
heretofore granted to the governors of the college of the province of
New York, in the city of New York, in America, dated the thirty first
day of October, in the year of our Lord one thousand seven hundred
and fifty four, shall be, and hereby is fully and absolutely ratified and
confirmed, in all respects, except that the college thereby established
Chap. 82.J TENTH SESSION. 527
shall be henceforth called Columbia College. That the style of the said
corporation shall be the trustees of Columbia college in the city of New
York, and that no persons shall be trustees of the same in virtue
of any offices, characters or descriptions whatever ; excepting also
such clauses thereof, as require the taking of oaths and subscribing the
declaration therein mentioned ; and which render a person inelligible
to the office of president of the college on account of his religious
tenets, and prescribe a form of public prayer to be used in the said
college ; and also excepting the clause thereof which provides, that the
bye laws and ordinances to be made in pursuance thereof, should not
be repugnant to the laws and statutes of that part of the kingdom of
Great Britain called England. Except alsoy that in all cases where
fifteen governors are required to constitute a quorum for the dispatch
of business, thirteen trustees shall be sufficient. Provided always^ that
the bye laws and ordinances to be made by the trustees of the said
Columbia college shall not be contrary to the constitution and laws of
this State.
And be it further enacted by the authority aforesaid^ That James Duane, Trustees
Samuel Provost, John H. Livingston, Richard Varick, Alexander Ham- bia^S^e.
ilton, John Mason, James Wilson, John Gano, Brockholst Livingston,
Robert Harpur, John Daniel Gross, Johan Christoff Kunze, Walter
Livingston, Lewis A. Scott, Joseph Delaplaine, Leonard Lispenard,
Abraham Beach, John Lawrance, John Rutherford, Morgan Lewis,
John Cochran, Gershom Seixas, Charles McKnight, Thomas Jones,
Malachi Treat, Samuel Bard, Nicholas Romein, Benjamin Kissam and ,
Ebenezer Crossby shall be, and they are hereby constituted and declared
to be the present trustees of Columbia college in the city of New York,
and that when by the death or resignation or removal of any of the said
trustees, the number of those trustees shall be reduced to twenty four,
then and from thenceforth the said twenty four trustees shall be, and
they hereby are declared, and constituted trustees of the said Columbia
college in perpetual Accession, according to the true intent and mean-
ing of the said charter ; and all vacancies thereafter shall be supplied
in the manner thereby directed.
And be it further enacted by the authority aforesaid^ That all and Powers of
singular the power authority rights privileges franchises and immunities Columbia'
so l|eretofore granted to and vested in the said governors of the college college,
of the province of New York, in the city of New York in America, by
the said charter, excepting as before excepted, shall be, and the same
hereby are granted to, and vested in the trustees of Columbia college in
the city of New York, and their successors forever, as fully and effectu-
ally to all intents and purposes as if the same were herein particularly
specified and expressed ; and all and singular the lands, tenements,
hereditaments and real estate, goods, chattels, rents, annuities, monies,
books, and other property, whereof the said governors of the college of
the province of New York in the city of New York, in America, were
seized, possessed or entitled, under and in virtue of the said charter,
or with which the regents of the said university were invested under
or by virtue of the said acts, for the use or benefit of the said Columbia
college shall be, and the same hereby are granted to, and vested in the
said trustees of Columbia college, in the city of New York, and their
successors forever, for the sole use and benefit of the said college, and
it shall and may be lawful, to and for the said trustees and their suc-
cessors, to grant, bargain, sell, demise, imi>rove and dispose of the same,
as to them shall seem meet ; provided always, that the lands given and
granteb to the governors of the college of the province of New York
528 LAWS OF NEW YORK. [Chap. 82.
in the city of New York, in America, by the corporation heretofore
styled, The rector and inhabitants of the city of New York in commu-^
nion of the church of England as by law established, on part whereof
the said college is erected, shall not be granted for any greater estate^
or in any other manner, than is limited by the said charter.
Special And be it further enacted by the authority aforesaid^ That when any
"fTiust^s. special meeting of the trustees of the said college shall be deemed
necessary, it shall and may be lawful, to and for the senior trustee
of the said college then in the city of New York, and taking upon
himself the exercise of the office (which seniority shall be deter-
mined according to the order in which the said trustees are named in
this act, and shall be elected hereafter) and he is hereby authorized and
required, on application for that purpose, in writing, under the hands
of any five or more of the said trustees, to appoint a time for such
special meeting, in some convenient place with the said the said* city,
and to cause due notice thereof to be. given in the manner directed by
the said charter.
And whereas academies for the instruction of youth in the languages,
and other branches of useful learning have been erected and instituted
in different parts of this State, by the free and liberal benefactions of
corporations, as well as individuals; and the regents of the university
having represented, that the appointment and incorporation of trustees
for each of the said academies, with Competent powers to manage the
funds already appropriated, and the donations which may be made to
such academies, and to superintend the morals and education of the
scholars, and the conduct of the principal, masters and teachers, would
greatly conduce to their security and prosperity. Therefore
Incorpora- J3e it further enacted by the authority aforesaid, That upon the appli-
awidemies. cs-tion of the founders and benefactors of any academy, now or here-
after to be erected or established, within any of the cities or counties
of this State, or as many of them as shall have contributed more than
one half in value of the real and personal property and estate, collected
or appropriated for the use and benefit thereof, by an instrument in
writing, under their hands and seals, to the regents of the university,
expressing their request that such academy should be incorporated, and
be subject to the visitation of the regents, nominating in such instru-
ment the trustees, not more than twenty four or less than twelve^ for
such academy, and specifying the name by which the said trustees shall
be called and distinguished, and whenever any such request shall be
made to the said regents, they shall in every such case, if they conceive
such academy, calculated for the promotion of literature, by an instru-
ment under their common seal, signify their approbation of the incor-
poration of the trustees of such academy, named by the founders
thereof, by the name mentioned in and by their said request in writing;
which said request in writing, and instrument of approbation by the
said regents, shall be recorded in the secretary's office of the state.
Trustees of And be it further enacted by the authority aforesaid, That the trustees
po¥ws^a^d so constituted, shall be the first trustees for the academy for which they
duties. shall be appointed, and immediately after recording the said request in
writing, and instrument of approbation, shall be legally invested with
all the real and personal estate appertaining to such academy, or in any
wise given or granted for the use thereof ; and the said trustees from
the time of their appointment as aforesaid, and their successors forever
thereafter, shall be a body corporate and politick, in deed, fact and
• So in original
Chap. 82.] TENTH SESSION. 529
name, known and distinguished by the name and style to be expressed
in the said instrument; and by that name shall have perpetual succes-
sion, and be capable in the law to sue and be sued, and defend and be
defended, in all courts, and in all causes, plaints, controversies, matters
and things whatsoever; and by the same name and style, they and their
successors shall lawfully hold, use and enjoy, the lands, tenements and
hereditaments, in any wise appertaining to the academy for which they
shall be constituted trustees ; and shall and ma/ lawfully have, take,
acquire, purchase and enjoy, lands, tenements and hereditaments, and
use and improve such goods and chattels, in such manner as they shall
judge to be most beneficial for such academy; Provided that the annual
revenue or income arising from the real and personal estate of any such
academy, shall not exceed the value of four thousand bushels of wheat;
any law, usage or custom to the contrary notwithstanding.
And be it further enacted by the authority aforesaid^ That it shall and id.
may be lawful to and for such trustees, and their successors forever, to
have and use a common seal, and the same to alter, break and make a
new one at their pleasure. And as often as any three or more of the
said trustees shall think fit, and signify their request, the senior trustee
actually exercising his office, and residing within three miles of such
academy, shall call a meeting of the said trustees, at such convenient
time and place as he shall appoint, not less than eight nor more than
twelve days from the time of such request, of which previous notice in
writing shall be affixed on the door of the academy, and of the church
nearest thereto, within two days after such appointment ; and at every
such meeting,, the senior trustee shall preside; such seniority in all cases
to be determined according to the order of their nomination in the said
instrument, or according to the priority of election after all the first
trustees shall become extinct: And the major part of such trustees
shall always be a sufficient quorum to proceed on business, and shall
have full power and authority to adjourn from time to time, not exceed-
ing seven days at any one time, as the duties of their trust may require.
And it shall and may be lawful to, and for such quorum of the said
trustees, when assembled, and met in manner aforesaid, or the major
part of them, from time to time to appoint a treasurer and clerk, princi-_
pal, masters, tutors, teachers and other necessary officers; to ascertain
their respective salaries, and to remove and displace any of them at their
pleasure ; and to make bye-laws for the admission, education, govern-
ment and discipline of the scholars or students, and the establishment
of the price or terms of tuition ; for securing, revising and paying out
and disposing of the revenues, and in general for conducting and man-
aging the estate, business and affairs of the said academy, and every
matter and thing relating thereto, in such manner as they shall judge to
be most conducive to its interest and prosperity, and the end of their
trust.
And in order to preserve the succession of trusees for the said acade-
mies respectively.
Be it further enacted by the authority aforesaid^ That whenever a Vacande*.
vacancy shall happen in any corporation of trustees, by the death, res-
ignation or refusal to act, of any trustee, it shall and may be lawful, to
and for the trustees of such academy, and they are hereby authorized
and required, at any legal meeting of the trustees, to elect and choose a
fit person to fill up and supply such vacancy.
And for the greater encouragement of such academies, and to render
them more useful and respectable ;
Vol. 2. — 67
530 LAWS OF NEW YORK. [Chap. 82.
Regenteto Be tt further enacted by the authority aforesaid. That the regents of
ofwMide^ the university shall be visitors of such academies, and the chancellor,
™*««- vice chancellor, or a committee of the regents, shall as often as they see
proper, visit such academies, to enquire into the state and progress of
literature therein.
Admiaslon And be it further enacted by the authority aforesaid^ That when any
WacoU^e. scholar who shall be educated at any of the said academies, on due
examination by the president and professors of Columbia college, or
any other college subject to the visitation of the said regents, shall be
found competent in the judgment of the said president and professors,
to enter into the sophimore, junior or senior classes of such colleges
respectively, such scholar shall be entitled to an admission into such of
the said classes, for which he shall be so adjudged competent, and shall
be admitted accordingly, at any one of the quarterly examinations of
such respective classes. Provided always^
I<L And be it further enacted by the authority aforesaid^ That to entitle
the scholars of any such academy to the privileges aforesaid, the trustees
thereof shall lay before the regents of the said university, from time
time, the plan or system proposed to be adopted for the education of
the students in each of the said academies respectively, in order that
the same maybe revised and examined by the said regents, and by them
be altered or amended, or approved and confirmed, as they shall judge
proper.
Colleges, And be it further enacted by the autJwrity aforesaid^ That whenever it
Trnfes^^ shall appear to the said regents, that the state of literature in any acad-
be erect3C/emy is so far advanced, and the funds will admit thereof, that it maybe
expedient that a president be appointed for such academy ; the said
regents shall in such case, signify their approbation thereof under their
common seal, which being entered of record as aforesaid, shall authorize
the trustees of such academy to elect a president, who shall have, hold
and enjoy, all the powers that the president of any college, recognized
by this act, shall or may lawfully have, hold and enjoy; and such
academy thereafter, instead of being called an academy, shall be called
and known by the same name it was called while it was an aca'demy,
except that the word college shall be used in all cases instead of the
word academy ; and be subject to the like rules, regulations, controul
and visitation of the regents, as other colleges mentioned in this act.
President And be it further enacted by the authority aforesaid^ That no presi-
?(^ore^ dent or professor shall be ineligible for or by reason of any religious
eligibility, tenet or tenets that he may or shall profess; or be compelled by any law,
®^* or otherwise, to take any test oath whatsoever; and no professor or tutor
of any college or academy recognized by this act, shall be a trustee of
any such college or academy, nor shall any president of any college, or
principal of any academy, who shall be a trustee, have a vote in any
case relating to his own salary or emoluments, nor shall any trustee,
president, principal, tutor, fellow or other ofiicer, of any college or
academy, be a regent of the university.
Same per- And be it further enacted by the authority aforesaid^ That whenever
actM°°*^' any person, now or hereafter appointed a trustee of any college or
a«eDtand academy, shall be appointed or elected a regent of the university, and
trustee. whenever any person being a regent of the university, shall be appointed
or elected a trustee of any college or academy, such person so appointed
or elected shall on due notice thereof decide and elect in which of the
said places he will serve, and by writing under his hand shall make
known such election, whether of refusal or acceptance, to those by
whom he was elected, to the end, that such appointment may take effect,
Chap. 83.] TENTH SESSION. 531
in case he accept it, or that they proceed to a new appointment, in case
he refuse it. ,
And be it further enacted by the authority aforesaid^ That the act enti- Acta
tied "An act for granfing certain privileges to the college heretofore JJS^lJd.
called Kings college, for altering the name and charter thereof, and
erecting an university within this State," passed the ist day of May
1784," and the act entitled **An act to amend an act, entitled "An act
for granting certain privileges to the college heretofore called Kings
college, for altering the name and charter thereof, and erecting an uni-
versity within this State," passed the 26th day of November, 1784," be,
and they are hereby severally repealed.
CHAP. 83.
AN ACT acceding to the act of Congress of the second day of
August, one thousand seven hundred and eighty six.
Passed the 13th of April, 1787.
Whereas the United States in Congress assembled, in and by their Proambie.
act of the second day of August one thousand seven hundred and eighty
six, have made a ri^quisition on this State, for the sum of one hundred
and eighty five thousand, five hundred and sixty seven dollars, to be
paid into the treasury of the United States, in specie, and likewise the
further sum of one hundred and thirty seven thousand, four hundred
and thirty four dollars, to be paid in indents of interest, on loan office
certificates, and upon other certificates of the liquidated debt of the
United States. Therefore,
Be it enacted by the People of the State of Neut York^ represented in Treasurer
Senate and Assembly^ and it is hereby enacted by the authority of the same^ mo^s to
That it shall be lawful for the treasurer of this State, and he is hereby \^^
required, to pay to the Continental loan officer within this State, or to
the order of the United States in Congress assembled, the aforesaid sum
of one hundred and eighty five thousand, five hundred and sixty seven
dollars, and also the further sum of one hundred and thirty seven thous-
and, four hundred and thirty four dollars, in certificates issued, or to be
issued, in payment of the interest of the domestic debt of the United
States, agreeable to the requisition of Congress of the second day of
August, one thousand seven hundred and eighty six.
Provided nevertheless, \\i2Lt it shall be lawful for the said treasurer, and
he is hereby required to deduct out of the aforesaid sum of one hundred
and eighty five thousand, five hundred and sixty seven dollars, so to be
paid into the treasury of the United States as aforesaid, the sum of
twenty nine thousand three hundred and three dollars and twenty four
ninetieths of a dollar, being the ballance due to this State, for monies
overpaid on former requisitions of the thirtieth of October one thousand
seven hundred and eighty one, and subsequent thereto; together with
all such sum or sums as shall be paid on or before the first day of June
next, for the pensions of invalids who are inhabitants of this State, and
all such sum or sums of money as the said treasurer shall on or before
the first day of July next pay out of the treasury of this State in pur-
suance of an act entitled **An act making provision for officers, soldiers
and seamen, who have been disabled in the service of the United
States."
532 LAWS OF NEW YORK. [Chap. S^.
Receipts of And be it further enacted by the authority aforesaid^ That of the monies
hbw^ap?' i^ow in the treasury of this State, or which shall hereafter come into the
pUed. same, for any duties or taxes heretofore imposed or laid, or hereafter to
be imposed or laid, and which may not have been already otherwise
appropriated, or so much thereof as may be necessary, shall be applied
by the treasurer, and he is hepcby required to apply and pay the same, '
in manner following, that is to say, so much thereof as shall be requisite
for that purpose, shall in the first place be applied, to the payment of
the civil list and contingent expences of this State, as the same may be
hereafter specified and provided for; and out of the residue thereof a
sum sufficient to discharge one half the amount of the requisition afore-
said, after such deduction thereout as aforesaid, shall, as soon as the
same shall come into the treasury, be applied towards the payment of
the said requisition ; and the remaining half of the amount of the
requisition aforesaid, shall be paid out of any monies which shall remain
or come into the treasury, and be unappropriated at the adjournment
of the legislature, at their present session.
Loan office And be it further enacted by the authority aforesaid^ That the said
tobetraiS? treasurer, shall, from time to time transmit to the Contnental loan officer
Slntt?*^ within this State, all such loan office certificates issued out of the said
nentailoan loan office, as now are, or hereafter from time to time, shall come into
officer. j^jg i^ands, and all other certificates of the liquidated debts of the United
States, which by any law of this State, are, or may be receivable in the
treasury, and have the interest settled and certified, agreeable to the
directions of the aforesaid act of the United States, in Congress assem-
bled, of the second day of August, one thousand seven hundred and
eighty six. And that the said treasurer shall also transmit all such loan
office certificates as have been issued out of the loan offices of any other
of the United States, and which now are, or may hereafter from time to
time come into his hands, to the loan officers from which such loan
office certificates respectively issued, and have the interest settled and
certified as by the said act of Congress is directed; and the interest due
on all such loan office certificates as aforesaid, and upon all other certifi-
cates of the liquidated debts of the United States, so settled and certi-
fied as aforesaid, shall pay towards the discharge of the aforesaid sum
of one hundred and thirty seven thousand, four hundred and thirty four
dollars, so to be paid into the treasury of the United States as aforesaid.
And for preventing the depreciation of certificates to be issued in pur-
suance of the said act of Congress, of the second day of August one
thousand seven hundred and eighty six.
Ifguffldent Be it further enacted by the authority afore said ^ That if on the first
certiflcatea day of July, one thousand seven hundred and eighty seven, certificates
Dot re- so to be issued as aforesaid, to the amount of the said sum of one hundred
blilSoeto and thirty seven thousand, four hundred and thirty four dollars, shall
specfef *" "o^ ^^ ^^ ^^ hands of the treasurer of this State, or shall not by him,
before that time, be paid to the Continental loan officer within this
State, or to the order of the United States in Congress assembled, the
deficiency shall be paid into the Continental treasury, or to the order of
the United States in Congress assembled, in specie, by the treasurer of
this State, out of any monies which may be in the treasury.
Chap. 84.] TENTH SESSION, 533
CHAP. 84.
AN ACT to remove certain obstructions in tne navigation of
Hudsons river.
Passed the 13th of April, 1787.
Whereas it has been represented to the legislature, that it is neces- Preamble,
sary, that certain obstructions in the navigation of Hudsons river should
be removed. Therefore,
Be it enacted by the People of the State of New York, represented in Tonnase
Senate and Assembly, and it is hereby enacted by the authority of the same, Jj]^ p^""
That every vessel, of the burthen of ten tons or upwards, which shall ing the
from and after the fifteenth day of May next, cross the bar in the said ^^ "* '
river, about three miles below the city of Albany, commonly called the
Overslagh, in ascending the said river, shall pay a tonnage of three-
pence for every ton such vessel shall measure, as often as such vessel
shall cross the said bar in ascending the said river. Provided, that no
scow shall be subject to the payment of such tonnage.
And be it further enacted by the authority aforesaid. That it shall and Major.etc.,
may be lawful to and for the mayor, aldermen and commonalty of the tiap^nt
city of Albany, in common council convened, from time to time, and as commia-
often as they shall deem it necessary, to appomt one or more commis- clerk td
sioner or commissioners not exceeding three, and a clerk, for the pur- JhiJ^ct!^
poses herein after mentioned. That the said commissioner or com-
missioners shall not receive any fee or reward, for any service to be
performed by him or them, in pursuance ot this act.
And be it further enacted by the authority aforesaid, That every master, Account to
or person having the command of any vessel, shall within two days after |^ clerk;
such vessel shall have crossed the said bar, in ascending the said river, meMUPel
make report to the said clerk of the dimensions of such vessel, which yesseu.
report the said clerk shall enter in a book, to be kept by him for that
purpose ; and if any master or person having the command of such
vessel, shall make a report, which such clerk shall have reason to believe
is fraudulent, it shall and may be lawful to and for such clerk, to cause
a fit person to survey and take the exact dimensions of such vessel, and
compute her tonnage in the manner following, that is to say, three fifths
of the beam to be deducted from the length of the maindeck, the remain-
der multiplied by the breadth of the beam, that sum multiplied by half
the breadth of the beam for the depth of the hold, that divided by ninety
five to be deemed the contents of the vessel in tons ; but if such vessel
shall be a single decked vessel, to multiply her length and breadth by
her depth in the hold from skin to skin, and divide the same by ninety
five as aforesaid ; and if upon such survey and calculation, it shall
appear that the number of tons contained in such vessel exceed the
tons mentioned in such report, the master or person having the com-
mand of such vessel, shall be subject to the payment of the sum of five
shillings, for every ton which the tonnage of such vessel, shall exceed
the number of tons mentioned in such report ; and that if any master
or person having the command of any vessel, crossing the said bar in
ascending the said river as aforesaid, shall neglect or refuse to make
such report, within the time for that purpose herein before limited,
every^ such master or person, having the command of such vessel, shall
forfeit for every such neglect or refusal, the sum of thirty shillings.
534
LAWS OF NEW YORK.
[Chap. 84.
Tonnage
duty, pay-
ment of;
penalty.
Forfeiture,
how recov-
ered.
Clerk to
tf\Ye bond.
Forfeiture
for trying
to evade
tonnage
duty.
Tonnage
duty, ap-
plication
of moneys
received
for.
Accounts
to be ren-
dered.
Provided^ that no person shall be compelled to make report of the
contents of any vessel more than once in any year, such year to be com-
puted to commence from the first day of March in every year, but shall
nevertheless, make report of the arrival of such vessel, as often as such
vessel shall cross the said bar.
And be it further enacted by the authority aforesaid^ That the said ton-
nage, shall be paid to such clerk within three days after any vessel, sub-
ject to the payment of tonnage, shall have crossed the said bar ; and
that if any person, subject to the payment of the said tonnage, shall
neglect or refuse to pay the same longer than the time for that purpose
herein before limited, he shall forfeit the sum of three pounds for every
such neglect or refusal.
And be it further enacted by the authority aforesaid^ That all forfeit-
ures to be incurred for neglect or refusal, of any matter or thing required
by this act, shall and may be recovered in an action of debt with costs^
by and in the name of such clerk, before the mayor, recorder or any
one of the aldermen of the city of Albany, or any justice of the peace,
of any county in this State, and shall be paid and applied in like man-
ner, as the product of the said tonnage, is herein directed to be paid
and applied.
Ami be it furt?ur enacted by the authority aforesaid^ That the clerk to
be appointed as aforesaid shall, previous to his performing any of the
duties enjoined on him by this act, take an oath before the mayor,
recorder or any one of the aldermen of the city of Albany, well, faith-
fully and impartially to execute the duties required of him by this act,
according to the best of his knowledge and abilities ; and shall enter
into a recognizance, before such mayor or recorder, to the chamberlain
of the said city of Albany, in the sum of five hundred pounds, with one
sufficient surety in the sum of two hundred and fifty pounds, condi-
tioned, that the said clerk will faithfully and impartially execute the
duties required of him by this act, according to the best of his knowl-
edge and abilities.
And be it further enacted by the authority aforesaid^ That if any master
or person, having the command of any vessel, subject to such tonnage,
shall, with intent to evade the payment of the said tonnage hereby
imposed on such vessel, sail from any part of the said river, above the
said bar, to any part of the said river below the said bar, without hav-
ing paid the said tonnage, every master or person having the command
of such vessel, shall for every such offence, forfeit the further sum of
ten pounds.
And be it further enacted by the authority aforesaid^ That the said clerk,
shall be allowed for his services, a sum not exceeding ten per cent on
all monies, actually received by him, for and on account of the said
tonnage, to be retained out of the monies t9 be raised and collected by
virtue of this act ; and that the residue of the monies, arising from the
said tonnage hereby imposed, shall from time to time be paid to the
commissioners to be appointed as aforesaid, to be by them applied for
the purpose of removing any obstructions in the navigation of the said
river, within fourteen miles of and below the city of Albany, in such
manner, as to them or a major part of them, shall in their discretion
appear fit and most effectual to remove such obstructions.
And be it further enacted by the authority aforesaid^ That the said com-
missioners, shall once in every year, render regular accounts of their
receipts and expenditures, in pursuance of the powers vested in them
in and by this act, to the mayor, aldermen and commonalty of the city
of Albany, in common council convened.
Chap. 85.J TENTH SESSION. 535
And be it further enacted by the authority aforesaid, That every vessel Exemption
crossing the bar aforesaid, upon the return of such vessel from any place n^dSty.
below the said bar, to which such vessel shall have been conveyed for
the purpose of careening only, and every vessel laden with wood or
stone, or crossing the said bar, to take in part of her lading, to be con-
veyed to New York, shall be exempted from the payment of the ton-
nage aforesaid, upon crossing the said bar in ascending the said river.
JProvided that it shall be made to appear to the clerk, that such vessel
was carried across the said bar, down the said river, for either of the pur-
poses aforesaid, and for and with no other intent or purpose whatsoever.
And be it further enacted by the authority aforesaid, That this act shall Time act to
remain in force, for the term of five years and no longer. continue.
CHAP. 85.
AN ACT to vest the estate of Richard Maitland deceased, in
trustees for the payment of his debts.
Passed the 14th of April, 1787.
Whereas by the petition of Ann McAdam of the city of New York Preamble,
widow of William McAdam deceased, Margaret Ogilvie, widow of John
Ogilvie deceased, and Judith Bruce, widow of William Bruce deceased,
it hath been represented to the legislature, that Richard Maitland,
deceased, was in his life time seized and possessed, of a considerable
real and personal estate, in the State of New York; that the said
Richard Maitland, in and by his last will and testament, bearing date
the sixteenth day of February, in the year of our Lord, one thousand
seven hundred and seventy one, did give, devise and bequeath, all his
estate, both real and personal, to his two natural sons, Richard and
Peter, children of Mary McAdam, and to the said Mary McAdam and
the child of which she was then pregnant, and their heirs, executors,
administrators and assigns respectively, equally to be divided among
them, share and share alike : That the said Richard Maitland, in and
by his said last will and testament, did request, authorize and impower,
his executors therein named, or such of them as should take upon them
the execution of his said will, to manage, govern and direct his estate,
in such manner as they, or the major part of them, should think most
for the advantage of his devisees. And in case his executors, or such
of them, as should take upon them the execution of his said will, or
the major part of them, should think fit or esteem it, for the benefit of
his devisees, he did by his said will desire, authorize and impower his
said executors, and the survivors and survivor of them, who would at
any time take upon them the execution of his said will, to grant, bar-
gain and sell all or any part or parts of his real estate ; and of his said
will did appoint Alexander Maitland, and the said William McAdam,
John Ogilvie and William Bruce deceased, the respective husbands of
the petitioners ; and Thomas Moncrief, and the survivors and survivor
of them, to be executors or executor. That after making the same will,
the said Mary McAdam had issue, one other son named John, and that
soon thereafter she was intermarried with the said Richard Maitland
and had issue another son named James, who was born after the decease
of the said Richard Maitland. That the said Richard Maitland died
sometime in the year one thousand seven hundred and seventy two,
•and that the said William McAdam, John Ogilvie, and William Bruce,
536
LAWS OF NEW YORK.
[Chap. 85.
Estate of
Richard
MalUaod,
deceased,
vented lu
trusteee
for pur-
poses
named.
proved his will, and took upon themselves the execution thereof, but
that the said Alexander Maitland and Thomas Moncrieff never became
acting executors thereof ; that the said Richard Maitland was, in his
life time, indebted to Sampson Simson, and Solomon Simpson respect-
ively, in very considerable sums ot money; and that the respective
husbands of the petitioners, together with the said Thomas Moncrieff,
became jointly and severally bound for the payment thereof, by two
several bonds, executed by them to the said Sampson Simson and Solo-
mon Simson respectively, which monies are still due; that the said
Richard Maitland was, at the time of his death, also indebted to the
said William McAdam deceased, in very considerable sums of money,
and that after the death of the said Richard Maitland, other sums of
money were paid and advanced by the said William McAdam, in his
life time, for the estate of the said Richard Maitland deceased ; part of
all which monies are unpaid, and due to the petitioner Ann McAdam,
as sole legatee and executrix of the last will and testament of the said
William McAdam deceased. And that the said Richard Maitland was,
in his life time, also indebted to other persons, all which sums of money,
are also yet due and unpaid; that the said William McAdam, John
Ogilvie and William Bruce are dead; and that the said Alexander
Maitland, resides, in that part of Great Britain, called England ; and
the said Thomas Moncrieff in Halifax, or some other part of the British
Dominions ; and have never taken upon themselves the executorship of
the will of the said Richard Maitland deceased. That all the children
of the said Richard Maitland deceased, are infants, and that the two
eldest reside in that part of Great Britain called England, and the two
youngest in the State of New Jersey ; that by reason of the death of
the said William McAdam, John Ogilvie and William Bruce, and the
absence of the other executors aforesaid, the estate of the said Richard
Maitland deceased, cannot be sold and disposed of, for the payment of
his debts, and the maintenance and support of his widow and children,
in the manner directed by his will ; and thereupon praying, that the
estates, both real and personal, of the said Richard Maitland deceased,
may be by law, vested in trustees, and that the whole or such part thereof,
as may be necessary for those purposes, may be directed to be sold, as
well for the payment of the debts due therefrom, as for the maintenance
and education of the children of the said Richard Maitland deceased.
And the prayer of the said petitioner, appearing to be just and reason-
able, Therefore
Be it enacted by the People of the State of New York^ represented in
Senate and Assembly^ and it is hereby etiacted by the authority of the same^
That all the estate, real and personal, of the said Richard Maitland
deceased, shall at and immediately after the passing of this act, be, and
the same is hereby vested in trustees, to wit, Daniel McCormick, Wil-
liam Cockbum and Richard Varick, their heirs and assigns; who are
hereby authorized and impowered, as soon as may be convenient, to sell
and dispose of, all or so much of the same real and personal estate, of
the said Richard Maitland deceased, as they may deem sufficient, to
pay and discharge the debts due therefrom; at such time and times, in
such manner to such person or persons, and for such sum or sums of
money, as they the said trustees or the survivors or survivor of them, or
the heirs of such survivor, shall deem most conducive to the interest of
the devisees, of the said Richard Maitland deceased, and their repre-
sentatives; and to seal execute and deliver, good and sufficient deeds
and conveyances, to the purchaser or purchasers of such real estate ;
which sale, or sales, so made, and the deeds and conveyances for the
Chap. 85.] TENTH SESSION. 537
same, by the said trustees, or the survivors or survivor of them, or the
heirs of such survivor, are hereby declared to be good and effectual, to all
intents and purposes, in law and equity, to vest in such purchaser or
purchasers, the whole estate, right, title, property and interest, which
the said Richard Maitland deceased, had in such real estate, and every
part thereof, at the time of his death.
And be it further enacted by the authority aforesaid. That the said Trustees
trustees, and the survivors and survivor of them, and the heirs, execu- 1™?^^ gue
tors and administrators of such survivor, and every of them, are hereby to recover
authorized, impowered and required, (in case it shall become necessary; ^ ^^'
in their own names, to bring one or more suit or suits in law or equity,
as the case may require, for any part or parts of the real or personal
estate of, or debts due to the said Richard Maitland deceased, or to his
executors aforesaid, or any of them, for and in behalf of the estate of
the said Richard Maitland deceased.
And be it further enacted by the authority aforesaid. That after the Appiica-
said trustees, and the survivors and survivor of them, shdl have pro- moneys ro-
ceeded to convert all the estate, real and personal, of the said Richard ceived by
Maitland deceased, or so much thereof, as they or he shall deem suffi- ''"*^®*'
cient to pay and discharge the debts due therefrom, into money, and
shall have collected the debts, due to the same estate, they or the sur-
vivors or survivor of them, or the heirs, executors or administrators of
such survivor, shall at some time after the expiration of two years, and
within two years and six months after the passing of this act, cause to
be published in two of the public newspapers printed in the city of New
York, for four weeks at the least successively, a notification of a time
and place, in the said city, at which the said trustees or any two of them,
or the survivors or survivor of them, intend to meet, to make a dividend
or distribution among the creditors; and thereby requiring all persons,
having demands against the estate of the said Richard Maitland deceased,
to produce their accounts to the said trustees; and to prove such of
their respective demands, as have not been before presented and proved.
That thereupon, previous to any dividend, debts due to the people of
this State, for taxes and quit rents, shall be first paid ; then all costs of
suit, and such other charges, expences and disbursements, as shall be
necessarily expended by the said trustees, and the allowance herein after
made to the trustees, for their care and trouble, shall be first paid: That
said trustees or any two of them, or the survivors or survivor of them,
shall then, at the said meeting, and other subsequent meetings to be
continued by adjournments, if necessary, forthwith cause a dividend or
distribution to be made of all the monies which shall have come to his
or their hands, as trustees of the estate and effects of the said Richard
Maitland deceased, among such of the creditors, as shall have then pre-
sented and duly proved, their demands. But if the said monies, shall
be insufficient, to pay to the creditors their whole demands, then to pay
to them respectively, an equal part in proportion to the debts due to
them respectively, without any preference to bonds or other sealed
instruments. And further, that if any creditor or creditors, shall neg-
lect or refuse to present and prove his, her or their demand, until after
a dividend shall have been made of the monies and effects, in the hands
of the said trustees, or the survivors or survivor of them, such creditor
or creditors, shall not be entitled to any dividend, and the whole monies
in hand to be divided, shall be divided among the other creditors.
And be it further enacted by the authority aforesaid, That in case the id.
monies to be raised by the sale of the real estate, and recovery of the
debts due the estate of the said Richard Maitland, shall be insufficient
Vol. 2.-68
538 LAWS OF NEW YORK. [Chap. 85.
to pay the whole demands of all the creditors, the said trustees or the
survivors or survivor of them, shall proceed to a sale of the remainder
of the real estate, of the said Richard Maitland deceased, in manner
above directed; and that the second dividend of the monies, arising
from such sale, shall take place within three years and six months from
the passing of this act; on the like previous notice being published in
two of the public newspapers as aforesaid. And in case any creditor or
creditors respectively, shall present and duly prove, to the trustees afore-
said, or any two of them, or the survivors or survivor of them, his, her
or their debt, or demand, as aforesaid, before the time appointed for
such second dividend, then such creditor or creditors, shall have his,
her or their first dividend, or so much money, as he, she or they would
otherwise have been entitled to in the first division, before any second
division shall be made.
Compensa- And be it further enacted by the authority aforesaid^ That the said
truBtees. trustees, and the survivors and survivor of them, shall be allowed and
shall and rtiay retain in his or their hands, for his or their care and
trouble, and the services to be performed by them, the sum of five per
cent on all the monies which shall come to their hands by virtue of this
act, before each dividend made, over and above all such costs of suit,
charges, expences and disbursements, as shall be necessarily laid out,
and expended in the premises aforesaid.
Overplus, And be it further enacted by the authority aforesaid^ That if there
posed of. shall remain any real or personal estate, after the payment of the debts
due from the estate of the said Richard Maitland deceased, as afore-
said, that then the same shall be to all intents and purposes, revested in
the devisees and legatees of the said Richard Maitland, and their law-
ful representatives, in the same manner, as the same was before the
passing of this act ; any thing herein contained to the contrary notwith-
standing.
Trustees And be it further enacted by the authority aforesaid^ That the said trus-
tachancery ^^^^ shall, before they exercise any of the powers to them hereby given,
respectively file in the court of chancery a bond to the register, or one
of the clerks of the said court, in such penalty, and with such surety and
sureties, as the chancellor shall think fit; with a condition, that they
respectively will, well and faithfully discharge the trust vested in them
by this act, and render a just account of their disposition of the said
estate, when thereunto required.
Trustees, And be it further enacted by the authority aforesaid^ That the said trus-
coimtabie ^ees shall not, nor shall either of them, or the heirs executors or admin-
foracts. istrators of either of them, be answerable or accountable for any money
to be received, by virtue of, or under the trust hereby reposed in them,
any otherwise than each person for such sum and sums of money as he
or they shall respectively, actually receive, or give a receipt or receipts
for; and that no one of them shall be answerable, for the acts receipts,
neglects or defaults, of any other of them. Provided always ^ that this act
shall not be in force, but the same is hereby suspended, until the chancellor
upon examination of the facts and circumstances in the said petition set
forth, shall certify that this act may take effect, without prejudice to any
infant or feme covert, whom it may concern: and it shall be the duty of
the chancellor upon application to him by the said petitioners, or any
of them, to examine into the said facts and circumstances; and if it shall
appear to him that this act may take effect without prejudice to any of
the persons aforesaid, to certify the same, which certificate shall be
recorded in the secretary's office ; whereupon this act shall be and
remain in full force.
Chap. 86.] TENTH SESSION. 539
CHAP. 86.
AN ACT for the more effectual collection of the arrears of the
tax therein mentioned, and for the relief of persons improperly
taxed in the city and county of New York, and for other pur-
poses.
Passed the i4ih of April, 1787.
Whereas the mayor, aldermen and commonalty of the city of New Preamble^
York, in common council convened, have by their petition, represented
to the legislature, that sundry arrears of the taxes directed to be raised
in the city and county of New York, in and by the law of this State,
entitled An act for raising one hundred thousand pounds, within the
several counties therein mentioned " are yet unpaid ; and that divers
persons have been aggrieved, as they alledge, in the assessment thereof;
that the provisions made by the legislature for collecting those arrears
and redressing the grievance complained of, have hitherto proved inef-
fectual, principally by reason that those arrears were due either from
persons who resided in the out ward, the collector of which absconded
with his assessment role or tax book, and has not, 'till lately, put it in the
the power of common council, or from persons who, between the time
of assessment and collection departed the said city ; that for hearing
and determining every claim to a reimbursement of the taxes improperly
assessed, a quorum of all the members, of the common council, is by
law made necessary; and that from the numerous complaints of injus-
tice, this duty cannot be discharged without great delay and injury to
the members of that board ; and thereupon praying, that the legislature
will make further provision in the premises ; the prayer of which said
petition appears to be reasonable. Therefore
Be it enacted by the People of the State of New York^ represented in Mayor,
Senate and Assembly y and it is hereby enacted by the authority of the same, examine
That it shall may be lawful for the mayor, recorder and aldermen of the a^essment
said city, or the major part of them, of whom the mayor or recorder i^ife^war-
always to be one, to meet together at such times and places, within the J^fjectfon
said city, as they may think proper; and to examine the assessment of arrears
rolls and rate lists, made in pursuance of the same law, what sums of speciflS.
money remain unpaid, by any of the freeholders, residents and inhabi-
tants within the several wards of the said city, of the same tax of one
hundred thousand pounds; and where they find any sum or sums of
money uncollected, and the persons or estates charged with the same,
are sufficient to pay the same, they shall issue their warrants to the col-
lectors, for the time being, of the same respective wards, in which such
sums remain unpaid, for the collection thereof: And the respective col-
lectors shall levy and collect, all such sums, and shall pay the same to
the treasurer or chamberlain of the said city, for the time being, at such
time as the said mayor, recorder and aldermen in their said warrant
shall direct, to be applied in the manner hereinafter mentioned ; after
deducting therefrom four pence in the pound, for his or their trouble,
in collecting the same.
And be it furtjier enacted by the authority aforesaid^ That in all cases. Collectors
where -the collector of any ward in the said city, shall have received any ecu^bjT
part of the tax aforesaid, and not paid the same to the treasurer of this city treas-
State, it shall be lawful for the treasurer or chamberlain of the said city, default has
for the time being, to commence and prosecute to judgment and execu- beenmada.
540 LAWS OF NEW YORK. [Chap. 86.
tion, a suit or suits, for the recovery thereof with costs, in his own name,
as treasurer or chamberlain of the said city, against such collector, his
executors or administrators, in an action on the case, for monies had
and received, for the use of the said city and county of New York ; in
which suit it shall be sufficient to set forth in the delaration, that the
collector is, or in his life time was, indebted to the said treasurer or
chamberlain, of the said city, in a certain sum, for so much money by
him, as collector of such ward, before that time had and received, for
the use of the said city and county ; and being so thereof indebted,
promised to pay the same, to the said treasurer or chamberlain, when
required ; without setting forth the special matter: And that no such
suit or action, shall be abated or discontinued, by the death, resigna-
tion or removal from office, of any such treasurer or chamberlain, but
the same shall or may be prosecuted to effect, by the successor in office.
And further^ that if any collector shall neglect the duty by this act
required of him, he shall be chargeable with the monies so directed to
be levied and collected, to be recovered by the treasurer or chamberlain
of the said city, for the time being, with costs, in manner aforesaid.
Mayor, And be it further enacted by the authority aforesaid^ That it shall and
examine "^^7 be lawful for the said mayor, recorder and aldermen of the said
Sn *wh*t" ^^^y» ^"^ ^^y ^^^ ^^ more of them, of whom the mayor or recorder always
estates are to be one, to meet together, at such times and places within the said
from the ^^^y» ^^ ^^^X "^^X think proper; and to examine whether the estates real
tax. or personal, of any, and which of the freeholders, residents or inhabi-
tants, within the several wards of the said city, were not within the
description of persons designed to be taxed by virtue of the said law;
and if any person shall make, proof to the satisfaction of the said mayor,
recorder and aldermen, or to the major part of them, who shall be so
met as aforesaid, of his, her or their being taxed, and not being within
the description of the persons designed to be taxed as aforesaid, and
that such person or persons hath, or have paid the same tax, to the col-
lector, they shall allow the same, and shall thereupon, by warrant under
their hands and seals, directed to the treasurer or chamberlain of the
said city, or the whole amount of the said sum so assessed and collected,
together with the interest of the same, from the time it was received by
the collector, to be paid to the person or persons, so improperly taxed,
or his, her or their legal representative. And if any such ta;c, which by
the said mayor or recorder and aldermen so met, shall be adjudged to
have been improperly assessed, shall not have been collected, it shall
and may be lawful for the said mayor or recorder and aldermen, so met
as aforesaid, by warrant, or order under their hands and seals, to direct
the collector of the ward in which such tax shall remain to be collected,
to surcease from collecting the same. And further^ that if the monies
to be collected in virtue of this act, shall be insufficient to pay all the
demands of the persons who shall be so as aforesaid adjudged to have
been improperly taxed, it shall be the duty of the said mayor, recorder
and aldermen, to order a rateable proportion of the monies so collected,
to be paid to the respective persons, who shall be adjudged to have^ been
improperly taxed as aforesaid. I
Inquest by And be it further enacted by the authority aforesaid^ That if any per-
ieSraine son, who shall conceive himself, or herself, not within -the description of
oxompUon, persons liable to be taxed as aforesaid, shall be desirous of having h. jury
to investigate the facts, suggested by him or her, it shall be lawflil for
the said mayor or recorder and aldermen, on the application of tljesaid
person, to issue a precept to the sheriff of the city and county o» New-
York, commanding him to summon twelve freemen or freeholcHers, of
'Chap. 86.] TENTH SESSION. 541
the said city and county, to inquire into the facts so suggested by the
person so taxed as aforesaid, at a day and place in the same precept to
be mentioned: And the said sheriff with the persons so summoned by
him as aforesaid, shall proceed to inquire into the facts suggested by
the person so taxed, and shall report the facts so found by them, under
their hands and seals, to the said mayor or recorder and aldermen; and
the said mayor or recorder and aldermen, shall determine upon the facts
reported to them, whether the said person was within the description of
persons liable to be taxed as aforesaid, or not; And in case he or she,
was not, they shall proceed to give him or her relief in manner afore-
said/ And in case the persons so summoned, shall not attend at the time
and place appointed, in the precept aforesaid, the sheriff shall summon
them, to attend at some other day and place, giving the person so taxed,
two days notice of the same; and the same fees shall be allowed to the
sheriff and jurors, for the business done in pursuance of this act, as they
are allowed on other civil inquests, and shall be paid by the party who
applied for the inquest, in case he shall be within the description of
persons liable to be taxed, in virtue of the law aforesaid; and to be
recovered by the sheriff, in any court of record having cognizance of
the same: And in case he shall not be within the description of persons
liable to be taxed as aforesaid, then the costs shall be paid by him or
her, and he or she, shall have the same relief from the mayor, recorder
and aldermen, as is provided respecting the tax so paid by him or her
as aforesaid.
And be it further enacted by the autJwrity aforesaid^ That the treasurer Compensa-
or chamberlain of the said city, shall, and may retain in his own hands, {{.^urer.
the sum of two pence in the pound, and no more, for his trouble, in
receiving and paying out the monies, by this act directed to be collected.
And further^ that if any monies so to be collected as aforesaid, shall AppUoa-
remain in the hands of the same treasurer or chamberlain, after reim- moneys
bursing the persons improperly taxed as aforesaid, in manner aforesaid, ooUeoted.
it shall and may be lawful for the said mayor, recorder and aldermen,
and they are hereby required, to order the residue of the same monies
so to be collected as aforesaid, to be applied to the purchase of such
sum in certificates issued or to be issued by the treasurer of this State,
as shall amount in nominal specie value, exclusive of interest, to the
amount of the arrears due from the city and county of New York, and
to pay the certificates so purchased, into the treasury of this State, on
or before the first day of January next, in discharge of such arrears,
any thing in this or any other act to the contrary hereof, in any wise
notwithstanding.
And be it further enacted by the authority afore said. That the act -^^^^g.
entitled "An act for the relief of persons improperly taxed " and the Jljealed. *
act entitled *'An act for the more effectual collection of the arrears of
taxes," so far as the same extend to the city and county of New York,
be, and the same hereby are severally repealed.
And whereas Philetus Osborn, collector of taxes in the township of
East Hampton in the county of Suffolk, is confined in gaol, for not
having collected the tax laid in the said town, by virtue of the said act,
entitled "An act for raising one hundred thousand pounds within the
counties therein mentioned." And whereas^ the amount of the said tax,
has been paid into the treasury of this State, and the monies now to be
collected are to be applied to the use of the said county; and the said
Philetus Osborn hath prayed a further time to collect the arrears of the
said taxes, therefore.
542
LAWS OF NEW YORK.
[Chap. 87.
Pbiletus Be it further enacted by the authority aforesaid^ That it shall and may
dfschMged be lawful, for the sheriff to discharge the said Philetus Osborn, from his
fromira- confinement. And that it shall and maybe lawful for him the said
ment°'to Philetus Osbom, and he is hereby authorised and required, to collect
w^th^coi- *^^ arrears of the said taxes, and to pay the same to the treasurer of the
lectioQ. said county; and if he shall not collect and pay the same, before the
first day of June next, he shall be liable to be prosecuted for his default,*
in the same manner as he was when he was prosecuted as aforesaid.
CHAP. 87.
AN ACT for the relief Jesse Hunt.
Passed the i6th of April, 1787.
Preamble Wherea$ Jesse Hunt late sherif of the county of Westchester, hath
by his petition represented that he was sherif of the county 01 West-
chester from the nineteenth day of March one thousand seven hundred
and eighty-one, to the nineteenth day of March one thousand seven
hundred and eighty-five ; that the gaol of the said county was destroyed
in 1776, and there being no place for the confinement of prisoners on
civil process, until the legislature by an act passed the 2d of March
1784, authorized the sherif of the said county to repair the gaol in the
late borough of Westchester, and to confine prisoners therein on civil
process until such time as a gaol could be built in the said county and
which gaol was not repaired until the fifteenth of June following. That
during the said sherifs continuance in office, and previous to the repair-
ing of the gaol at the said borough of Westchester, he was frequently
under the necessity of returning cepi corpus on process, when in fact
he could not get bail for many persons, who knowing that there was no
gaol, absolutely refused to give bail on arrest, by which means the said
Jesse Hunt has become exposed to many suits for escapes on mesne
process ; and to exonerate him from which, he has prayed the inter-
vention of the legislature. Therefore
Jesse Hunt Be it enacted by the People of the State of Neiv York^ represented in
reUef tn Senate and Assembly, and it is hereby enacted by the authority of the same^
actions for That in any action or suit whatsoever, which has been or may be
escapes. ^j-Qug^t against the said Jesse Hunt for any escape which happened
before the fifteenth day of June one thousand seven hundred and eighty
four, it shall be lawful for the said Jesse Hunt to plead the general
issue, and give the special matter in evidence. And if upon the trial of
such issue, it shall be made appear to the satisfaction of the jury, that
such escape was wholly owing to the want of a sufficient gaol in the
said county, and not to any neglect, omission or misconduct of the said
Jesse Hunt, the said jury shall find a verdict for the defendant, and he
shall be thereupon discharged from such suit or action.
Chap. 88.J TENTH SESSION. 543
CHAP. 88.
AN ACT for regulating the buildings, streets, wharfs and slips,
in the city of New York.
Passed the i6ih of April, 1787.
Whereas for the encouragement of the trade and commerce of this Preamble.
State, it is necessary, that the buildings, streets, wharfs and slips in the
city of New York, should be regulated with uniformity, for the accom-
modation of habitations, shipping and transportation; wherefore^ to
remove all impediments or obstruction that may retard so necessary a
work;
Be it enacted by the People of the State of New York, represented in Common
Senate and Assembly, and it is hereby enacted by the authority of the same, may°re«u-
That it shall and may be lawful, to and for the mayor, aldermen and late erec-
commonalty of the city of New York, in common council convened, buUdtngs;
from time to time, to make such bye-laws, ordinances, rules and orders ^U[t°^
for the better regulating and arranging with uniformity, such new build- city sur-
ings, as shall, after the passing of this act, be erected for habitations, or ^®y<^'«
for the purposes of trade and commerce; and also for regulating and
altering the streets, wharfs and slips in such manner as shall be most
commodious for shipping and transportation; and also at their will and
pleasure, from time to timef to nominate and appoint two or more dis-
creet and intelligent persons to be the surveyors of the buildings, streets,
wharfs and slips of the said city, whose office and duty it shall be, to
direct and see that all buildings, streets, wharfs and slips, to be laid out
or altered in the said city, be regulated with uniformity, for the accom-
modation of habitations, shipping , trade and commerce, according to
such bye-laws, ordinances, rules and orders, as by the common council
of the said city shall be for that purpose, from time to time, ordained
and established; which said surveyors shall respectively, before they
enter upon the duties of their said offices, take the following oath, before
the mayor or recorder, vizt " I appointed a surveyor of the city
of New York, do swear in the presence of Almighty God, that I will
faithfully, truly, and impartially execute the office of one of the surveyors
of the same city."
And whereas in the laying out of new lots of ground for buildings,
controveries may arise, by reason that a lot or lots, if built upon to their
full extent, would incommode and obstruct some street of the said city,
and be hurtful to the trade and health of the inhabitants thereof:
Therefore
Be it further enacted by the authority aforesaid, That it shall and Encroach-
may be lawful, to and for the mayor aldermen and commonalty of the streeta'io
said city, in common council convened, to hinder and prevent any be pre-
building or buildings, that may narrow or encroach upon any street [^i^^ out
within the said city: And if in the doing thereof, or in the laying out *« streets,
for the future, any streets, wharfs or slips, they shall require for such
purposes, the ground of any person or persons, they shall give notice
thereof to the owner or parties interested in such ground, or his, her or
their agent or legal representative: And to the end that reasonabje sat-
isfaction may be made for all such ground as shall be necessary for the
uses aforesaid, the said common council shall and may treat with
the owners or persons interested therein, or his, her or their agent or
legal representative; and if any such owner or owners shall refuse to
544 LAWS OF NEW YORK. [Chap. 88.
treat in manner aforesaid, then and in such case, it shall and may be
lawful, to and for the mayor or recorder, and any two or more aldermen,
by virtue of this act, by a precept under their hands and seals, to com-
mand the sherif of the said city and county of New York, to impannel
and return, and he is hereby required to impannel and return, a jury, to
\ appear before the mayors court of the said city, at any term thereof, not
less than three weeks from the date of such precept, to enquire of and
assess the damages and recompence due to the owner or owners of such
ground, or his, her or their agent or legal representative, and at the
same time to summon the owner or owners of such ground, by notice,
to be left at his, her or their most usual place of abode, to appear
before such mayors court, on the day and at the place in such precept
to be specified; which jury being first duly sworn faithfully and impar-
tially to inquire into and assess the damages in question, and having
viewed the premises, if necessary shall inquire of and assess such dam-
ages and recompence, as they shall, under all the circumstances, judge
fit to be awarded to the owner or owners of such ground, for their
respective losses, according to their several interests and estates therein.
And the verdict of such jury, and the judgment of the said mayors
court thereupon, and the payment of the sum or sums of money so
awarded and adjudged to the owner or owners thereof, or tender and
refusal thereof, shall be conclusive and binding to all intents and pur-
poses, against the said owner and owners, his, her and their respective
heirs, executors, administrators and assigns, claiming any estate or in-
terest of, in, or to the same ground ; and it shall thereupon be lawful
to and for the said mayor, aldermen and commonalty of the city of New
York, and their successors, to cause the same ground to be converted to
and used for the purposes aforesaid.
And whereas the dirt and soil lying in the streets, doth often prove a
common nuisance, and very prejudicial to the health of the inhabitants
of the same city ; for remedy whereof.
Regulation Be it further enacted by the authority aforesaid^ That it shall and may
draUiar'*' be lawful, to and for the mayor, aldermen and commonalty of the said
vaults, etc. city, in common council convened, by ordinances and bye-laws for that
purpose, to be made and ordained, from time to time, and in such man-
ner as they shall judge to be most conducive to health and public con-
venience, to cause common sewers, drains and vaults to be made and
constructed in any part of the said city, and to order and direct the
pitching and paving the streets thereof ; and the cutting into any drain
or sewer already made or to be made; and the altering, amending, cleans-
ing and scouring of any street, vault, sink or common sewer within the
same city. And for the better effecting thereof, it shall and may be
lawful to and for the mayor, aldermen and commonalty of the said city
in common council convened, to cause to be made, an estimate or esti-
mates of the expence of conforming to such regulations as aforesaid, and
a just and equitable assessment thereof among the owners or occupants
of all the houses and lots intended to be benefited thereby, in propor-
tion, as nearly as may be, to the advantage, which each shall be deemed
to acquire respectively. And in order that the same may be faithfully
and impartially performed, the said common council shall, from time to
time, appoint five sufficient and disinterested freeholders, for every such
purpose, who, before they enter upon the execution of their trust, shall
be duly sworn, before the said mayor or recorder, to make the said esti-
mate and assessment, fairly and impartially, according to the best of
their skill and judgment, and a certificate in writing of such estimate
and assessment, being returned to the said common council, and ratified
Chap. 88.J TENTH SESSION. 545
by them, shall be binding and -conclusive upon the owners and occu-
pants of such lots so to be assessed respectively ; and such owners or
occupants respectively, shall thereupon become, and be liable and
chargeable, and they are hereby required, upon demand, to pay to such
person as shall be authorized by the said common council to receive the
same, the sum at which such house or lot shall be so assessed, to be
employed, & applied for and towards the making, altering, amending,
pitching, paving, cleansing and scouring such streets^ and making, con-
structing and repairing such vaults, drains and sewers as aforesaid. And
in default of payment thereof or any part thereof it shall and may be
lawful to and for the mayor, recorder and aldermen of the same city, or
any five of them, of whom the mayor or recorder always to be one, by
warrant under their hands and seals, to levy the said sum and sums of
money so assessed, by distress«and sale of the goods and chattels of the
owner or occupant of such house or lot, so assessed, and refusing or
neglecting to pay the same, rendering the overplus, if any there be, after
deducting the sum assessed, and the charges of distress and sale, to such
owner oroccupant respectively, orHheir legal representatives. Provided
always^
And be it further enacted by the authority aforesaid^ That nothing in id
the last mentioned clause of this act contained, shall be construed to
affect any contract or agreement that hath been, or shall be made, between
any landlord and tenant respecting the payment of any such charges or
repairs, but they shall be answerable to each other, in the same manner
as if this act had never been made. And further^ in case any money so
from time to time to be assessed for the services aforesaid, shall be paid
by any person, when by agreement or by law, the same ought to have
been borne and paid by some other person, that then it shall and may
be lawful to and for the person so paying the same, and he shall be and
hereby is empowered and authorized to sue for and recover the same,
with interest and costs of suit, in any court having lawful cognizance
thereof, as so much money paid for the use of the person for whom or
for whose use the same shall have been paid; and the assessment afore-
said, with proof of payment, shall be conclusive evidence to such court,
and judgment and execution shall be awarded accordingly.
And whereas more effectually to accommodate the trade, and preserve
the health of the citizens, it is necessary, in certain parts of the city, to
level adjoining lots, by raising some, and reducing others, in order to
draw away the stagnate water and filth, and render the streets dry, and
the passage easy and convenient, and it frequently happens, that there
are vacant lots, owned by persons who refuse to contribute to any
expence with respect to their lots, or the streets on which they are
bounded; however detrimental such refusal may prove to the proprie-
tors of the adjacent lots, and the public good. For remedy whereof.
Be it further enacted by the authority aforesaid^ That when in any Leveling of
such case, a general regulation shall be judged necessary in any part of procedure
the city, and be ordered and directed, by any ordinance or bye-law of for.
the said mayor, alderman and commonalty of the said city, in common
council convened, for raising, reducing, levelling or fencing in, any such
lot or lots as aforesaid, it shall and may be lawful to and for the said
common council, to cause an estimate to be made, of the whole expence
of conforming to such regulation, with respect to each lot, which the
owner thereof shall refuse or neglect to put in the order thereby required,
which estimate shall be made and certified under the hands and seals of
five sufficient freeholders, to be appointed for that purpose, and sworn
in manner aforesaid; and the same estimate, being duly returned K), and
Vol. 2. — 69
546 LAWS OF NEW YORK. [Chap. 88.
approved by the said common council, they shall take order for adver-
tising the same, in two or more of the public news papers printed in the
id city, for three weeks, thereby requiring the owners of such lots
respectively, to pay the sum at which the said lots shall be so assessed,
to the treasurer or chamberlain of the said city, to defray the expence of
the intended work ; and that, if default shall be made in such payment,
such lot will be sold at public auction, at a day and place therein to be
specified, for the lowest term of years, at which any person shall offer to
take the same, in consideration of advancing the sum assessed on the
same, for the expence aforesaid. And if notwithstanding such notice
and demand, the owner or owners should refuse or neglect to pay such
assessment with the charge of appraisement and advertisement, then it
shall and may be lawful to and for the said common council to cause
the said lot to be sold at public auction, for a term of years, for the pur-
poses and in the manner expressed in the said advertisement, and to
give a declaration of such sale to the purchaser thereof under the com-
mon seal of the said city; and such purchaser, his executors, adminis-
' trators and assigns, shall by virtue thereof and of this act, lawfully hold
and enjoy the same, for his and their own proper use, against the owner
or owners thereof, and all claiming under him or them, until his term
therein shall be fully compleat and ended ; being at liberty to remove
all the buildings and materials, which he, she or they shall erect or place
thereon, but leaving the ground in sufficient fence, and with the street or
streets fronting the same, in the order required by the said regulations;
any law, usage or custom to the contrary thereof notwithstanding. /'r<?-
vided always^ that if, after defraying the actual expence of conforming
any lot, so to be sold for a term of years, to the regulations aforesaid,
and deducting all reasonable charges attending the same, a surplus of
the purchase money, bidden or given therefore, at such auction, shall
remain in the hands of the chamberlain or treasurer of the said city,
the same shall forthwith be rendered to the owner or owners of such lot
or lots respectively, or his, her or their respective legal representatives.
Id. And be it further enacted by the authority aforesaid^ That if upon
the completion of any such regulation as aforesaid, it shall appear to
the mayor, aldermen and commonalty of the said city, in common
council convened, that a greater sum of money hath been bona fide
expended in making such regulation, than the sum mentioned in the
estimate so made as aforesaid, and actually collected, it shall and may
be lawful to and for the said common council to cause a further assess-
ment to be made, of the sum which such bona fide expenditures shall
exceed the sum so estimated and collected as aforesaid, upon and
among the owners or occupants of all the houses and lots before assessed
as aforesaid, and to cause the same to be collected, in the same manner
as herein before directed. And further^ that in case the sum actually
expended, shall be less than the sum expressed in such estimate and
actually collected as aforesaid, the surplus shall be forthwith rendered
to the respective persons from whom the same were so collected and
received as aforesaid, or his, her or their respective legal representatives.
Chap. 89.] TEN^H "SESSION. 547
CHAP. 89.
AN ACT for the more speedy recovery of debts to the vaUie of
ten pounds.
Passed the 17th of April, 1787.
Be it enacted by the People of the State of New York^ represented in Justice oi
Senate and Assembly^ and it is hereby enacted by the authority of the same^ civi/TurisI
That from and after the first day of June next, all actions of debt, diction oL
detinue, account, covenant, trespass and trespass on the case, wherein
the sum or ballance due, or thing demanded shall not exceed ten pounds,
current money of this State, shall be, and hereby are made cognizable
before any justice of the peace, of any city or county of this State ;
and every such justice shall be, and hereby is respectively authorized
and impowered, to hear try and determine, all such causes and actions,
according to law and equity ; and shall and may hold a court for the
trial thereof, and is hereby vested with all such power and authority
for the purpose aforesaid, as is usual in courts of record, in this State ;
and shall sign all process to be issued out of such court. And further^
that every such justice of the peace, upon application to him made for
the recovery of any such debt, damages or demand, shall issue a sum-
mons or warrant, as the case may require, directed to some constable
or other proper officer, of the city, town or place, where the defendant
dwells or can be found, commanding him, when a summons is issued,
to summon the defendant to appear before such justice, at a certain time
and place in the same summons to be expressed, not less than six nor
more than twelve days from the time of issuing such suipmons, to
answer the plaintiff of the plea in the same summons to be mentioned ;
and when a warrant is issued then commanding the constable or other
officer to take the defendant and bring him or her forthwith before
such justice to answer the plaintiff of the plea in the same warrant to
be mentioned, and upon the return of such summons if the same be
duly served, or upon bringing the defendant before such justice by vir-
tue of any such warrant, or at such other time and place, as the same
justice shall think reasonable to appoint, not exceeding six days there-
after, the same justice shall proceed to hear and examine the allegations
and proofs of the parties plaintiff and defendant, and within four days
thereafter, give judgment thereon, in such manner as shall appear to
him, to be agreeable to law and equity, together with costs of suit, as
hereafter allowed.
And be it further enacted by the authority aforesaid, That the first pro- Process to
cess against all freeholders and inhabitants having families, (except as mens:*"!©!
hereafter is excepted) shall be by summons which shall be served at ceedinga
least six days before the time of appearance mentioned therein, by 2?. ^®'"^
reading the same summons to the defendant, and delivering to him or
her a copy thereof, when required, if he or she shall be found, and if
not, by leaving a copy thereof at his or her house or place of abode, in
the presence of some one of the family, of suitable age and discretion,
who shall be informed of the contents thereof: And the constable or
officer serving such summons shall upon the oath of his office, indorse
thereupon the time and manner he executed the same, and sign his
name thereto. And in case the defendant does not appear at the time
and place appointed in such summons, and it shall appear by the return
548
LAWS OF NEW YORK.
[Chap. 89.
Id., where
Justice
cannot
proceed.
Warrant,
when to
Issue.
Voluntary
joinder 01
issues.
Adjourn-
ment.
indorsed thereon, that the summons was duly served upon the person
of the defendant, in the manner aforesaid, and no sufficient reason shall
appear to the justice, why the defendant does not appear at the time
appointed, then the said justice who issued the said summons, shall
proceed to hear, and try and determine the cause, in the same manner
as if the defendant had appeared; but if such summons was served
only by leaving a copy thereof at the house or place of abode of the
defendant as aforesaid, and the defendant does not appear at the time
and place appointed in such summons, and no sufficient reason shall
appear to the justice why the defendant does not appear, then the
said justice shall issue a warrant against such defendant, in the manner
aforesaid, and proceed as above directed, unless the plaintiff shall elect
to have a new summons against such defendant. And in all cases
where a sufficient reason shall appear to the justice, why the defendant
does not appear, at the time and place appointed in the summons, the
justice shall give the defendant, such further time as he shall think
reasonable, and at such time so given, the justice shall and may proceed
as aforesaid. Provided always.
And be it further enacted by the authority aforesaid^ That in all cases,
where a warrant shall be issued by virtue of this act, and upon service
thereof, the justice who issued the same shall be absent, or unable to
hear and try the cause, it shall and may be lawful for the constable or
other officer serving such warrant, to carry the defendant before the
next justice, of the city or county where the justice who issued the
warrant shall reside, and such other justice shall take cognizance of, and
hear, try and determine the cause, in the same manner, as he could or
might have done, if he had issued the warrant, by virtue qi which the
defendant shall be taken ; but in all other cases, where any process
shall be issued in pursuance of this act, and served on the defendant,
for any debt, damages or demand, of what nature soever the cause shall
be tried before the justice who first issued such process, and not before,
any other justice; and the defendant, if he or she has any account or
demand against the plaintiff in such action, shall and may plead and
set off the same, against the debt or demand of the plaintiff.
And be it further enacted by the authority aforesaid. That if any
plaintiff, or his or her attorney, so applying for process, shall prove
upon oath, to the satisfaction of the justice, that if such process be by
summons, against any such freeholder or inhabitant having a family,
the plaintiff will be in danger of losing his debts, or demand thereby,
or doth really and sincerely believe that such freeholder or inhabitant
will depart the city or county, wherein he or she doth reside; then the
justice shall issue a warrant, in such manner as is above directed.
And be it further e^iacted by the authority aforesaid, That where any
parties shall agree to enter an action before any justice, without any
process, the justice shall proceed to trial, in the same manner as if a
summons or warrant had issued.
And be it further enacted by the authority aforesaid. That in all cases
where a warrant shall be issued if the plaintiff or defendant, shall require
a longer time than is first appointed by the court, to try the said cause^
and will, if required, give sufficient security to appear and stand trial,
on such other day as shall be appointed, then the justice is hereby im-
powered and required, to adjourn the trial of such cause to any day he
shall judge most convenient, not exceeding twelve days, nor less than
three days, unless the justice and parties shall otherwise agree. Pro-
vided always, that where the plaintiff in any cause of action to be brought
by virtue of this act, shall be a non resident of the county^ and shall
V
Chap. 89.] TENTH SESSION. 549
give security to pay the debt or aamages, and costs of suit, in case judg-
ment shall be given against him, that then he *may have a warrant
returnable immediately; and the justice before whom such cause is to
be tried, shall not adjourn the same for more than three days, unless
the parties agree to allow a longer time: And if any adjournment be
made without the consent of the plaintiff, then the defendant shall give
sufficient security for his or her personal appearance, on the day to
which such adjournment shall be made, and in default of such appear-
ance, to pay the debt and costs, if judgment shall be given against him
or her; and in default of giving such security, the justice shall proceed
to trial without an adjournment.
And be it further enacted by the authority aforesaid, That no per- Person Dot
5on shall be proceeded against by summons, out of the city or county ^^**®/"®^
where he or she does reside. county.
And be it further enacted by the authority aforesaid. That in every jmy trial
action that shall hereafter be brought in this State, by virtue of this act, ^^^^a^
it shall be lawful for either of the parties to the suit, or the attorney of ed: pro-
either of them, after issue joined, (and before the court shall proceed ^^**^*
to enquire into the merits of the cause) to demand of the said court,
that such action be tried by a jury ; and upon such demand, the said
justice holding such court, is hereby required to issue a venire directed
to any constable or other proper officer, of the city, town or place, where
the said cause is to be tried, commanding him to summon twelve good
and lawful men, being freeholders or freemen of such city, or being free-
holders of such town or place, where the said cause is to be tried, and
who shall be in no wise of kin to the plaintiff or defendant, nor interested
in such suit, to be and appear before such justice issuing such venire,
at such time 'and place as shall be expressed in such venire, to make a
jury for trial of the action between the parties mentioned in the said
venire, which constable or officer, shall, at the return of the said venire,
return a panel of names of the jurors he shall so summon by virtue
thereof, and the names of each person so impanneled, shall be written
on several and distinct pieces of paper, as nearly of one size as may be,
and shall be delivered to the said justice, before whom such action is to
be tried, by the constable or other officer returning such panel and shall
by the said constable or other officer, be rolled up, all as near as may
be in one and the same manner, and put together in a box or some con-
venient thing ; and on the trial of such cause, such justice or such indif-
ferent person as he shall appoint for that purpose, shall draw out six of
the said papers, one after another and if any of the persons whose names
shall be so drawn, shall not appear, or shall be challenged and set aside,
then such further number thereof shall be drawn as shall make np the
number of six who do appear, after all legal causes of challenge allowed
by the said justice, unless the parties agree that the said constable shall
summon six men at his discretion and the said six persons so first drawn
and appearing, and approved by the court as indifferent, shall be the
jury who shall try the cause, to each of whom the said justice shall
administer the following oath ** You do swear in the presence of Oath of
Almighty God, that you will well and truly try the matter in difference, J""^"-
between plaintiff and defendant, and a true verdict will
give according to evidence." And after the said jury have taken the oath
aforesaid, they shall sit together, and hear the several proofs and alle-
gations of the parties, which €hall be delivered in public, in their pres-
ence; and to each of the witnesses on the said trial, the said justice
shall administer the following oath, vizt. " You do swear in the pres-
ence of Almighty God, that the evidence you shall give in this matter in
550 LAWS OF NEW YORK. [Chap. 89.
difference, between plaintifiF and defendant, shall be the
truth, the whole truth, and nothing but the truth," and after hearing the
proofs and allegations, the jury shall be kept together in some conven-
ient place, until they all agree upon a verdict; and for which purpose a
constable shall be sworn, and to whom the said justice shall administer
the following oath vizt. You do swear in the presence of Almighty God,
that you will to the utmost of your ability, keep every person sworn on
this inquest together in some private and convenient place, without
meat or drink, you will not suffer any person to speak to them, nor
speak to them your self, unless by order of the justice, unless it be to
ask them whether they have agreed on their verdict, until they have
agreed on their verdict," and when the jurors have agreed on their ver-
dict, they shall deliver the same to the justice in the same court, who is
hereby required to give judgment thereupon, and to award execution in
manner herein after directed.
Provided always^ that no oath of either party, or exparte affidavit of
any other person, shall be allowed or given in evidence in any such
action, unless the parties agree to allow of such evidence.
Penalty for And be it further enacted by the authority aforesaidy That every per-
witneMor son summoned and drawn as a juror, or subpoenaed as a witness, who
Juror. shall not appear, or appearing, shall refuse to serve, or to give evidence
in any such action, shall forfeit and pay for every such default or refusal
(unless some reasonable cause be proved on oath, to the satisfaction of
the said court) such fine, or fines, not exceeding the sum of four pounds,
nor less than 'h\^ shillings, as the said court shall think reasonable to
impose; and the said court is hereby authorized and required to issue a
warrant to any constable, or other proper officer, to levy the same, of
the goods and chattels of the offender, and for want thereof, to take and
convey him or her, to the gaol of the city or county wherein the offence
shall have been committed, or for want of a gaol in such city or county,
then to the nearest gaol, there to remain until he or she pay such fine»
together with the costs attending the same. And the keeper of such
gaol, is hereby commanded to keep such offender in safe custody, in
such gaol until such fine, together with the costs, shall be paid.
Froinded always^ that no such fine or fines shall be imposed, unless
oath shall first have been made before the court by some credible per-
son, that such juror or witness so in default, hath been lawfully sum-
moned or subpoenaed as aforesaid. All and every of which said fines,
when recovered, shall be delivered by the said court, to the overseers of
the poor, for the use of the poor of the town or place, where the same
shall be levied..
OoBtB. And be it further enacted by the authority aforesaid^ That if the plain -
Jranted ^ tiff Other than executors or administrators, in any such action shall be
defendant; non suited, or discontinue, or withdraw his or her action, without the
executon. ^^j^g^j^^ ^f ^\^^ defendant, then judgment shall be given against such
plaintiff, for the costs accrued; or if he or she shall appear to be indebted
to the defendant, then judgment shall be given against him or her for
the debt or damages, and costs, as the case may require. And when-
ever judgment shall be given against either plaintiff or defendant^
in any of the before mentioned actions, the said court shall grant exe-
cution thereupon, directed to one of the constables, or other proper
officer, of the city, town or place, where the party dwells, or can be
found, commanding him, to levy the debt or damages, and costs, of the
goods and chattels of the person against whom such execution should
be granted; and for want of sufficient goods and chattels, whereon ta
levy the same, to take the body of the person against whom such exetu-
Chap. 89.] TENTH SESSION. 551
tion shall be granted, and hira or her to convey to the gaol of such city
or county, which said constable, or other proper officer, after taking such
goods and chattels into his custody, by virtu^ of such execution, shall
immediately give public notice, by an advertisement, signed by himself,
and put up at three public places in such city, town or place, where
such goods and chattels shall be taken, of the time and place, when and
where they will be exposed to sale, at least five days before the time
appointed for seUing them; and therein describe the goods and chattels
so taken; and at the time and place so appointed for selling them, shall
expose them to sale by public vendue, to the highest bidder, and pay
the debt or damages, and costs levied, to the justice who issued the exe-
cution, (returning the overplus if any,) to the owner; and for want of
goods and chattels whereon to levy, the said constable or other proper
officer, shall according to the tenor of the said execution, take the body
of the person against whom the same execution shall be granted, and
convey and deliver him or her to the keeper of the common gaol of the
city or county, which keeper is hereby commanded to keep such person
in safe custody, in the common gaol aforesaid, until the debt or dama-
ges, with costs, shall be fully paid, or until he or she shall be from thence
delivered by due course of law. ,
Provided nevertheless^ that no execution of any judgment given by
virtue of this act, shall issue against any freeholder or inhabitant, having
a family, in less than forty days after giving the said judgment, unless
the party in whose favour judgment shall be given, shall make it appear
to the satisfaction of the said justice, on his or her own oath, or the oath
of some other person, that such plaintiff or plaintiffs will be in danger
of losing the debt, or damages, if such delay be allowed ; in which case
the said justice shall issue execution immediately, as herein before
directed; unless the party against whom such judgment shall be given,
shall thereupon give security to the party in whose favour judgment
was given, that he or she will pay the debt or damages, and costs, before,
or surrender himself or herself in execution, at the expiration of forty
days.
And be it further enacted by the authority aforesaid^ That in case any Liability of
constable or other proper officer, to whom any execution shall be deliv- 2.?*^™ 1^^
J 1 11 • f • 1 • 1 i- • • I ■ 1 whom exe-
ered, shall not within thirty days after receiving such execution, levy cution
the same on the goods and chattels of the person against whom such **»"®^*
execution shall be granred, and in ten days thereafter pay the debt and
costs so levied into the hands of the justice who issued the same, or in
case of his death, or removal from office, to the person in whose favour the
execution was granted; or if no goods nor chattels can be found
whereon to levy, then if the said constable or other officer shall not take
the body of the person against whom such execution was granted, if to
be found, within thirty days from the receipt of such execution as afore-
said, then and in every such case,- the said constable or other officer,
shall be holden to pay the amount of such execution, to be recovered
by an action of debt, with costs, by the person in whose favour such
execution was granted, in which case execution shall issue forthwith.
Provided always f That neither this act, nor any thing herein con-
tained, shall be deemed or construed to extend to any action wherein
the people of this State shall be concerned, or where the title of any
lands shall in any wise come in question, or to any action of assault and
battery, or of slander, nor to matters of account, where the sum total
of such accounts exceed in the amount or value thereof, the sum of
eighty pounds, and that account proved to the satisfaction of the said
court.
552 LAWS OF NEW YORK. [Chap. 89.
Trespass; And be it further enacted by the authority aforesaM^ That when in any
movabie*to miction of trespass to be brought by virtue of this act, the defendant or
*»*«^r defendants shall justify on a plea of title, the defendant or defendants
shall commit such plea of justification to writing, and having signed the
same in the presence of such justice, shall deliver such plea to the jus-
tice, who shall then countersign the same, and deliver it to the plaintiff
or plaintiffs; and that it shall and may be lawful to and for such plain tiflf
or plaintiffs, to commence and prosecute an action for such trespass
against such defendant or defendants, in the court of common pleas of
the county, in which such trespass shall have been committed, and if
such plaintiff or plaintiffs shall recover any damages in such action, the
defendant or defendants shall be liable to pay to such plaintiff or plain-
tiffs double costs. And on every trial to be had for such trespass, the
plea signed by such defendant or defendants, shall be conclusive evi-
dence that the defendant or defendants relied on his, her, or their title,
to justify such trespass. And that every justice to whom a plea of jus-
tification shall be tendered, shall, before he shall receive such plea,
exact from the defendant or defendants, together with one suflficient
surety, a recognizance in the sum of twenty pounds, conditioned that
if such plaintiff or plaintiffs shall commence a suit before the next court
of common pleas, for the recovery of damages for such trespass, such
defendant or defendants shall appear and put in special bail in such
court, within twenty days after the first day of the then next term of the
said court; and that in every case in which such plea shall be tendered,
and the defendant or defendants shall not forthwith enter such recogni-
zance, the justice shall proceed in the same manner as if such plea had
not been tendered.
Actions And be it further enacted by the authority aforesaid^ That all and every
S'money Sum and sums of money, not exceeding the value of ten pounds, to be
not exceed- sued for and recovered in any court of record, by virtue of any law of
this State, shall be, and hereby are made cognizable before any one jus-
tice of the peace, in manner aforesaid, any thing in this or any other act
to the contrary in any wise notwithstanding. And also that where in
any city town or place no constable or other proper officer shall be chosen
or appointed, or the constable or other proper officer be absent, or where
a process shall be issued against such constable or other proper officer,
of any city, town or place, that then and in such case the justice upon
application made, shall and may direct the process or execution to the
constable or other proper officer of the next adjoining town or place,
living nearest where the defendant dwells or can be found, who is hereby
required to execute the same.
Execution And be it further enacted by the authority aforesaid^ That when any
of process, process shall be issued by any justice, by virtue of this act, the constable
of the city town or place, to whom such process shall be directed, shall
proceed agreeable to this act, and execute such process in his own proper
person, unless the justice who issued such process, shall (at the request
of the plaintiff) judge it expedient to depute some other proper person,
who will voluntarily undertake to execute the same without fee or
reward ; but no person shall be so deputed to impannel or summon any
jury.
Costs, And be it further enacted by the authority aforesaid^ That no greater
amountof. ^j. ^'^^^ zo%X.% shall be allowed, taxed or taken, in actions brought by
Justice, virtue of this act, than the following. Justices fees. A summons nine
pence, a warrant one shilling, judgment one shilling, administnng every
oath six pence^ subpoena for each witness six pence, issuing the venire
facias to summon a jury, one shilling and six pence, swearing the jury
HAP. 89.J TENTH SESSION. 553
one shilling, every execution one shilling and six pence,. every witness
attending and sworn one shilling. Constable or other proper officer, for Constable,
serving a warrant or summons, notifying the plaintiff to trial, or serving
an execution, mileage for one mile or under, one shilling, for every mile
more six pence. Provided that on all precepts to be issued by virtue of
this act, the fees for serving be computed only from the place of abode
of the defendant, or where he shall be found, to the place where the
precept is returnable. Serving every execution, for every pound, one
shilling, summoning every jury three shillings. Jurors fees. For all Jurors,
causes tried one, shilling per man, when summoned and attending and
not trying the cause, six pence per man ; to the constable or other per-
son serving subpoena one shilling for each witness. •
Provided^ that the whole costs to be recovered or allowed in any cause
or action, shall not exceed the sum of two pounds.
And be it furtJur enacted by the authority aforesaid^ That nothing herein Certain
-contained, shall extend to oblige any justice of the peace, being a mem- io?}^®f,y
ber of the senate or assembly, or any judge of any county court, to take actions,
cognizance of any actions by virtue of this act; but that they shall be
at liberty, at all times, to act therein, or not, at their discretion.
And be it further enacted by the authority aforesaid^ That no judgment Action not
order or proceeding whatsoever, to be had or made by virtue of this act, tywrit o^f
shall be removed by any writ of error, or false judgment. And further ^.^^9^.
that no justice of the supreme court shall grant or allow, any certiorari, ment; cer-
or other process, to remove any judgment order or proceeding whatso- ^*o'ari-
ever, to be had by virtue of this act, unless the party applying for such
certiorari, shall within thirty days after such judgment given, make affi-
davit, satisfying such justice of the supreme court, that there is reason-
able cause for granting such certiorari to remove such judgment, either
for error therein, or for some unfair practice of the justice, who shall
have tried the cause; which shall be particularly specified in the said
affidavit; and which affidavit may be made before one of the justices of
the supreme court, or one of the judges of the court of common pleas
of the county, where such judgment shall be given, or before one of
the commissioners for taking affidavits to be read in the supreme court:
And such affidavit shall be left with the justice of the supreme court
who may allow such certiorari, in order that the adverse party may
obtain a copy thereof. And if any certiorari or other writ shall be
granted or issued otherwise than is above mentioned, the same shall be
void, and of none effect. And further^ that no execution upon any
judgment to be given by virtue of this act, shall be prevented or stayed
by any certiorari, or other writ, in case the party in whose favour such
judgment shall be given, shall give such security as may be satisfactory
to the justice by whom such judgment shall be given, to restore the debt
or damages for which such judgment shall be obtained, with the inter-
est and costs, in case such judgment shall be reversed. And if any
judgment to be given by virtue of this act, shall be removed into the-
supreme court, by certiorari or otherwise, and be there confirmed, then
the party procuring such certiorari, shall pay to the adverse party all
costs of defending such suit in the supreme court, to be taxed; and the
party entitled to such costs shall and may have execution for the same,
out of the said supreme court, against the body or goods and chattels
of the party who ought to pay the same: But if such judgment shall
be reversed, then the party procuring such certiorari, shall in like man-
ner recover his or her costs, to be taxed, and recovered as aforesaid.
And be it further enacted by the authority aforesaid^ That in all causes Defendant
to be brought in pursuance of this act, if the defendant or defendants in ^^^^^^^ °'
Vol. 2. — 70
554
LAWS OF NEW YORK.
[Chap. 89.
Adjourn-
ment on
behalf of
claim not such suit OF action, shall neglect or refuse to plead, and give in evidence
pleaded, j^j^^ j^^^ or their account, or demand, if any he, she or they have against
such plaintiff or plaintiffs, then the defendant or defendants, so neglect-
ing or refusing to plead, and give in evidence, his, her or their accounts
or demands, as aforesaid, shall, forever thereafter, be precluded from
having or maintaining any action or actions against such plaintiff or
plaintiffs for the recovery of such account or demand, or any part
thereof.
Provided always^ That where the balance found to be due to the
defendant, exceeds the sum of ten pounds, that in every such case, the
defendant shall not be precluded or barred from recovering his account
or demand, against such plaintiff, in any other court of record, having
cognizance of the same.
And be it further enacted by the authority aforesaid^ That in case the
^«-.. ^. defendant shall make oath that he or she cannot for want of some ma-
defendemt. terial evidence or witness safely proceed to trial, the justice shall in
such case postpone the trial, for such reasonable time, as will enable the
defendant to procure such evidence or witness ; provided such time shall
not exceed three months ; and proinded also, that such defendant or
defendants, before he she or they shall be entitled to have the trial
postponed as aforesaid, shall give security to the said justice to appear
and answer the said action, and to pay the debt and damages, and costs^
in case judgment shall be given against him, her or them. Provided
also that in any suit or action to be brought by virtue of this act, if
either the plaintiff or defendant shall request an adjournment, he shall
not be entitled thereunto, unless the party requesting such an adjourn-
ment (after having seen the account or demand of the adverse party)
shall, if required, exhibit his or her account or demand or state the
nature thereof, as far forth as may be in his or her power, to the satis-
faction of the justice before whom the cause is to be tried, any thing in
this act to the contrary notwithstanding.
Governor And be it further enacted by the authority aforesaid^ That it shall and
ju8tfc^*ln "^ay be lawful for the person administering the government of this State
New York for the time being, by and with the advice and consent of the council
^ '^* of appointment, for the time being, by commission under the great seal,
from time to time, to constitute and appoint, such and so many proper
persons in the city and county of New York, as they may think neces-
sary, to hear try, and determine causes in the said city and county, by
virtue of this act, by the name of assistant justices , and each and every
of the persons so constituted and appointed shall be and hereby are
vested with the like and the same power and authority in the same city
and county, with respect to hearing, trying and determining causes of
the value of ten pounds and under, as are given to or vested in the
justices of the peace in the several counties of this State, by virtue of
this act.
And be it further enacted by the authority aforesaid. That no justice
of the peace nor any person so to be confirmed and appointed as afore-
keeper not said, being a tavern keeper or inkeeper, shall try any cause by virtue
of this act.
And be it further enacted by the authority aforesaid, That it shall and
may be lawful to and for any constable in the counties of Albany,
Ulster, Suffolk, Orange, Montgomery, Washington or Richmond, to ex-
ecute any summons or precept, to be issued in pursuance of, and by
virtue of this act, in any city, town, manor, district or precinct, in the
county in which such summons or precept was issued, altho* the defendant
or defendants shall not reside in, or be found in, the city, town, manor.
Justice
who Is
tavern
Constable
in certain
counties.
Chap. 90.] TENTH SESSION. 555
district or precinct, in and for which such constable shall be elected ;
any thing in this^kct contained, to the contrary thereof in any wise not-
withstanding.
And whereas sundry persons make a practice of pleading in courts
held by a justice, and because of the emoluments therefrom arising are
induced to promote suits ; for the prevention whereof,
jBe it further enacted by the authority aforesaid^ That no person so Person
practicing, shall be permitted by any justice to prosecute, defend, plead Eefore'jSs-
or counsel, in any suit or action to be tried by virtue of this act, unless tice, oath
such person so offering or appearing to prosecute, defend, plead or give ^^j*®^^®*^
counsel as aforesaid, shall previously swear before such justice, that he
has not received or taken any fee or reward for the same, either directly
or indirectly, nor any other person to or for his use, and that he will
not directly or indirectly, receive or take any fee or reward for the
same, either by himself or by any other person to or for his use.
And be it further enacted by the authority aforesaid^ That the act Acts
entitled ** An act to empower justices of the peace, mayors, recorders JJ^^d.
and aldermen, to try causes to the value of ten pounds and under, and
to repeal sundry acts therein mentioned ** together with the several acts
therein mentioned, and the act entitled, An act supplementary to the
act entitled An act to impower justice3 of the peace, mayors recorders •
and aldermen, to try causes to the value of ten pounds and under, and
to repeal sundry acts therein mentioned, and the seventh enacting clause
of the act entitled " An act to compel collectors and constables to give
security," shall be, and hereby are, from and after the first day of June
next, repealed ; but all suits which shall be commenced before the said
first day of June next, and be then depending, before any mayor, recor-
der, alderman or justice of the peace, within this State, by virtue of
any of the acts hereby repealed, shall and may be prosecuted to judg-
ment and execution, as fully and effectually, as if this act had not been
made.
CHAP. 90.
AN ACT to repeal the laws relative to buildings in the city of
New York.
Passed the i8th of April, 1787.
Be it enacted by the People of the State of New York, represented in Acts
Senate and Assembly, and it is hereby enacted by the authority of the same, Jl^Jid.
That the act entitied "An act for the more effectual prevention of
fires " and the act entitled " An act to amend an act for the more effec-
tual prevention of fires and for regulating of buildings in the city of
New York " shall be and hereby are repealed.
556
LAWS OF NEW YORK.
[Chap. 91.
CHAP. 91.
Preamble.
Person
nnmed to
be natural-
ized on
taking
oaths of
allegiance
and abju-
ration.
Oaths to be
taken
within one
year.
Previous
purchases
of lands by
persons
named
legalized.
AN ACT to naturalize the persons therein named.
Passed the i8th of April, 1787.
Whereas Arnold Henry Dohrman, John Kemp, David Fitz Gerald,
John McQueen, James Rose, Robert Mills, Joze Roiz Silva, Francis
Thomas, John Darah, James F. Atlee, James McKell, Patrick McKell,
Mary Dawson, Michael McLachlan, John Wilson, John Powell, Benja-
min Crookshanks, John Baptist Founclaire, Johannes Ditricks, John
Wheellan, Charles Wheellan, Daniel Beek, James Thompson, Frederick
Petrey, Thomas Obyrne, John Ramage, Nathaniel Smith, George Chris-
tian Anthon, Walter Healey, Peter Penet, George Metcalf, Patrick
Hussey, Thomas Brown, John Frederick Moyentz, John Creckenboom,
Emanuel Mitchel, Robert Erwin, John Newelt, Jean Louis Victor le
Townelier, John Louis Chollet, John Peter Vemont, Alexander Macomb,
William Wilson, James Hardie, Walter Minto, Lewis D. Flinn, Christian
Abelman, George Williams, Frederick Charles Hans Bruno Poelnitz and
Alexander Lindsay have by their petitions presented to the legislature,
prayed that an act of naturalization might be passed in their behalf.
Therefore,
Be it enacted by the People of the State of Neuf York^ represented in
'Senate and Assembly y and it is hereby enacted by the authority of the same^
That the above named persons shall be, and they are hereby respectively
naturalized, and shall from and after having taken and subscribed, in
any court of record withm this State, the oath of allegiance to this
State, and abjured and renounced all allegiance and subjection, to all
and every foreign king, prince, potentate and state, in all matters eccle-
siastical, as well as civil, be deemed citizens of this State, to all intents
constructions and purposes whatsoever. And that the court in which
any of the persons herein before mentioned, shall be admitted to take
such oath, shall cause an entry thereof to be made in the minutes of
the said court ; and shall give a certificate to such persons respectively,
purporting, that such person hath been admitted to such oath in the
said court, in pursuance of this act; and such person, upon taking such
oath, shall respectively pay to the judges of such court six shillings, and
to the clert thereof three shillings. Provided always^
And be it further enacted by tfie authority aforesaid^ That such of the
persons above named and hereby naturalized as shall not take the oath
of allegiance and abjuration aforesaid, in manner hereinbefore directed,
within twelve calendar months next after the passing of this act, shall
have no manner of benefit by this act ; anything herein contained, to
the contrary notwithstanding.
And whereas it appears to the legislature, that several of the said
persons have unadvisably made purchases of lands and tenements in this
State, and have prayed relief in the premises. Therefore,
Be it further enacted by the authority aforesaid^ That any lands, tene-
ments or hereditaments purchased within this State, previous to the
passing of this act, by any of the persons herein before mentioned,
shall not, on account of such purchase being previous to the passing of
this act, escheat to the people of this State ; but shall vest in such pur-
chaser, or persons holding under him or her, in the same manner as if
such purchaser had been naturalized at the time of such purchase ; any-
thing in any law to the contrary hereof notwithstanding.
Chap. 92,] TENTH SESSION. 557
CHAP. 92.
AN ACT to amend an act, entitled An act to regulate the militia.
Passed the i8th of April, 1787.
Be it enacted by the People of the State of New Yorky represented in Light
Senate and Assembly ^ and it is hereby enacted by the authority of the same, iT^^rm'of
That it shall and may be lawful to and fo/ the brigadier or commanding
officer of any brigade, and the commanding officer of any regiment, not
annexed to any brigade, respectively, if he shall deem it expedient, to
direct the light infantry of such brigade or regiment, to uniform them-
selves in rifle frocks and over alls.
And be it further enacted by the authority aforesaid^ That instead of Brigadier
the annual training by brigades, directed in and by the said act, entitled ^n^uai***^*
An act to regulate the militia, it shall and may be lawful for one or more trajuing
of the regiments of any brigade, if the brigadier or commanding officer J^ments.
of the brigade shall direct it, to rendezvous seperately at such of their
regimental parades as shall be designated in brigade orders for that
purpose ; at which parades, the adjutant general shall attend and per-
form the duties enjoined on him in and by the said act, with respect to
the brigades. That the light infantry companies of such regiments as
may be excused from attending at the brigade parade, shall rendezvous
with their respective regiments, and shall, together with the cavalry and
artillery companies of such brigade, perform the like duties, as are in and
by the said act required, unless otherwise directed by the brigadier or
commanding officer of the brigade.
Provided, that instead of the Hght infantry, cavalry and corps of artil-
lery continuing four days in service, they shall not be compelled to con-
tinue together any longer than the other militia.
And whereas disputes have arisen respecting the rank of commissioned
officers of the same grade, appointed on the same day; and the mode
prescribed in and by the said act, is, in many cases found inexpedient,
and productive of inconveniences. Therefore
Be it further enacted by the authority aforesaid, " That instead of the Relative
rank of officers of the same grade being determined by the numbering om^ere,
of their commissions, as directed in and by the act hereby to be how d^
amended " it shall and may be lawful to and for the commander in ^""
chief, from time to time, whenever he shall deem it necessary, to appoint
a board of officers, consisting of not less than three, to determine and
report to him respecting any dispute concerning rank, which shall or
may have arisen ; which report, being approved by the commander in
chief, shall establish such disputed rank, according to the determination
of such board.
And be it further enacted by the authority aforesaid. That the fifth
section of the said hereby amended act, shall be, and the same is hereby
repealed.
And be it further enacted by the authority aforesaid. That when, and as Grena-
often as forty men of the enrolled militia in the city and county of New maUon o7
York, (excepting such as shall be enrolled in the cavalry, artillery or companies
light infantry) shall incline to arm, accoutre and uniform themselves, as york^ty!^
a company of grenadiers, it shall and may be lawful to and for the
brigadier, or officer commanding the brigade, within the limits of which
any such company shall be inclined to form, to direct such company to
be formed, and to be officered by such captain, lieutenant and ensign of
558 LAWS OF NEW YORK. [Chap. 93.
the regiment in which such company shall be proposed to be formed as
a majority of the field officers of such regiment shall choose for that
purpose. And every such company so formed, shall be considered as
one of the companies composing such regiment, and after such estab-
lishment thereof, be armed, accoutred and uniformed, as grenadiers, and
do and perform the like services, and be subject to the penalties, as are
directed and prescribed in and by the act hereby amended, respecting
the light infantry.
Company And be it further enacted by the authority aforesaid, That all captains,
^81?" lieutenants and ensigns of the enrolled militia (except in the cities of
th'eirbeatB ^^^ York and Albany) who shall be hereafter appointed, shall reside
' in the beats of the respective companies, to which they are appointed.
Pines, how And be it further enacted by the authority aforesaid. That all fines
laposedof ^j^j^^j^ s\i2i\\ be imposed in any regiment, corps, company or troop, shall
be paid into the hands of the paymaster or person acting as such of such
regiment, corps, company or troop, and be paid and appropriated, by
warrant under the hands of a major part of the field officers, or the com-
manding officer of the corps, or captain, or commanding officer of the
company, or troop, as the case may be, for the purposes of providing
colours, drums and fifes, for their respective regiments, corps, companies
and troops, and for the purchasing and providing arms and accoutre-
ments, for such of the men, of the same respective regiments, corps,
companies and troops, as are, or shall be unable to furnish and provide
themselves therewith; and that it shall be the duty of the paymaster, or
person acting as such, of each respective regiment, corps, company or
troop, once in every year, to render an account to the brigadier or offi-
cer commanding, the brigade, of all his receipts and expenditures in
pursuance of this act.
And be it further enacted by the authority aforesaid. That the provi-
sion contained in the seventeenth section of the said act, entitled '*An
act to regulate the militia " and the proviso thereto annexed relative to
persons who have served as officers in the line of the army of the United
States, during the late war, is hereby extended to all officers who have
heretofore served in the militia of this State or in the militia of the late
colony of New York.
CHAP. 93.
AN ACT for the relief of Theodosius Fowler and others.
Passed the i8th of April, 1787.
Preamble. WHEREAS all the real and personal estate of Jonathan Fowler
deceased, hath, by his conviction in pursuance of the act entitled "An
act for the forfeiture and sale of the estates of persons, who have
adhered to the enemies of this State, and for declaring the sovereignty
of the people of this State, in respect to all property within the same,"
been forfeited to and is now vested in the people of this State. And
whereas Theodosius Fowler and George Fowler, two of the sons of the
said Jonathan Fowler, and John Johnson who intermarried with Abigail
one of the daughters of the said Jonathan Fowler, have presented a
petition to the legislature, setting forth, that they have in the course of
the late war, been well attached to the freedom and independence of
the United States of America, and have borne arms in support of the
same; and the said Jonathan Fowler died, leavmg four helpless chil-
Chap. 93.] TENTH SESSION. 559
dren, who now depend upon the said Theodosius Fowler, George Fow-
ler and John Johnson for their subsistence; and praying the legislature
to vest the said estate in them, and the other children of the said Jona-
than Fowler deceased; the prayer of which petition, the legislature deem
it reasonable to grant; Therefore
Be it enacted by the People of the State of New York^ represented in Forfeited
Senate and Assembly^ and it is hereby enacted by the authority of the same^ j^^ithan
That all the real and personal estate, of the said Jonathan Fowler Fowler
deceased, forfeited to, and vested in the people of this State by his his*heir2
conviction, in pursuance of the act aforesaid, shall be, and hereby is
vested in his children Theodosius Fowler, George Fowler, Alexander
Fowler, Abraham Fowler, Abigail Johnson the wife of the said John
Johnson, Mary Daft the wife of Thomas Daft, Margaret Fowler, and
Levina Fowler, their heirs and assigns, as tenants in common, and not
as joint tenants; and that it shall and may be lawful for the said Theo-
dosius Fowler, George Fowler, Alexander Fowler, Abraham Fowler,
John Johnson and Abigail his wife, Thomas Daft and Mary his wife,
Margaret Fowler and Levina Fowler, and the survivors and survivor of
them, in their names, to demand, sue for, recover and receive, all such,
debts, and other personal property, as may be due and belonging to the
said estate, and that if any, or either of the said Theodosius Fowler,
George Fowler, Alexander Fowler, Abraham Fowler, John Johnson and
Abigail his wife, Thomas Daft and Mary his wife, ^largaret Fowler and
Livina Fowler, shall depart this life pending any suit or suits by them
brought, for recovery of any debt, or other personal property, due and
belonging to the said estate, such suit or suits shall not abate by reason
of the said death or deaths, but it shall and may be lawful for the sur-
viving plaintiffs or plaintiff in the said suit or suits, to prosecute the
same judgment, and to have execution thereon.
Provided^ that nothing in this clause of this act contained, shall be
deemed to extend to any debts, or monies which may have been paid
into the treasury of this State, pursuant to the resolution of the commit-
tee of safety of this State, of the first day of March one thousand seven
hundred and seventy seven, or pursuant to any law of this State.
And be it further enacted by the authority aforesaid^ That the said Helre
Theodosius Fowler, George Fowler, Alexander Fowler, Abraham Fow- SJJth^y-
ler, John Johnson and Abigail his wife, Thomas Daft and Mary his yM»t of
wife, Margaret Fowler and Livina Fowler, and their respective heirs
shall be, and hereby are charged with the payment of all debts and
demands due from the said estate, to the value of the said estate, which
shall come to their hands respectively, and no further; and that the
parol shall not demur by reason of the infancy of either of the defend-
ants, in any suit or suits, which may be brought against the said Theo-
dosius Fowler, George Fowler, Alexander Fowler, Abraham Fowler,
John Johnson and Abigail his wife, Thomas Daft and Mary his wife,
Margaret Fowler, and Livina Fowler or their respective heirs, for
recovery of any debt or demand due from the said estate.
And be it further enacted by the authority aforesaid^ That the estate Forfeited
of Benjamin Close, lately of the county of West Chester deceased, BSajSmL
forfeited to the people of this State, by the conviction of the said ^J|^ ^^
Benjamin Close, be, and the same is hereby vested in Jesse Trus- trustees
dale, Benajah Starr and David Smith, and their heirs, upon trust, in the ^^^^'
first place, to pay the debts due from the said Benjamin Close, and named. ;
after payment thereof, to divide and apply the residue of the said estate,
to, and among the persons following ; one third thereof to, and among
the children of Mary Reynolds deceased, wife of Sylvanus Reynolds,
560 LAWS OF NEW YORK, [Ch>*p. 93.
and daughter of the said Benjamin Close, deducting thereout, so much
as may be equal to two third parts of any portion or advancement, given
or made by the said Benjamin Close, to the said Mary, if any such por-
tion or advancement there was; and the other two third parts thereof^
together with the amount of such deduction, if any there be, to and
among the children now living of the said Benjamin Close, except his
'' two sons Benjamin Close and Abraham Close.
Prmnded always^ that one third part of the produce of the said resi-
due of the said estate, after payment of debts, shall be applied by the
said trustees, the survivors and survivor of them, or the heirs of such
survivor, to the use of the widow of the said Benjamin Close deceased,
during her natural life. And the better to enable the said trustees, to
execute the trust hereby reposed in them, they are hereby empowered,
at their discretion, to demise, sell, or otherwise dispose of, the said estate;
andthe monies arising from such sale, to put at interest or otherwise, in
such manner as shall appear to them most for the4)enefit and advantage
of the parties interested in the said estate.
And whereas Edward Stevenson, late of the borough town and county
of West Chester, and late Colony of New York Yeoman deceased, in his
life time, by his bond or obligation, bearing date the sixth day of August,
in the year of our Lord one thousand seven hundred and sixty eight,
became bound to James Jauncey, then of the city of New York, mer-
chant, for the payment of one thousand five hundred pounds, lawful
money of the late colony of New York ; and for the better securing the
payment thereof he the said Edward Stevenson and Gloriana his wife,
did mortgage his farm at Frogs Neck, in the county of West Chester
aforesaid, to the said James Jauncey in fee.
And whereas it appears to the legislature that the said James Jauncey
during the late war between the United States of America and the King
of Great Britain, received, at different times, of the estate of the said
Edward Stevenson divers sums of money to the amount of the said
bond. Therefore
Heirs, eto^ Be it further enacted by the authority aforesaid^ That as well the
ste^nson heirs, executors and devisees of the said Edward Stevenson, and each
discharged and every of them, as the said farm and lands so mortgaged to the said
mortgage. James Jauncey, shall be, and hereby is and are released, acquitted and
for ever discharged of and from the said bond and mortgage, and of
and from all actions, suits and demands whatsoever, for by reason or
on account of the same bond and mortgage, or either of them.
And whereas Goldsbrow Banyar and Hugh Wallace, did on or about
the third day of June in the year of our Lord, one thousand seven hun-
dred and seventy five, sell and convey in fee simple, unto William John-
ston, then of the county of Albany clerk, all that certain parcel of land,
part of a larger tract, granted by letters patent to Alexander Wallace
and others, the sixteenth day of June, in the year one thousand seven
hundred and seventy, situated on the southerly side of the Susquehanah
river, comprehending the lots, number seventy, number seventy one,
number seventy two, and number seventy three, beginning on the bank
of the said river, at the fence made between John Glassford Junior, and
William Johnston, and runs thence south one hundred and eighty chains
and fifty links, to the out line of the patent, near a hemlock comer,
marked sixty nine, seventy; thence along the said line west, fifty nine
chains ; thence north seven degrees and fifteen minutes east, one hun-
dred and eighteen chains and fifty links, to the aforesaid river; thence
up the stream thereof to the place of beginning; containing five hun-
dred and seventy two acres, and one half, be the same more or less.
Chap. 93.] TENTH SESSION. 561
And whereas the said William Johnston paid part of the consideration
money for the said land, and executed a bond and mortgage of the same
land to the said Goldsborb Banyar and Hugh Wallace, to secure the
payment of the residue thereof, being one hundred and fourteen pounds
and eight shillings. And whereas all the estate, both real and personal
of the said Hugh Wallace, is vested in the people of the State of New-
York, by the attainder of the said Hugh Wallace ; and Witter Johnston,
son and heir of the said William Johnston, hath paid to the treasurer of
this State, for the use of the State, the part and share of the monies
which was due to the said Hugh Wallace on the said bond and mort-
gage.
And whereas it is represented to the legislature that the conveyance
from the said Goldsbrow Banyar and Hugh Wallace was burnt upon the
destruction of Cherry Valley, in the late war. Therefore,
jBe it further enacted by the authority aforesaid^ That all the estate, Estate of
right, title, interest, claim and demand whatsoever, both in law and ?|Sjkln^
equity, of the people of the State of New York, of, in and to, or out of the lands re-
said parcel of land, so sold and conveyed to the said William Johnston, he^SI, etc.,
and of, in and to, or out of any part or parcel thereof, with the appur- jo^Jton
tenances, by means of the attainder of the said Hugh Wallace, shall be,
and hereby is granted, released and confirmed, to the heirs and devi-
sees, of the said William Johnston deceased, and to their heirs and
assigns forever.
And be it further enacted by the authority aforesaid^ That all the estate, id., to
right, title, interest, claim and demand, of the people of the State of ^ettlY!"^
New York, of, in and to, a certain farm or plantation, in the Eike
Bosch, in the district of Kinderhook, in the county of Columbia, forfeited
to the people of this State, by the conviction of Andries Kettle, late of
Kinderhook deceased; shall be, and hereby is granted to Catherine
Kettle, widow of the said Andries Kettle and to her heirs and assigns
for ever, she paying all debts contracted by her said husband, prior to
the time of his having adhered to the enemies of this State.
And whereas the estate of James Lamb late of Haverstraw in the
county of Orange, hath, by conviction of the said James Lamb, become
forfeited to the people of this State. And whereas Jacob Waldron and
Catharine his wife, and John Waldron and Elizabeth his wife the said
Catharine and Elizabeth being daughters of the said James Lamb, have
by their petition to the legislature, set forth, that the said Jacob Waldron
and John Waldron, being zealously attached to the freedom and inde-
pendence of America, upon the approach of the enemy during the late
war, left their habitations and exerted themselves in the public service,
while their estates become a prey to the ravages of the enemy, and
praying that such part of the estate of the said James Lamb, as remains
unsold, may be restored to the heirs of the said James Lamb. And
ivhereas this' legislature are satisfied of the truth of the representation,
and thinks it proper to grant the prayer of the petition. Therefore,
Be it further enacted by the authority aforesaid^ That so much of the id., to
estate of the said James Lamb, forfeited to the people of this State, as jalJ^'
remains unsold and undisposed of, pursuant to any law of this State, be, Lamb,
and the same is hereby vested in such persons (who if the said James
Lamb were now dead) according to the present law of descents within
this State, would be the lawful heirs of the said James Lamb, as tenants
in common, subject to the payment of the debts of the said James Lamb;
for which purpose, actions may be brought against the said persons, in
the same manner, and with the same effect, as if the said James Lamb
were now dead.
Vol. 2. — 71
562 LAWS OF NEW YORK. [Chap. 94.
And whereas no provision hath heretofore been made, to in title such
officers and soldiers of the regiment, lately commanded by Moses Hazen,
who were inhabitants of this State, to a like allowance of lands, to that
which hath been made to other inhabitants of this State, serving in the
army of the United States. And whereas it is equitable that such pro-
vision should be made. Therefore,
AUowance Be it further enacted by the authority aforesaid^ That the officers, non
wiment^*^ commissioned officers and privates, of the regiment aforesaid, who, at
of CJoionei the time of their entering into service in the said regiment were inhabi-
Hazeo. tants of this State, who continued in service until the termination of the
late war with Great Britain, and who have not heretofore been provided
for by any other law, or their legal representatives, shall be entitled to
the same allowance of land, as other officers, non commissioned officers
and privates, mentioned in the concurrent resolutions of the senate and
assembly, passed the twenty seventh day of March, one thousand seven
hundred and eighty three, are entitled to, by virtue of the said concur-
rent resolutions, and the acts of the legislature pursuant thereto, to be
laid out and located for them, in the tract of land set a part for that
purpose, in and by the twenty first section of the act entitled "An act
for the speedy sale of the unappropriated lands within this State, and
for other purposes therein mentioned."
CHAP. 94.
AN ACT to amend an act entitled *'An act relative to debts due
to persons within the enemy's lines," and another act entitled
"An act to explain and amend the act entitled An act relative
to debts due to persons within the enemy's lines passed 12th
July, 1782.
Passed the 20th of April, 1787.
Certain Be it enacted by the People of the State of New York^ represented in
SSchSged S^^^^^ ^^ Assembly, and it is hereby enacted by the authority of the same,
of Interest. That all persons, described in the fifth section of the said first mentioned
act, and the executors and administrators of such persons, indebted by
simple contract, bill single or penal, or any other obligation, mortgage,
security or demand whatsoever, to any person or persons described in
the said fifth section of the act aforesaid, or to the executors or admin-
istrators of such person or persons, shall be, and hereby are discharged
from any interest, which may have become due upon any such contract,
bill, obligation, mortgage or securities, since the first day of January one
thousand seven hundred and seventy six inclusively, to the first day of
May, in the year one thousand seven hundred and eighty six.
Provided, that nothing in this clause contained shall be deemed to
operate as a discharge of any interest, which may have accrued on any
such bill, obligation, mortgage or other security, executed since the first
day of January, one thousand seven hundred and seventy-seven.
Debu to And be it further enacted by the authority aforesaid, That the said
hJilfree persons so indebted as aforesaid, their executors or administrators, shall
annual in- be obliged to pay the debts, or sums by them owing, (after such deduc-
staimenta. ^j^^^ ^^ interest as aforesaid) to the person or persons aforesaid, their
executors or administrators, in the lawful current money of this State, in
three yearly instalments, and not otherwise ; to wit, one third part
Chap. 94.] TENTH SESSION. 563
thereof, on or before the first day of May, in the year one thousand seven
hundred and eighty eight, another third part thereof on or before the
first day of May, in the year one thousand ^even hundred and eighty
nine, and the other third part thereof on or before the first day of May,,
in the year one thousand seven hundted and ninety, with interest upon
the amount of such debts, or sums now due (after such deduction as
aforesaid) from the said first day of May in the said year one thousand
seven hundred and eighty six; any law, contract or usage to the contrary
thereof in any wise notwithstanding.
Prainckd always that in case default shall be made in the payment of
either of the said yearly installments, and not sooner, it shall be lawful
for the creditor or creditors, of the person or persons making such
default, to prosecute for his, her or their debt or demand in the same
manner as if this act and the acts herein before mentioned, had never
been passed; but there shall not be levied by virtue of any execution
upon any judgment, sentence or decree, thereupon obtained, any other
or greater sum, than the amount of the installment or installments, with
the interest thereon, in respect to which default shall have been made,
and no foreclosure of any mortgage, shall operate as a bar to any equity
of redemption, 'till afler the said first day of May, in the said year one
thousand seven hundred and ninety ; but it shall be lawful in every such
case, for the chancellor, to direct a sale of so much of the said mort-
gaged premises, as will be sufficient to satisfy the installment or install-
ments'which shall have become due, and the interest thereon.
Provided alsOy that the said time given as aforesaid, for the pay-
ment of such debts or demands, in cases where the creditor or creditors
has or have no mortgage, or other security, upon any lands, tenements '
or hereditaments, shall be, and the same hereby is upon the express
condition, that the debtor or debtors, his her or their heirs, executors
or administrators, as the case may be, shall, within six months from the
passing of this act, either give to the creditor or creditors, good real or •
personal security for the amount of the debt or demand, to the satisfac-
tion of such creditor or creditors; or shall deposit with, or tender to,
such creditor or creditors, if within this State, and to be found, or if not
within this State, in the hands of the treasurer of this State, for the bene-
fit of such creditor or creditors, by way of collateral security, for his,
her or their debt or demand, the full amount of the principal and inter-
est thereof, without such deduction as aforesaid, in the certificates issued
or to be issued, by the treasurer of this State; in default whereof, it shall
be lawful, for such creditor or creditors, to prosecute for his, her or
their debt or demand, in the same manner, as if this act or the acts
hereby intended to be amended, had never been passed.
Provided furthery that if such creditor or creditors, shall be willing to
accept the payment of the whole of the principal and interest of his, her
or their debt or demand, without such deduction as aforesaid, in any of
the certificates or sureties aforesaid, and shall notify the same to his, her
or their debtor or debtors; and if such debtor or debtors shall not make
payment according to such notification, within six calender months there-
after; then, and in every such case, it shall be lawful for such creditor
or creditors, to proceed in the same manner, as if this act, or the acts
hereby intended to be amended, had never been passed.
And provided further^ that nothing herein contained shall be construed Extent of
to extend to any persons creditors or debtors not comprehended in the provlaion.
acts aforesaid, except in cases of the assignment of any bond bill obliga-
tion mortgage security or demand whatsoever, made to any person or
564 LAWS OF NEW YORK. [Chap. 95.
persons whomsoever, by any person who has remained with, gone into
or was sent within the enemy's lines during the late war.
Id. And provided further^ that the same shall be deemed to extend ta
the executors and administrators of all such persons, being now deceased,
to whom the same would extend, if such person were in full life, whether
the said person died before or since the passing of the said first men-
tioned act.
Id. Frmnded nevertheless^ that the same shall not be deemed to extend to
any subjects of the king of Great Britain, comprehended in the treaty of
peace between the United States of America, and the said king.
Acts And be it further enacted by the authority aforesaid^ That all such parts
repeated!** ^^ ^^ said acts last mentioned, as are in any wise repugnant to the true
intent and meaning of this act, be, and the same are hereby repealed.
CHAP. 95.
AN ACT to amend an act, entitled "An act for the better laying
out regulating and keeping in repair, all common and public
high ways and private roads, in the counties of Ulster, Orange,
Dutchess, Washington, Westchester, Albany and Montgom-
ery."
Passed the 20th of April, 1787.
Commis- Be it enacted by the People of the State of New York^ represented in
highways Senate and Assembly, and it is hereby enacted by the authority of the samey
iQ Albany, That the justices of the city and county of Albany, and counties of
eiy and™ Montgomery and Columbia respectively, shall, at the next general ses-
Golumbla. gions of the peace in and far the said counties respectively, which shall
be held after the first Tuesday of September next, or at any general ses-
sions of the peace within six months thereafter, appoint for each town
in such counties, instead of the commissioners directed to be elected by
virtue of the said act hereby intended to be amended, of the freeholders
actually residing in such towns, not more than five, nor less than three
commissioners of the highways.
Roads to And be it further enacted by the authority aforesaid. That it shall be^
and ex-^ and it is hereby expressly made the duty of the commissioners of high-
tended to ways, in every town in the said counties, to cause all public roads in
ffwidt^. such respective counties, to be opened and extended, within six months
after the passing of this act, to the breadth of two rods at the least; and
that no compensation shall be made to any proprietor or proprietors of
anv land which such roads shall include, in consequence of such open-
ing or extension.
Orchards And be it further enacted by the authority aforesaid^ That it shall and
dens*"^" niay be lawful to and for the commissioners of the highways, to lay out
across or through any garden or orchard, any public road or highway,
unless such orchard shall be of the growth of at least four years, or such
garden shall have been cultivated as such, at least four years, before
such road or highway shall be laid out.
New road And be it further enacted by the authority aforesaid. That all public
ro<&wide. '"O^ds or highways hereafter to be laid out by virtue of the act hereby
* amended, shall be four rods wide at the least.
Additional And be it further enacted by the authority aforesaid^ That whenever any
loadaln road district in the counties of Albany, Montgomery and Washington^
Chap. 95.J TENTH SESSION. 565
shall require a greater number of days work to make or repair any of counties
the roads, in any of the said counties, than are or shall be rated on the "*™® *
inhabitants of such road district, by the commissioners at their annual
meeting, agreeable to the directions contained in the fifth section of the
act hereby amended, that then and in such case, it shall and may be
lawful, for the overseers of any such road district, to cause the several
persons on his list named, to work a further. number of days, in propor-
tion to the number of days such persons shall have been respectively
rated, as aforesaid ; any thing in any former law to the contrary not-
withstanding.
And whereas in and by the act hereby intended to be amended, no
provision is made in cases where any dispute may arise about the roads
between adjoining counties; for remedy whereof.
Be it enacted by the authority aforesaid^ That whenever any dispute Disputes
shall arise about any road, leading or extending, or intended to extend JiJonic^*^
from one county into another county, it shall and may be lawful for the 'rom one
commissioners of the highways in the town aggrieved, to apply to any Smother,
one justice of the peace of the county, who is hereby required to issue
his precept, directed to the sheriff of such county, requiring and com-
manding him to summon twelve freeholders, not interested in the road
so in dispute, to be and appear before him at a time and place to be
mentioned in such precept ; and the said justice shall give notice in
writing, under his hand, to some one justice of the peace in the adjoin-
ing county, with which the dispute subsists, who is also hereby required
to issue his precept to the sheriff of such county, who shall also sum-
mon twelve sufficient freeholders as aforesaid; and the said justices
shall agree on a day certain, (not more than twenty, nor less than five
days) from the date of such precept, when and where they shall meet ;
and the said justices, freeholders, commissioners and sheriff, being so
met, the said justices shall proceed to draw, by ballot, six of such free-
holders out of each twelve so summoned from the two counties ; and
when six men from each list shall be so drawn, and sworn by one of
the justices, well, truly and impartially, to determine the matter in dis-
pute, respecting the most convenient place for such road to cross the
line which divides such counties, they shall be one jury, notwithstand-
ing they are summoned from different counties ; and such jury, together
with the two justices, the commissioners and sheriff, shall proceed to
view the road so in dispute, and when the said jury shall have carefully
viewed the premises aforesaid, and heard the proofs and allegations of
the contending parties, they shall go together in some convenient place,
and after any nine or more of them shall agree on a verdict, they shall
deliver the same, in writing, under their respective hands and seals, to
the said justices, who shall also subscribe the same ; which verdict shall
be lodged in the office of the clerk of such county, where the complaint
was first made, there to be entered of record ; and the said justices
shall make two other copies of the said verdict, and shall deliver one
of them to the clerk of one town, and the other to the clerk of the
other town, through which the said road shall be so established in the
<iifferent counties, between which such dispute did subsist ; and the
clerks of such towns, shall respectively, enter the same in the records
of such towns ; after which it shall be the duty of the commissioners
in the respective towns, to open such road agreeable to the verdict of
the jury aforesaid, and cause the same to be repaired, as other public
roads in anv such county are repaired.
ProvidecLy That this clause shall only extend to the counties of Albany, Extent of
Washington and Montgomery. clause.
566
LAWS OF NEW YORK.
[Chap. 96.
pubUo
offloer.
FeDaltyfor And be it further enacted by the authority aforesaidy That if any jus-
S^*by^' tice, commissioner, sheriff or other person, shall neglect or refuse, to do,
■'"''"" execute or perform, any of the duties hereby enjoined on him, oi them,
by this act, such person or persons, shall respectively, forfeit the sum
of two pounds, to be recovered by any overseer of the highways, in the
town where such default shall have been, before any justice of the
peace, in either of said counties with costs ; and when recovered to be
applied towards repairing the public roads, in the town where such
neglect or refusal shall have happened, in the manner directed in and
by the act hereby amended.
CHAP. 96.
AN ACT for partition of the lands therein mentioned, among the
devisees of John Bradstreet and Martha Bradstreet, in the pro-
portions directed by their respective wills, and for other pur-
poses therein mentioned.
Passed the 20th of April, 1787.
Preamble. WHEREAS two certain letters patent, have lately been issued, under the
great seal of this State, bearing date the twelfth day of January 1786; for
granting two certain tracts of land therein described, to Agatha Evans,
the wife of Charles John Evans, Elizabeth Livius, wife of Peter Livius,
and Samuel Bradstreet and Martha Bradstreet, children of Samuel Brad-
street deceased, which tracts of land, are also described in an act passed
the fifth day of May last, entitled "An act to enable Charles John Evans
and Agatha his wife, to make the conveyance therein mentioned." And
whereas, in pursuance of the said act the said Charles John Evans and
Agatha his wife, have made such conveyance and grant of ten thousand
acres, parcel of the said two tracts of land, as in and by the said act
they were impowered to make. And whereas, the patentees named in
the said letters patent, ought to have been interested in the lands thereby
granted, in like manner, as they would have been by, and under the
wills of the said John Bradstreet, and Martha Bradstreet his daughter,
if the said lands had been granted to the said John Bradstreet, in his
life time. And whereas^ it is the interest of the State, that its waste lands
should be settled and cultivated, as soon as possible, and it hath been
represented to the legislature, that it would also be for the benefit of all
the said parties, that partition should be made of the residue of the said
lands vested in them the said Agatha Evans, Elizabeth Livius, Samuel
Bradstreet and Martha Bradstreet; but the act for the partition of lands,
does not afibrd a mode proper for a case, where the parties are inter-
ested in different proportions ; and a voluntary partition thereof cannot
be effected, as the said Samuel Bradstreet and Martha Bradstreet, two
of the said patentees are infants. And whereas, a survey and map of
such parts of the said tracts, granted by the said letters patent, as* are
still vested in the said patentees, have been made by William Cockbum,
and the same run out and divided into a number x)f lots, for the purpose
of making partition of the said lands into two parts, equal in quantity
and quality; which lots were entered in two books, ready to be ballotted
for, upon such partition. And whereas^ there is a certain gore or nar-
row piece of land adjoining to the said tracts of land, granted by the
said letters patent, and bounded as follows, that is to say, beginning
upon the west branch of Delaware river, where the line of property
Chap. 96.] TENTH SESSION. 567
between this State, and the State of Pensylvania, touches the said
river; and running from thence along the boundary line, between this
State and Pensylvania, to the mouth of Unadilla branch of the Sus-
quehanna river ; thence up the said Unadilla, to the land granted to
Alexander Wallace and others; and thence along the west bounds
thereof, and of the lands granted to the said Agatha Evans and others,
to the place of beginning. And whereas it appears to the legislature,
that the said gore ought upon the same equitable principles, on which
the letters patent herein before mentioned were founded, to have been
gjanted to the devisees of the said John Bradstreet and their represent-
atives, but that by mistake, it was not included in the letters patent
aforesaid, which mistake the legislature are disposed to rectify. There-
fore,
Be it enacted by the People of the * State of New Yorky represented in Governor
Senate and Assembly ^ and it is hereby etiacted by the authority of the same^ fettSU pat-
That it shall and may be lawful for the governor of this State, for the ©nt to
time being, by letters patent under the great seal of this Slate, to grant named!
the said gore or narrow piece of land, to the said Agatha Evans, Eliza-
beth Livius, Samuel Bradstreet and Martha Bradstreet, in fee, in the
usual manner, upon payment of the sum of one shilling for each acre
thereof, in any public securities receivable upon the sale of confiscated
property.
And be it further enacted by the authority aforesaid ^ That William Commis-
Maxwell, Daniel McCormick and Richard Harison, all of the city of make^^
New York, shall be, and they are hereby nominated and appointed, f***on of
commissioners for dividing all and singular the said two tracts of land,
mentioned in the said letters patent, (except such part thereof as has
already been conveyed to William Walton and Gerard Walton) and also
for dividing the said gore, between the said Agatha Evans, Elizabeth
Livius, Samuel Bradstreet and Martha Bradstjeet, in a fair and equit-
able manner, according to their respective interests in the same, under
the wills of the said John Bradstreet, and his daughter Martha Brad-
street deceased. And that the said commissioners shall and may, in
dividing the said tracts already granted, make use of the said survey
and books heretofore made and performed by William Cockburn for
the use of the said parties; a true copy of which survey and books shall
be filed as well in the office of the secretary of this State, as in the office
of the clerk of Montgomery county, previous to the said division. And
that the same division may be duly performed, the said commissioners,
or any two of them, shall in the first place, make a division of the said
tracts into two parts by balloting for the lots as they are contained in
the said books, in the presence of one or more of the judges of the
supreme court of this State ; and upon such balloting, the said Agatha
Evans, shall be and become seized in fee, in severalty, of all and singu-
lar the lots of land, described in the book drawn for her, in like manner
as if they had been granted to her alone by the said two letters patent;
and the lots of land described in the other book, shall be, and become
the property of the said Agatha Evans, Elizabeth Livius, Samuel Brad-
street and Martha Bradstreet, in like manner, as if they had been granted
in fee, to the aforesaid Martha Bradstreet deceased, in her life time,
according to their several rights, under the said wills.
And be it further enacted by the authority aforesaid^ That the said f^^^^**"
commissioners or any two of them, shall and may at any time or times raoietyof
within the space of six months, from and after the said first division so j5^*{^^**^'
to be made as aforesaid, subdivide that moiety of the said tracts of land, share of
which shall so as aforesaid, fall to the share of the said Agatha Evans, Samed!
568 LAWS OF NEW YORK. [Chap. 96.
Elizabeth Livius, Samuel Bradstreet and Martha Bradstreet, into three
parts, by setting down upoa three seperate tickets, the number of such
lots comprising the said moiety, in such a manner, as to make the said
three parts as nearly equal as possible in quantity and quality ; which
tickets shall be put into a box, and three other tickets shall be put into
another box, one of them marked with the name of the said Agatha
Evans, another of them marked with the name of the said Elizabeth
Livius, and the third marked with ihe names of the said Samuel Brad-
street and Martha Bradstreet, and the said tickets shall thereupon be
drawn out of the said boxes alternately, first a ticket with the number
of lots, and then the ticket of names, by an indifferent person to be
appointed by the said commissioners, or any two of them, in the pres-
ence of one or more of the judges of the said supreme court ; and the
several lots mentioned in the ticket drawn immediately before the ticket,
bearing the name of the said Agatha Evans, shall, upon such balloting,
vest in the said Agatha Evans, in like manner, for the same estate, and
subject to such limitations, and contingencies, to the said Elizabeth
Livius, as in and by the last will and testament of the said Martha
Bradstreet, are expressed; as to the one third part of her estate, so as
aforesaid devised, to the said Agatha Evans. And in like manner, the
lots mentioned in the ticket, drawn immediately before the ticket, bear-
ing the name of Elizabeth Livius, shall be vested upon such balloting,
in the said Elizabeth Livius, in like manner, as she would be entitled,
to the one third part of the real estate of the said Martha Bradstreet
deceased, by virtue of her last will and testament aforesaid, subject to
the contingent right of the said Agatha Evans, in the same. And the
several lots mentioned in the ticket drawn immediately before the ticket,
bearing the name of the said Samuel Bradstreet and Martha Bradstreet,
shall be vested in them upon such balloting ; in the Hke manner, and
subject to the same limitations, in favour of the said Agatha Evans and
Elizabeth Livius, as the one third part of the real estate of the said
Martha Bradstreet, is, in and by her will, devised to them.
SubdivlB- And be it further enacted by the authority aforesaid^ That the said
to°be'pat^^ commissioners or any two of them, shall cause the said gore, when
ented. granted as aforesaid, to be surveyed and divided by a surveyor, to be
by them nominated and appointed, into six lots, as nearly equal in quan-
tity and quality as possible ; a copy of which survey, subscribed by the
said commissioners, or any two of them, shall be filed in the said secre*
tary's office ; and another copy in the office of the clerk of Montgomery
county aforesaid ; and the said commissioners or any two of them, after
such survey made and filed as aforesaid, shall, in the presence of one or
more of the judges of the supreme court, as aforesaid, proceed to divide
the said lots, by ballot, as nearly as possible, in the manner herein before
prescribed '; and upon such balloting shall cause three of the said lots,
to be first drawn, for the said Agatha Evans, who shall thereupon be
solely seized thereof in fee ; and the other three lots, shall be drawn
against the names of the said Agatha Evans, Elizabeth Livius and Sam-
uel Bradstreet and Martha Bradstreet, who shall respectively upon such
balloting, have such estates in the said three lots, as they respectively
are by virtue of this act to have in their several proportions of the moiety
of the lands already granted, which is so as aforesaid to be divided
between them.
Keport of And be it further enacted by t/ie authority aforesaid, That the said com-
sionereto niissioners or any two of them, shall make and set down in writing, all
bellied, their proceedings respecting the said balloting and partition; one copy
whereof, certified under the hands of the said commissioners, or any two
Chap. 97. j TENTH SESSION. 569
of them, and under the hands of the judges present, at such division,
shall be filed in the said secretary's office; and another copy thereof,
certified in like manner, shall be filed in the office of the clerk of
Montgomery county ; either of which same certified proceedings, or an
attested office copy thereof, shall for ever thereafter be good evidence
of such partitions.
And be it further enacted by the authority aforesaid^ That the expences Expenses
of the said divisions, shall be borne and paid by the several persons, ^i'^p^^";,
interested in the said tracts of land, in the following proportions, that paid,
is to say, seven twelfths parts thereof by the said Agatha Evans, three
twelfths parts thereof by the said Elizabeth Livius, and two twelfths
parts thereof by the said Samuel Bradstreet and Martha Bradstreet
equally.
CHAP. 97.
AN ACT to regulate the circulation of copper coin.
Passed the 20th of April, 1787.
Be it enacted by the People of the State of New York^ represented in Copper
Senate afid Assembly^ and it is hereby enacted by the authority of the same, weight and
That from and after the first day of August next, no coppers shall pass v*!"®
current in this State, except such as are of the standard and weight of
one third part of an ounce averdupois, of pure copper, which' coppers
shall pass current at the rate of twenty to a shilling of the lawful current
money of this State, and not otherwise.
And be it further enacted by the authority aforesaid, That if any person Penaltyfor
or persons, shall after the said first day of August next, offer in payment pjyment*"
any copper coin, other than of the standard and weight aforesaid, such copper
copper coins shall be liable to be seized, and shall be forfeited to the fnferior
use of the person or persons who shall seize the same. And it shall be JuJfity^'
lawful for any person or persons, to whom such offer of payment shall
be, to seize and take such copper coin; and the person or persons mak-
ing such seizure, shall forthwith give information thereof, and shall
deliver the coppers so seized to some justice of the peace of the city or
county in which such seizure shall have been made; and the said cop-
pers shall remain in the custqdy of such justice of the peace, for the
space of ten days; and if not claimed within that time, shall be adjudged
to be forfeited, and shall be returned to the person or persons who
delivered the same to such justice of the peace. And the person or
persons seizing such coppers shall on the request of the person or per-
sons offering the same payment, give information of the name of the
justice to whom they shall have been delivered. And in case the said
coppers should i)e claimed, and the legality of the seizure controverted,
it shall be lawful for such justice to hear and determine the same, in a
summary manner; provided tht sum for which such coppers shall have
been offered in payment, do not exceed the sum of forty shillings; but
if the same shall exceed the sum of forty shillings, then the said justice
of the peace, if either of the parties require it, shall take to his assist-
ance two able and sufficient freeholders, who, under oath, shall with
said justice summanly hear and determine the said claim and contro-
versy, and their judgment in the case shall be final between the parties.
And the said justice shall, after such determination, deliver the coppers
deposited with him, to such of the said parties as shall be adjudged
Vol. 2.-72
570
LAWS OF NEW YORK.
[Chap. 9S.
Act not to
extend to
coin struck
by Uoited
States.
Penalty for
attempting
topaaa
base metal.
to be intitled to the same, according to the true intent and meaning of
this act.
Provided that nothing in this act contained, shall be construed to
extend to any copper coin to be struck by the United States of America
in Congress assembled.
And be it further enacted by the authority aforesaid^ That if any person
or persons shall pass, or offer to pass in payment, any coppers of base
metal, or of a standard or weight different from that which is hereby
permitted to pass, knowing the same to be of such base metal, or of such
different standard or weight, such person or persons shall forfeit five
times the value of the sum, for which such coppers shall be so offered
or passed in payment, to be recovered with costs of suit, before any
justice of the peace, by any person that will sue for the same; which
justice is hereby fully impowered and required summarily, to hear and
determine the same, and to award execution thereupon, if the said for-
feiture shall not amount to more than six pounds current money of this
State ; but if such forfeiture shall amount to more than that sum, then
to be recovered with costs of suit, in any court of record within this
State, by action of debt, bill or information; in either case, to the use
of the person or persons who will sue for the same.
CHAP. 98.
Prisoners
confined
for debts
to be dis-
charged.
Persons
discharged
Dot to be
again con-
fined for
same cause
AN ACT for the relief of insolvent debtors, with respect to the
imprisonment of their persons.
Passed the 20th of April, 1787.
Be it enacted by the People of the State of New York, represented in
Senate and Assembly, and it is hereby enacted by the authority of the same^
That all and every person and persons, now confined in any gaol within
this State upon execution, or upon any other writ or process, or by vir-
tue of any judgment or order of any court of record, or warrant from
any justice of the peace, for any debt or debts, or sum or sums of money,
or fine or fines, or forfeiture or forfeitures, not exceeding in the whole
the sum of fifteen pounds exclusive of costs, shall be discharged from
such imprisonment ; and the sherif, gaoler, or keeper of the gaol in which
any person is confined as aforesaid, shall upon notice of this act, dis-
charge such person out of custody, if detained for such debt, sum of
money, fine or forfeiture, and for no other cause. And no such gaoler
shall be liable to any action of escape, or other suit or information uix)n
account thereof. And if any action, suit or information, shall be brought
or exhibited against any such sheriff or gaoler, for or on account of such
discharge, such sheriff or gaoler, may plead the general* issue, and give
this act in evidence; and if the plaintiff shall be non suited, or discon-
tinue his or her action, or judgment shall be given against him or her,
upon a verdict or demurrer, the defendant shall have treble costs.
And be it further enacted by the authority aforesaid, That no person
discharged from imprisonment by virtue of this act, shall at any time
thereafter be imprisoned for the same cause ; and if any such person so
discharged shall be arrested for the same cause, it shall be lawful for any
judge of the court, out of which the process shall have issued, to dis-
charge such person out of custody; so as such person do give a warrant
to some attorney of the same court, to appear and plead to such action.
Chap. 99.] TENTH SESSION. 571
Provided always^ and be it further enacted by the authority aforesaid^ Act not to
That notwithstanding such discharge, all and every debt and demand, bu?t*y for
against such person so discharged, and all and every judgment and <i«bt or
decree had or obtained, or to be had or obtained, against him, or her, S^Sfnst^"
shall stand, and b^ good and efiectual in law, to all intents and purposes, property,
against the lands, tenements, hereditaments, goods and chattels, of such
person so discharged, which he, or she, or any person or persons for
him or her, hath at the time of such discharge, or at any time thereafter
may have, or be m any wise seized of, or entitled to, either in law or
equity, except the arms and accoutrements of such person, and the
necessary wearing apparel and bedding, of himself, and of his wife and
children And it shall and may be lawful for any creditor of such per-
son so discharged, and at whose suit such person is now confined, and
for the executors or administrators of such creditor, to take out a new-
execution, against the lands, tenements, hereditaments, goods and chat-
ties, of such person so discharged, except as before excepted, for the
satisfaction of his or her debt, in such suit, manner and form, as he or
she might have done, if such person had never been taken in execution.
And in case no judgment is obtained by such creditor, against such
person so discharged, then it shall be lawful for such creditor to con-
tinue or prosecute his or her action to judgment, and to take out execu-
tion as aforesaid, against the lands, tenements, hereditaments, goods and
chattels, of such person or persons so discharged, except as before
excepted, for the satisfaction of his or her debt, or damages, and costs
of suit ; but the person of such debtor so discharged, shall not be impris-
oned for the same debt or debts, sum or sums of money, fine or fines,
forfeiture or forfeitures, for which he or she is now confined, or for any
or either of them.
CHAP. 99.
AN ACT for the payment of the salaries of the officers of govern-
ment and other contingent charges.
Passed the 21st of April, 1787.
Be it enacted by the People of the State of Neuf York^ represented in Anoual
Senate and Assembly^ and it is Jiereby enacted by tJie authority of the same, \f^^^^
That the treasurer of this State shall pay, out of any unappropriated
nK)nies in the treasury, the sums of money herein after directed, vizt.
To his excellency the governor, for administring the government of Governor,
this State, from the first day of July last, to the first day of July next,
at and after the rate of one thousand five hundred pounds per annum.
To the person administring the government of this State, for the time id.
being, to defray the incidental charges which may arise in and about
the administring the government of this State, such sum or sums of
money as he shall from time to time, by warrant under his hand, and
the privy seal of the State, draw from the treasury f6r the purpose, not
exceeding in the whole the sum of one hundred and fifty pounds.
" To his excellency the governor for disbursements on his late journey w.
to the county of Columbia, at the request of the legislature the sum of
ninety three pounds, eighteen shillings and five pence.
To the Honorable Robert R. Livingston, Esquire, chancellor, of this chanceUor.
State, for hi« services in that station, from the first day of July last to
the first day of July next, at and after the rate of five hundred pounds
per annum.
572
LAWS OF NEW YORK.
[Chap. 99.
Chief
justice.
Puisne
Justices.
Deiefi^ates
iu CoDgress
Council of
appoint-
ment.
Members
of legls-
ature.
Secretary
of State.
Id.
Id
Governor's
secretary.
Treasurer.
To the honorable Richard Morris, Esquire, chief justice of this State,
for his services in that station, from and to the respective times afore-
said, at and after the rate of five hundred pounds per annum.
To the honorable Robert Yates and John Sloss Hobart Esquires,
puisne justices of the supreme court of this State, respectively for their
services in that station, from and to the respective times aforesaid, at
and after the rate of five hundred pounds per annum.
To each of the delegates of this State in the Congress of the United
States, at and after the rate of twenty four shillings per day for such
time as they shall have attended or were going to, or returning froni
Congress to the respective places of their abode, according to such
accounts as they shall respectively produce, audited by the auditor of
this State.
To the members of the council of appointment, at and after the rate
of sixteen shillings per day, for their attendance on the council in the
recess of the legislature and for the time of their travelling from and to
their respective places of abode, according to such accounts as they
shall produce, certified by the clerk of the said council.
To the members of the senate and assembly, for each and every day
they shall have attended in senate or assembly, during the present meet-
ing of the legislature, and for each and every day they shall have been
or may be travelling to and from their respective places of abode, to
the place of the meeting of the legislature, the sum of fourteen shillings
per day each ; such travelling charges to be computed at and after the
rate of thirty miles per day, agreeable to such accounts thereof as they
shall respectively produce, certified by the president of the senate, or
speaker of the assembly, (as the case may be) and the accounts of the
president of the senate, to be certified by the clerk of the senate, and
the account of the speaker of the assembly, to be certified by the clerk
of the assembly.
To the secretary of the State, for attending the legislature during the
present session, for the purpose of receiving the laws and attending the
council of appointment, from the first day of July last to the first day
of July next, at and after the rate of thirty pounds per annum.
To the said secretary for his services in recording the laws, making
copies thereof with marginal notes for the press, and making copies
by direction of the governor, or of the senate and assembly, and for
engrossing the minutes of the council of appointment, from time to
time, after the rate of one shilling and six pence per sheet, each sheet
to consist of one hundred and twenty eight words, agreeable to such
account thereof as he shall produce, audited by the auditor of the State.
To the said secretary for his extra services, as secretary to the com-
missioners of the land office to the time of passing this act, the sum of
forty pounds.
To the secretary to his excellency the governor, at and after the rate
of one hundred and fifty pounds per annum.
And be it further enacted by the authority aforesaid^ That it shall and
may be lawful for Gerard Bancker Esquire treasurer of this State, to
retain in his own hands, the sum of five hundred pounds for his ser-
vices as treasurer from the first day of July last to the first day of July
next, and the farther sum of seven hundred and seventy three pounds,
eighteen shillings and nine pence for the incidental charges of his office,
from and to the respective times last aforesaid.
And be it further enacted by the authority aforesaid. That the said
treasurer shall pay to the following persons the sums herein after men-
tioned vizt.
Chap. 99.] TENTH SESSION. 573
To Egbert Benson Esquire, attorney general of this State, for his Attorney-
services in that station, from the first day of July last to the first day of ko^^o^I-
July next, at and after the rate of six hundred pounds per annum.
To the auditor of this State, the sum of three hundred and fifty Auditor,
pounds for his services as auditor for one year, ending the twenty third
day of March last.
To Simeon De Witt surveyor general of this State, such sums as shall Surveyor-
be certified by the auditor of this State to be due to him for his salary, s®"®^^-
and the expences of his office to the first of May next.
To Nicholas Fish adjutant general of the militia of this State, the Adjutant-
sum of two hundred and fifty pounds in full, for his salary from the «®°®'**-
thirteenth day of April one thousand seven hundred and eighty six to
the thirteenth day of April instant.
To the collector of the customs for the port of New York, in quar- collector
terly payments, at and after the rate of fifteen hundred pounds per york.^
annum.
To the collector of the customs for the port Sagg Harbour, at and id., at Sag
after the rate of fifty pounds per annum. Harbor.
To the surveyor and searcher, at and after the rate of two hundred surveyor,
and fifty pounds per annum.
To each of the land and tide waiters, the sum of ten shillings per Tide wait-
day.
To John McKesson and Abraham B. Bancker Esquires, clerks of the Clerks of
assembly and senate, each the sum of thirty shillings per day, for their SllSwifbiy.
respective services during the present session ; and also the amount of
such accounts for monies by them respectively advanced for the use of
the assembly and senate, as they shall respectively produce, certified by
the president of the senate or speaker of the assembly, as the case may
require.
To the doorkeepers of the senate and assembly, at and after the rate Doorkeep-
of sixteen shillings per day, agreeable to such certificates thereof as ®"-
they shall respectively produce, certified by the president of the senate
or speaker of the assembly, as the case may be.
To the sergeant at arms, at and after the rate of twelve shillings per Serj^eant*
day, agreeable to such certificate thereof as he shall produce, certified a'-arms.
by the speaker of the assembly.
To Samuel Loudon, printer to this State, the sum of fivQ hundred state
and thirty pounds in full for his services in that station including the ^^'^^^
present year.
To Andrew Moody commissary of military stores, the sum of forty commto-
pounds, in full for his salary from the thirteenth day of April one thou- JJfJt^
sand seven hundred and eighty six to the thirteenth day of April instant, storea.
To the said Andrew Moody, for the purpose of enabling him to col- id.
lect and secure the cannon, and other public stores, according to such
directions as he shall receive from his excellency the governor or per-
son administring the government of this State for the time being the
sum of one hundred and fifty pounds, for which sum he shall be
accountable.
To the said Andrew Moody, such sum as the auditor of this State shall id.
certify to be due to him, for the expences of repairing the carriages and
harness, of four of the field pieces of this State, in pursuance of concur-
rent resolutions of the senate and assembly of the fifth day of March last.
To Samuel Jones and Richard Varick Esquires, for revising and Revision
digesting the laws of this State, such sums as shall be certified by the ^ *'^'
auditor of this State to be due to them respectively, for their services in
that station.
/
/
574
LAWS OF NEW YORK.
[Chap. 99.
Indian
affaire.
Pennsyl-
vania
boundary
line.
Id.
Commls-
sionere of
forfeitures
Commis-
sionere to
convention
Commis-
sioners of
pensions.
Montgom-
ery monu-
ment.
Henry
Broadwell.
Antiiony
Post.
Peter
Stayver-
sandt.
To Abraham Cuyler, Henry Glen and Peter Schuyler Esquires, com-
missioners of Jndian affairs for this State, the sum of twenty four pounds
seven shillings and eight pence, for that sum due to them on their account
for extra expenditures in the said department, as audited by the auditor
of this State ; and the sum of forty pounds to each of them for their
services, in the execution of their respective offices as aforesaid, to the
first day of May next.
To Simeon DeWitt and James Clinton Esquires, such sums as shall
be certified by the auditor of this State to be due to them for their ser-
vices and disbursements, in running the line between this State and the
common-wealth of Pensylvania; allowing to the said James Clinton
Esquire, one pound twelve shillings for every day he has been upon the
said service ; and to the said Simeon DeWittf for his extraordinary ser-
vices, as a commissioner in running the line aforesaid, the sum of forty
pounds.
To the commissioners appointed or to be appointed on the part of
this State to continue the running out making and ascertaining the juris-
diction line between this State and the common-wealth of Pensylvania
a sum or sums not exceeding in the whole the sum of six hundred
pounds for which they are to be accountable.
To the commissioners of forfeitures for the western district the sum
of two hundred pounds on account.
To the commissioners appointed by this State, to attend at the con-
vention held at Annapolis in Maryland in the month of September last,
for their expences upon that occasion, such sum as the auditor of the
State to be due to them respectively.
To Richard Varick, Richard Piatt, Abraham Tenbroeck, Peter Ganse-
voort Junior, and Philip Schuyler Esquires, appointed commissioners by
the act entitled "An act making provision for officers soldiers and sea-
men, who have been disabled in the service of the United States," for
examining invalids in pursuance of the said act between the first day of
May last and the first day of June next, according to such accounts
thereof as they shall produce, audited by the auditor of this State ; and
in settling of which accounts, the auditor shall audit the accounts of the
said commissioners in New York seperately from those in the city of
Albany, and shall allow the sum of one shilling per sheet, each sheet to
contain seventy two words, for the drafts, and nine pence per sheet for
the copies of all depositions and certificates, to be divided among the
said commissioners in New York and Albany respectively, as they shall
agree on.
To the chamberlain or treasurer of the corporation of the city of New
York, the sum of fifty pounds, to be applied by the common council of
the said city to defray the expence of erecting the monument in memory
of the late General Montgonmry.
To Henry Broadwell the sum of thirty pounds, for a building by him
erected on a lot of ground forfeited to the people of this State by the
attainder of James De Lancey Esquire and which was with the said lot
sold by the commissioners of forfeitures for the southern district.
To Anthony Post the amount of the costs which shall have been
adjudged to be paid by him in an action brought against him by James
Leonard for the mesne profits of a house and lot located by the said
Anthony Post.
And be it further enacted by the authority aforesaid^ That the treasurer
of this State shall deliver to Peter Stuyversandt the money and plate
belonging to him, deposited in the treasury during the late war, by the
commissioners of sequestration for thecounty of Dutchess.
Chap. 99.] TENTH SESSION. 575
And be itjurther enacted by the authority aforesaid^ That Peter T. Cur- cierk of
tenius auditor of this State, Richard Varick and Samuel Jones Esquires 5S5JJI*'®
shall be and hereby are authorized and required to liquidate and settle
the accounts of the clerk of the supreme court for his services, both as
clerk of the supreme court and as clerk of the courts of oyer and ter-
miner and gaol delivery, in prosecutions on behalf of the people of the
State of New York against persons for having adhered to the enemies
of this State, and in other prosecutions on behalf of the people of the
Statd of New York and the treasurer is. hereby authorised and directed
to pay the amount of such ballance as may be certified by the said Peter
T. Curtenius, Richard Varick and Samuel Jones, or any two of them, to
be due to the said clerk for his services.
And be it further enacted by the authority aforesaid^ That Peter T. Airents.
Curtenius auditor of this State, do collect and lay before the legislature boundary
at their next meeting, the accounts of the several persons who were contro-
cmployed as agents or commissioners to collect and procure evidence, ^®"^*
vouchers and materials for manifesting and maintaining the boundaries
and jurisdiction of this State, and the accounts of the persons employed
by the said commissioners ; and the accounts of the several persons who
have been employed as commissioners for vindicating the right of juris-
diction of this State, against the claims of the commonwealth of Massa-
chusetts, pursuant to the articles of confederation and perpetual union
of the United States, and of the several persons who have been employed
in making preparations for defending the rights of this State, against
the said claim.
And whereas the real estate late of John Kane, forfeited to the people
of this State, by the attainder of the said John Kane, hath been sold ;
and it now appears that the same estate, long before the forfeiture
thereof, was mortgaged to John Montresor, for securing the payment of
the sum of one thousand three hundred pounds, who hath caused suits
to be brought against the purchasers of the said lands. Therefore,
Be it further enacted by the authority aforesaid^ That it shall and may John Mon-
be lawful for the treasurer of this State, and he is hereby required, out ^"^^^^
of any money in the treasury, not otherwise appropriated, to pay to the
said John Montresor, or his attorney, the said sum of one thousand three
hundred pounds with the interest thereof since the first day of January
in the year of our Lord one thousand seven hundred and eighty three,
and the costs of the said suits and that the said treasurer, upon payment
thereof, procure an assignment of the said mortgage to the people of
the State of New York.
And whereas Angus McLean of the county of Ulster, now deceased,
on the twenty third day of March in the year of our Lord one thousand
seven hundred and eighty four, located and purchased of the commis-
sioners of forfeitures, for the middle district, for the consideration of
two hundred and forty eight pounds ten shillings in depreciation certifi-
cates, two hundred and forty eight acres and a half of land in the county
of Ulster, which was then deemed to be forfeited to the people of this
State, by the attainder of David Colden, And whereas it is represented
to the legislature, that the representatives of the said Angus McLean
deceased, have been dispossessed of the said premises by Cadwallader
Colden, in whom the said lands are said to be legally vested. And
whereas it is reasonable that the representatives of the said Angus
McLean, be compensated for the costs and expences they have been put
to in the prosecution of their claim, under the conveyance aforesaid.
Therefore,
576 LAWS OF NEW YORK. [Chap. 99.
Anffus Be it further enacted by the authority aforesaid^ That it shall and may
heireo?.' ^^ lawful for the treasurer of this State, out of any monies remaining
in his hands unappropriated, to pay to the representatives of the said
Angus McLean, all costs which may have accrued, in defending any
suit or suits, for the said land, so located to be taxed by the proper
officer of the court in which such suit or suits shall have been brought;
and such reasonable sums as shall appear to have been expended in the
surveying and appraising the lands aforesaid, to be certified by any two
of the late commissioners of forfeitures for the middle district, and audited
by the auditor of this State and that the representatives of the said
Angus McLean have the priviledge of locating other lands as is directed
in and by the fourteenth section of the act entitled **An act further to
amend an act for the speedy sale of the confiscated and forfeited estates
within this State and for other purposes therein mentioned," passed the
first of May one thousand seven hundred and eighty six.
-^;/^ «'//<r/-^«^ Christopher Yates and John Lansing Junior, commis-
sioners for procuring a sum in specie in the eastern and western districts
of this State, in the year one thousand seven hundred and eighty, for
the consideration of one hundred and seven pounds nineteen shillings,
in bills emitted on the credit of this State commonly called bills of the
new emission, conveyed to Garret S. Veeder Junior and his heirs, a cer-
tain lot of land situate in the patent of Clifton Park in the county of
Albany called lot number thirty one in the third allotment in the
division of the said patent. •
And whereas previous to the sale by the above mentioned commis-
sioners to the said Garret S. Vedder Junior, the same one hundred and
twenty seven acres of land had been already sold and conveyed by the
commissioners of forfeitures to one Isaac Truax. Therefore
G. s. Be it further enacted by the authority aforesaid^ That it shall and may
Veeder, Jr. ^^ lawful for the treasurer of this State and he is hereby required, out
of any monies in the treasury not otherwise appropriated, to pay to the
said Garret S. Veeder Junior, the said sum of one hundred and seven
pounds nineteen shillings, being the consideration money by him paid
for the said lot, upon his depositing the conveyance made to him of the
said lot by the said commissioners with the treasurer of this State and
his reconveying all his right and title in the same lot under the convey-
ance aforesaid, to the people of this State, with a covenant against all
his acts and deeds respecting the same.
And whereas the said Christopher Yates and John Lansing Junior,
commissioners as aforesaid, their deed bearing date the third day of
April, in the year of our Lord one thousand seven hundred and eighty
two, for the consideration of one hundred and seventy two pounds and
eleven shillings, in bills emitted on the credit of this State, commonly
called bills of the new emission, conveyed to Samuel Stringer and his
• heirs, a certain lot of land in the county of Albany, called lot number
nine, in the first allotment of the patent of Clifton Park, then deemed
to be forfeited to the people of this State, by the attainder of Oliver
DeLancey Esquire; but it hath since been discovered, that the said lot
of land did not belong to the said Oliver DeLancey at the time of his
attainder. Therefore,
Samuel Be it further enacted by the authority aforesaid^ That it shall and may
Stringer. ^^ lawful for the treasurer of this State, and he is hereby required, out
of any money in the treasury, not otherwise appropriated, to pay to th^
said Samuel Stringer, the said sum of one hundred and seventy two
pounds and eleven shillings, being the consideration money by him paid
for the said lot, upon his depositing the conveyance made to him of the
Chap. 99.] TENTH SESSION. 577
said lot, by the said commissioners, with the treasurer of this State, and
conveying his right in virtue of the said conveyance, to the people of
the State of New York.
And be it further enacted by the authority aforesaid^ That it shall and Auditor,
may be lawful for the auditor of this State and he is hereby required to regarding
do and perform every act, matter and thing which the treasurer is quit rents,
directed to do and perform in and by the act entitled "An act for the
collection and comutation of quit rents," passed the first day of April,
one thousand seven hundred and eighty six, and in and by the act
entitled "An act to amend an act entitled an act for the collection and
commutation of quit rents passed the eleventh day of April one thous-
and seven hundred and eighty seven.
And wherea,s part of the real estate late of John Turner lying in the
middle district and forfeited to the people of this State by the convic-
tion of the said John Turner, hath been sold, and it now appears that
the same was mortgaged to John Leake of the city of New York (for
securing the payment of the sum of two hundred and fifty pounds) who
hath caused a suit to be brought against the purchaser of the said land.
Therefore
Be it further enacted by the authority aforesaid^ That it shall and may john
be lawful for the treasurer of this State and he is hereby required upon "^^^^
the said John Leake executing to the people of this State an assignment
of the said bond and mortgage so executed by the said John Turner,
out of any monies in the treasury not otherwise appropriated, to pay to
the said John Leake or to his attorney the said sum of two hundred and
fifty pounds and the costs of the said suit to be taxed by one of the
judges of the supreme court and that no prosecutions shall hereafter be
had on the said bond and mortgage.
And be it further enacted by the autJwrity aforesaid^ That the treasurer certlfl-
of this State, be, and he is hereby authorised and required after pay- ^^» ^*y'
ment of the several sums herein before mentioned, and the first moiety out of sur-
of the tnonies to be paid to the United States of America in Congress SJSb}^.
assembled, pursuant to the act entitled "An act acceding to the acts of
Congress of the second day of August one thousand seven hundred and
eighty six," and also the amount of pensions and arrears of pensions,
which shall be payable to invalids by the first day of June next, pur-
suant to the act entitled "An act making provision for officers
soldiers and seamen who have been disabled in the service of the United
States," and the amount of the new emission money still in circulation,
to set apart and apply such sum as will be sufficient for the payment of
one quarter part of the certificates issued and to be issued for the four
fifths part of the interest of the public securities which shall have been
loaned to this State, by virtue of the act entitled "An act to emit the
sum of two hundred thousand pounds in bills of credit for the purposes
therein mentioned," passed the eighteenth day of April one thousand
seven hundred and eighty six; which said sum of fifty thousand pounds,
shall be distributed to the several holders of the said certificates, in pro-
portion to the respective amounts thereof, and the sum paid upon each
certificate shall by the said treasurer be indorsed thereon.
Vol. 2. — 73
578
LAWS OF NEW YORK.
[Chap.
lOO.
Preamble.
Lands of
Thomas
Hicks, de-
ceased,
vested in
Biohard
Penn
Hiclcs.
CHAP. 100.
AN ACT to vest all the right and claim of the people of this
State, to the lands and tenements whereof Thomas Hicks died
seized, in the persons therein named.
Passed the 21st of April, 1787.
Whereas Thomas Hicks late of Little Neck, in the township of
Flushing, in Queens county, on Nassau Island, attorney at law, deceased,
being seized in fee simple, gf certain lands and tenements within this
State, this State, on the nineteenth day of June one thousand seven hun-
dred and eighty two, made his last will and testament, duly executed in
the presence of three credible witnesses, and thereby devised all his
lands and real estate, to his sister Mary Hicks, (the then wife of Stephen
Hicks) and the heirs of her body lawfully begotten, or to be begotten,
and for want of such issue to the said Stephen Hicks, and to the hein
of his body, lawfully to be begotten, and for the want of such issue, to
Richard Penn Hicks, son of his late friend and cousin William Hicks,
of Pensylvania deceased, and for want of such issue to the right heirs
of the said Richard Penn Hicks ; as by the said original will, filed in the
prerogative office, fully appears. And whereas it is represented to this
legislature that the said Thomas Hicks died so seized as aforesaid,
leaving the said will in full force, and that thereupon the said Mary
Hicks became seized of the lands and tenement? of the testator, by
virtue of the said devise, but died without issue. That upon her death,
the said Stephen Hicks entered upon the same, and also died without
issue, by means whereof, according to the will and intention of the said
testator, the lands and tenements whereoi he died seized, would have
vested in the said Richard Penn Hicks, in fee tail general, but by the
operation of the late laws of this State for abolishing entails, the estate
in fail tail general, devised to the said Mary Hicks, was converted into
a fee simple ; and that she having been bom out of wedlock, can have
no heirs, whereby the said lands and tenements might escheat to the
people of this State. And it being further represented that the said
Richard Penn Hicks is an orphan, destitute of any support, but what
is so provided for him by the said testator ; and the legislature con-
ceiving it just and reasonable, that the estate vested in the people of
this State by the means aforesaid, should descend, according to his
intentions expressed in the said will, as far as it is consistent with the
above mentioned law. Therefore,
Be it enacted by the People of the State of New York^ represented in
Senate and Assembly, and it is hereby enacted by the authority of the same.
That it shall and may be lawful to and for the said Richard Penn
Hicks, his heirs and assigns, to enter into, have, hold and enjoy, for his
and their own proper use^ in fee simple for ever, all and singular the
lands tenements and hereditaments, whereof the said testator so died
seized, and which are devised to him in remainder, in fee tail general
as aforesaid ; (except a certain farm called the new field now in the
possession of James Hicks situated in North Hempstead in Queens
county and a small piece of salt meadow belonging to the same,) and
to have and maintain any suit or action lor the recovery thereof, not-
withstanding any right or claim which the people of this State may or
can have or make to the same by reason of the escheat thereof as afore-
said, or in any other manner whatsoever, and altho' no office hath been
found respecting the same.
Chap, ioi.] TENTH SESSION. 579
«
And be it further enacted by the authority aforesaid ^ That all the estate, Certain
right title and ^interest, of the people of this State, in and to the said ^inSSy
farm called new field, and the piece of salt meadow belonging thereto, Hicks, etc
shall vest in the said James Hicks and Deborah his wife, during their
natural lives, and the life of the survivor of them ; and from and after
the decease of such survivor, shall vest in Mary Hicks, daughter of
William Hicks of North Hempstead in the county of Queens, her heirs
and assigns.
Provided that nothing in this act contained shall be construed to AfiJ^* ^^
affect or injure any right title interest or estate in and to the said lands, rights of
tenements and hereditaments herein before mentioned, or any part ofj^^Jj^n^g^
thereof, which any person or persons whomsoever could or might have
claim challenge or demand if this act had not been passed ; but such
estate only as the people of this State might lawfully claim by the means
aforesaid, shall vest in the persons herein before named in the propor-
tion and in the manner aforesaid.
CHAP. 101.
AN ACT for vesting the estate of David Colden, deceased, not
already sold, in Cadwallader Colden.
Passed the 21st of April, 1787.
Be it enacted by the People of the State of Neiv York^ represented in Forfeited
Senate and Assembly^ and it is hereby enacted by the authority of the same, oavld CoU
That the real estate of the late David Colden, except such parts thereof den, un-
as have been already sold by the commissioners of forfeitures, or by the in Cadwai-
commissioners for procuring a sum in specie, or any of them, shall be, {f^n i,p**"
and is hereby vested in Cadwallader Colden, of the county of Ulster trust.
Esquire, his heirs, executors and administrators, in trust, for the chil-
of the said David Colden; and that the said Cadwallader Colden, his
heirs, executors or administrators, shall and may, by virtue of this act,
have and maintain, in his or their own name or names, any action or
actions, that shall or may be necessary, for the recovery of the same, or
of the possession thereof, or of any part or parts thereof, in like manner,
and no other, as the said David Colden might or could do, if he was in
full life, and had not been attainted.
Provided always, and it is hereby further enacted, that the said Cad- Proviso as
wallader Colden, his heirs executors or administrators, do and shall pay i^^^dwS-
to the commissioners of forfeitures for the western district of this State, lader col-
or some or one of them, or the treasurer of this State for the time being, ^®°'
in any public securities receivable by law upon the sale of forfeited
estates, the amount at which such lands as are mentioned in a certain
location, made by the said Cadwallader Colden on the first day of
August last past, and delivered to the commissioners of forfeitures of
the said western district, and not already sold, shall or may be appraised,
in such parts and proportions, and by such appraisers for each part or
proportion, as the said commissioners shall deem expedient, in the mode
prescribed by the thirty seventh and thirty ninth sections of the act
entitled "An act for the speedy sale of the confiscated and forfeited
estates within this State, and for other purposes therein mentioned **
passed the twelfth day of May one thousand seven hundred and eighty
four, within three calender months after the same lands shall be so
iO
LAWS OF NEW YORK.
f
[Chap. 102.
Proviso as
to maps,
surveys,
9tc.
Cadwalla-
der Golden
may sell
certaia
lands.
Act not to
affect
rights of
claimants
under
David
Ck>ldenk
appraised. And that the wages of the appraisers, and the costs and
expences of making such appraisements and surveys, shall be paid and
borne by the said Cadwallader Golden.
And provided also^ that this act shall not take effect, until the said
Cadwallader Colden shall procure and deliver unto the surveyor general
of this State for the time being, all the maps, returns and other papers^
belonging to the office of surveyor general of the late Colony of New
York, which were in the possession of the said David Colden, or any
other person or persons for his use, at the time of his decease; nor until
the said Cadwallader Colden shall make affidavit before one of the
judges of the supreme court of judicature, that he has delivered to the
said surveyor general, all such maps, returns and other papers, belong-
ing to the office of surveyor general of the late Colony of New York,
which, to the best of his the said Cadwallader Colden's knowledge and
belief, were in the possession of the said David Colden, or any other
person or persons for his use, at the time of his decease.
And be it further enacted by the authority aforesaid^ That the commis-
sioners of forfeitures for the western district, shall and may proceed to
have the whole of the lands mentioned in the said location, not hereto-
fore sold, appraised with all convenient speed, in the mode mentioned
and prescribed in and by the said sections of the act aforesaid. And
that the said Cadwallader Colden, or his heirs, after having complied
with the terms of this act, may sell or mortgage such part of the estate
of the said David Colden, so as aforesaid vested in him, for repayment
of such money as he may advance to pay the sum at which the said
lands shall be appraised, and the incidental expences attending the
same.
Provided^ that nothing in this act contained, shall be construed to
affect or injure any rights of any person claiming under the said David
Colden deceased; but such rights shall be and remain in full force, any
thing in this, or any other act, to the contrary notwithstanding.
CHAP. 102.
AN ACT for the relief of persons who paid money into the
treasury of this State, in consequence of a resolution of the
committee of safety of the first day of March, one thousand
seven hundred and seventy seven, and for other purposes
therein mentioned.
Passed the 21st of April, 1787.
Preamble. WHEREAS several persons have paid monies into the treasury of this
State, in consequence of a resolution of the committee of safety, made
the first day of March, one thousand seven hundred and seventy seven.
But as the said resolution hath not been adopted, or confirmed by any
convention, nor by the constitution or the legislature of this State, many
of the persons who so paid money into the treasury, have petitioned
the legislature for relief. Therefore,
Be it enacted by the People of the State of New York, represented in
Senate and Assembly, and it is hereby enacted by the authority of the samCy
That it shall and may be lawful for the treasurer of this State for the
time being, and he is hereby authorized and required, to give to every
person who hath paid money into the treasury in consequence of the
said resolution, or to the executors or administrators of such person, a
Certificates
to be Issued
to persona
who paid
money Into
treasury
under reso-
lution of
committee
of safety.
Chap. 102.] TENTH SESSION. 581
certificate for the amount of the money so paid into the treasury, with
the interest thereof, at the rate of five pounds per cent per annum, from
the time the same was so paid into the treasury, if the same was so paid
before the first day of September, in the year of our Lord one thousand
seven hundred and seventy seven ; but if the same was so paid after
that day, then such certificate shall be given for the value thereof, after
reducing the same according to the Continental scale of depreciation,
with interest for the same, at the rate aforesaid, from the time the same
was so paid ; which certificate shall be payable with interest, at the rate
of five per cent per annum, and shall be received and taken in all pay-
ments, where any other certificates given by the treasurer of this State,
are, or shall be receivable by law : Provided always^ that no such cer-
tificate shall be given to any person, for any money so paid into the
treasury, as due to any person or persons, whose estate hath been for-
feited to the people of this State ; but where monies have been so paid
upon or in discharge of any bond or mortgage, to any person whose
estate is forfeited to the people of the State of New York, such pay-
ments shall be considered as good and effectual, for the specie amount
of the monies so paid and no more ; such amount to be settled agree-
able to the scale of depreciation herein before mentioned ; and such
mortgages may be discharged in the manner directed by an act, entitled
" An act to enable the clerks of the respective cities and counties within
this State to cancel the records of certain mortgages, made and executed
to persons whose estates are forfeited, and proof that such mortgages
are satisfied." And the treasurer of this State, and the justices of the
supreme court, shall make such inquiries, and give such certificates as
may be necessary for that purpose.
And be it further enacted by the authority aforesaid, That the treasurer Treasurer
of this State shall be, and hereby is discharged and indemnified, of from {2^®"°'"
and against all suits whatsoever, which have been or shall be brought
against him, for or on account of any money so paid into the treasur)'
as aforesaid. And this act shall or may be pleaded or given in evi-
dence, in discharge of any such suit.
And whereas all the estates both real and personal, of Israel Seaman
and Adam Seaman, late of the county of West Chester, are become for-
feited to the people of the State of New York, by the conviction of the
said Israel Seaman and Adam Seaman, and the commissioners of for-
feitures for the southern district of this State, have sold and recovered
su(;h parts of the estate of the said Israel Seaman and Adam Seaman,
as they have been able to discover. And whereas the said Israel Sea-
man and Adam Seaman, at the time of their respective convictions, were
respectively indebted to James Franklin of the city of New York mer-
chant, and sundry other persons in divers sums of money, and the said
James Franklin hath represented to the legislature, that there are debts
due, and other property belonging to the estates of the said Israel Sea-
man and Adam Seaman, which have not been discovered by the said
commissioners, and prayed that the same may be vested in trustees,
to be recovered and applied to the discharge of the debts owing by the
said Israel Seaman and Adam Seaman, at the time of their conviction
respectively. Therefore,
Be it enacted by the authority aforesaid. That all the joint and several Israel and
estates, of the said Israel Seaman and Adam Seaman, both real and ^2S!ert2e
personal, debts, and sums of money whatsoever, due and owing to them, of .vested
at the time of their respective convictions, and not sold or recovered by i^anSln.
the commissioners of forfeitures, nor paid into the treasury, by the debt-
ors, shall be and hereby are vested in the said James Franklin, his heirs
LAWS OF NEW YORK.
[Chap. 102.
Id.
Daniel
Williams,
certificate
to be
issued to.
Conti-
nental loan
office cer-
tificates,
how re-
ceived.
executors and administrators, in trust to sell all such real estate, and to
recover and receive all such debts and sums of money, and to* apply the .
produce thereof, in the first place, to pay the costs, charges and expen-
ces, of such sale and recovery, and the residue thereof towards payment
of the debts owing by the said Israel Seaman and Adam Seaman, at the
time of their respective convictions, to such persons, in equal propor-
tions, as havfe not applied for payment to the treasurer of this State; and
if any surplus remains after payment of such debts, the same shall be
paid to the treasurer of this State.
And be it further enacted by the authority aforesaid^ That it shall and
may be lawful for the said James Franklin, his executors or administra-
tors, in his or their own names, to sue for and recover, all such debts
and sums of money, hereby vested in them; and it shall be sufficient for
the plaintiff in any such suit or action, to alledge that the defendant or
defendants is, or are indebted, or if the suit or action be against heirs,
executors or administrators, then to alledge that the ancestor testator or
intestate, was indebted to the plaintiff, in the sum so due and owing,
whereby an action accrued to the plaintiff, without setting forth the
special matter, and shall and may give this act, and the special matter
in evidence.
And be it further enacted by the authority aforesaid^ That the treasurer
of this State, be, and he hereby is authorized and directed, to issue to
Daniel Williams of West Chester county, a certificate for such sum, as
the auditor of the State shall certify to be due to him, for his services as
a guide to the army, in the said county, in the year one thousand seven
hundred and seventy seven, and' that for such services he receive pay as
a lieutenant, which certificate shall be dated the thirty first day of
December one thousand seven hundred and seventy seven, and bear
interest at the rate of five per centum per annum; and that the treasurer
charge the same, to the United States.
And whereas the mode provided by the first section of the act, entitled
**An act further to amend an act, for the speedy sale of the confiscated
and forfeited estates, within this State, and for other purposes therein
mentioned," for ascertaining whether loan office certificates of the other
States, were actually issued at the time of granting thereof, to citizens
of this State, is not sufficiently precise or effectual. Therefore
Be it enacted by the authority aforesaid^ That in all payments hereafter
to be made to the commissioners of forfeitures, or any of them, on the
sales of forfeited property, or to the treasurer of this State on the sales
of unappropriated lands, if any certificates issued out of any Continental
loan office in any of the United States, other than this State, shall be
offered in such payments, the said commissioners of forfeitures, and
treasurer respectively, are hereby required to examine on oath, the per-
son or persons to whom such certificates were originally issued, concern-
ing the time they were respectively issued, if such person or persons,
are now inhabitants of this State ; but if such person or persons be dead,
or removed out of this State, then the said commissioners of forfeitures,
and treasurer respectively, shall examine on oath the person or persons
offering the same in payment, touching the time aforesaid; and unless
it shall appear to their satisfaction respectively that such certificates were
actually issued prior to the twenty seventh day of September, one thou-
sand seven hundred and eighty five, to citizens of this State, who were
inhabitants of this State at the time of issuing the same, such certificates
shall not be received, nor shall any certificates issued out of the loan
office of this State, be received by such commissioners or treasurers, but
such as are countersigned by Dirck Ten Broeck or Abram Yates Junior.
Chap. 102.J TENTH SESSION. 583
And be it further enacted by the authority aforesaid^ That the treas- Certiiicatee
urer of the State is hereby authorised and required, to receive from all ceivldty
persons who are indebted to the people of this State, the payment of trea«urer.
such debts respectively, in any of the certificates or public securities
issued from the treasury of the State. Provided altvays, that this clause
shall not extend to any payment to be made for forfeited property sold
for specie or bills of the new emission, nor to payments for quit rents,
heretofore directed by law to be paid in specie, nor for articles of
impost, or taxes imposed, or hereafter to be imposed ; which said sev-
eral matters shall remain as heretofore.
And whereas the surviving trustees of the estate of Abraham De Peys-
ter, formerly treasurer of the late Colony of New York, have, on the
twenty ninth day of March one thousand seven hundred and eighty six,
reported to the legislature, that the books, receipts and other documents,
relating to the execution of their trust, were during the late war lost ;
but that they would endeavour to extract an account for the informa-
tion of the legislature from such papers as were still to be found, which
account have not yet been produced. Therefore,
Be it further enacted by the authority aforesaid^ That John Cruger Accounts
and Leonard Lispenard Esquires, surviving trustees of the estate afore- hlm^SSl
said, do, without delay, deliver to the auditor of this State, the said Peyster.
account; and it is hereby made the duty of the said auditor to receive u^*e/of**"
and audit the same, in the best manner he can, from the vouchers still co^^ny.
to be found, and from the information he can obtain ; and that he cause
such books, papers and money, as still remain in the hands of the said
trustees, appertaining to the said estate, to be delivered into the hands
of the treasurer of this State, as soon as the said audit shall be com-
pleted; and the said treasurer is hereby authorized and required to
receive the said books, papers, money and other documents, and to pro-
ceed in the execution of the said trust, in the same manner as the said
trustees might have done had this act not been passed.
And be it furtJier enacted by the autliority aforesaid, That it shall James
be, lawful for the auditors appointed in pursuance of the **act for liqui- ^duntofl
dating and settling the accounts of troops of this State, in the service
of the United States " to liquidate and settle the account of, and grant
a certificate to James Giles for the depreciation of his pay, for service
as conductor of ordnance and military stores.
And whereas the inhabitants of North East precinct in the county of
Dutchess, have represented to the legislature, that by reason of their
not having been able to obtain the collectors lists, they were unable to
collect the arrears of taxes in certificates, within the time limited for
that purpose, by the act entitled "An act for the more effectual collec-
tion of arrears of taxes " passed the thirty first day of March one thou-
sand seven hundred and eighty six, and have prayed further time to
pay the said arrears in certificates as aforesaid, which request appears to
the legislature to be reasonable, therefore,
Be it further enacted by the authority aforesaid, That the inhabitants North East
of the said precinct shall be allowed to pay the said arrears, at any time ?eUefto'
before the first day of October next, in the certificates mentioned in the tax-payers,
act aforesaid; which arrears shall be assessed and collected in the man-
ner specified in and by the act entitled "An act to compel the payment
ofjthe arrears of taxes, for enforceing the payment of fines and amercia-
ments, obliging sheriffs to give security for the due execution of their
offices, and for other purposes:" And each and every of the present
assessors, collectors and supervisors of the said precinct, shall be, and
hereby are respectively, vested with all the powers and authorities, and
584 LAWS OF NEW YORK. [Chap. 102.
made subject to all the penalties and forfeitures, in the same last men-
tioned act prescribed.
And whereas Peter Byvanck, by his petition hath represented to the
legislature, that he was prevented by accident from exhibiting his claim
against the State of Israel Seamon and Joshua Pell, forfeited to the
people of this State, therefore,
Peter Be it further enacted by the authority aforesaid^ That the treasurer
xlv^x^l of this State, be and he is hereby authorised and directed, to receive the
certified demand of the said Peter Byvanck, against the estates of the said
Israel Seamon and Joshua Pell, in the same manner, as if he had made
application within the time required by the forty second and forty third
sections of the act, entitled "An act for the speedy sale of the confis-
cated and forfeited estates within this State, and for other purposes
therein mentioned;** and to grant a certificate for the sum to which he
shall appear to be entitled, according to the true intent and meaning of
the said act.
And whereas it is represented to the legislature, by the petition of
Charles Stewart junior, late a sergeant in a regiment of levies in the ser-
vice, of this State, commanded by Frederick Weissenfels, that he hath
not received any compensation for his services in that regiment. And
whereas the said Frederick Weissenfels, instead of paying or delivering
the certificates entrusted to him for that purpose, to the officers and
soldiers of the said regiment, hath in divers instances applied them to
his own use, and is now unable to make compensation for the same ;
and it being just that such persons should be indemnified by the State.
Therefore.
Certificates Be it further enacted by the authority aforesaid^ That the treasurer
aSd toIu'* of this State shall issue certificates to all such of the officers and sol-
c^1"w'i ^^^^s ^^ ^^^ s^^^ regiment, for the sums respectively due to them, as
Bonfeis' sh^l by satisfactory evidence, make it appear to the said treasurer, that
regiment, ^^y have not heretofore received their certificates ; and that the certifi-
cates so to be issued by the said treasurer, shall be of the like tenor and
effect, of the certificates heretofore issued, to such officers and soldiers
respectively.
And whereas one certain farm situate in Rumbout precinct in Dutchess
county, containing by estimation one hundred and thirty four acres,
was heretofore sold and conveyed by the commissioners of forfeitures for
the middle district, to Zephaniah Piatt Esquire, in fee simple ; and also
one other farm situate in the said precinct, and containing by estimation
two hundred acres, was in like manner sold and conveyed to Peter
Dates, as parts of the estate forfeited by the attainder of John Watts.
And it appearing by the report of the attorney general that the said
John Watts was tenant by the courtesy only, in the said farms and prem-
ises, and that the reversion is vested in Robert Watts his son, as heir at
law to his mother Ann Watts deceased. And whereas it is suggested in
the said report, that the said Robert Watts would be willing to release
his title to the said reversion, upon being paid the value thereof, to be
ascertained by appraisement ; whereby the purchasers under the State
would be secured in their title. Therefore,
Bobert Be it further enacted by the authority dforesaid^ That the commis-
menfto*^' sioners of forfeitures for the middle district, be and they hereby are
for release authorized and directed, to join with the said said* Robert Watts in
of lands. ^^ appointment of the two appraisors, for the purpose of appraising the
said farms; one of which said appraisers to be nominated by the said
* So m original.
Chap. 102.] TENTH SESSION. 585
commissioners, and the other by the said Robert Watts ; and the said
appraisers so appointed shall have power to appraise the value of the
said reversion, of and in the same farms; and in case of disagreement,
to nominate a third person to make the appraisement in their stead, and
the treasurer of the State is hereby directed nominate a third person to
make the appraisement in their stead. And the treasurer of the State
is hereby directed to pay to the said Robert Watts his heirs or assigns,
such sums of money, as by the report of the said appraisers, or in case
of disagreement, by the report of the said person so appointed by them,
shall be determined to be the value of the reversion so vested in him
the said Robert Watts, of and in the said several farms and premises;
upon receipt whereof the said Robert Watts his heirs or assigns, as the
case may be, shall forthwith, by good and sufficient conveyances in the
law, release to the respective purchasers of the said farms, their heirs or
assigns, all his or their estate, right title and interest, in and to the said
farms and premises.
And be it further enacted by the autJwrity aforesaidy That the act enti- Acta
tied "An act to liquidate the depreciation of the pay of the officers of JJ^^^i^,
the military hospital and medical department, and of the officers and
privates of the levies and militia of this State, made prisoners by the
enemy," and the act entitled "An act for the settlement of the pay of
the levies and militia for their services in the late war, and for other
purposes therein mentioned," shalL be, and hereby are respectively
repealed.
And whereas Dominick Lynch, by petition to the legislature hath rep-
resented, that Francisco Pablo de Vidal, being an alien, had purchased
of Christian Pierce and Christiana his wife, a certain house and lot of
ground in the city of the New York, of the description following. All
that certain messuage or dwelling house lot piece or parcel of ground,
situate, lying and being in the city of New York being part of a lot
known by No. 80, bounded north west by King George' street, in the
rear by lot No. 81, on the north east side by lot No. 87, and on the
south west by part of the said lot No. 80; containing in length one
hundred feet, and in breadth twenty one feet, be the same more or
less, which house and lot he has conveyed to the said Dominick Lynch,
in trust, to be disposed of for the benefit of his creditors; and the said
Dominick Lynch hath prayed that the said conveyance might be con-
firmed to him, to have the same effect, as if the said Pablo De Vidal
had not been on alien. Therefore,
Be it further enacted by the authority aforesaid^ That the deeds of Convey-
conveyances from the said Francisco Pablo De Vidal, to the said Dom- SSaed
inick Lynch, bearing date respectively the seventeenth and eighteenth ^®{}Jf"^
days of November, in the year one thousand seven hundred and eighty ^
six, shall have the same force and effect, to vest the estate of and in the
said house and lot in the said Dominick Lynch, his heirs and assigns,
upon the trusts in the said deed mentioned, as if the said FrancisCD
Pablo De Vidal had been a natural bom subject of this State.
And whereas sundry proprietors of a tract of land called the Town-
ship of New Stamford in Ulster county, have by petition set forth that
some time in the year of our Lord one thousand seven hundred and
fifty four, the said tract was surveyed at the request of the proprietors
and divided into lots by a certain Henry Wooster, who affixed the names
of the different proprietors to their respective lots on a map or plan of
the said survey. That the lines of the said lot cannot now be discov-
ered without a new survey, that many of the proprietors of the said
township are now without the State, and praying that the said division
Vol. 2. — 74
586
LAWS OF NEW YORK.
[Chap. 102.
OommlS'
sioner to
partition
township
of New
Stamford.
Id.
Id.
of the said Henry Wooster might be confirmed, and a law passed for
making a resurvey of the said townships, and providing for the expences
of the same. Therefore,
Be it enacted by the authority aforesaid^ That William Cockburn be,
and he is hereby appointed sole commissioner for making a survey and
division of the said township or tract of land; that so far as the said
commissioners can collect satisfactory information, of the division and
survey made by the said Henry Wooster, it shall be his duty to pursue
the same, in making the resurvey and division of the said tract of land^
so that such lots or lot of land therein, as were surveyed and set apart
by the said Henry Wooster as the property of any one of the said pro-
prietors, shall be surveyed and set apart by the commissioner hereby
appointed, for the same proprietor, or any person or persons legally
claiming under him.
And be it further enacted by the authority aforesaid^ That the said
commissioner shall forthwith proceed to made a survey of the said tract
of land, and divide the same among the different proprietors thereof,
always pursuing the division made by the said Henry Wooster when he
can obtain satisfactory information respecting the same, and if it shall
so happen that the said commissioner cannot obtain any satisfactory
information of the said Henry Wooster's survey of any part of the said
tract of land, or if any part of the same shall not have been divided by
the said Henry Wooster, that then with respect to such part the said
commissioner shall proceed to make division of the same in the mode
prescribed for the commissioners appointed by virtue of an act entitled
'An act for the partition of lands," which said division shall be as valid,
as if all the proceedings in the division of this tract of land, were had
under the said act. And to defray the expence of the said survey and
division.
Be it further enacted by the authority aforesaid^ That after the said
survey and division shall be completed, the said commissioner shall
present his accounts of the whole expence of the said survey, to one of
the judges of the courts of common pleas of the county of Ulster, who
is hereby impowered to audit and pass the same, the said commissioner
first giving six weeks notice of the time and place of auditing his said
accounts, in two of the newspapers printed in the city of New York;
and after the said account shall be so audited, the said commissioner
shall apportion the whole expence of the said survey and division among
the different proprietors, in proportion to the number of acres surveyed
and set apart for them respectively, and shall deliver an account of such
proportion to such of the said proprietors as may be found within this
State, and if any of the said proprietors cannot be found within this
State, then the said commissioner shall publish the accounts of the pro-
portion of such absentee in at least two of the newspapers printed in the
State of New York, for at least three months; and if the said accounts
shall not be paid within four weeks from the time of presenting the
same, or within four months from the time of commencing the said pub-
lication, then the said commissioner is hereby authorised to sell at public
auction, such part of the lands set a part for the said person, so making
default of payment, as will be sufficient to discharge the said accounts,
together with the cjbarges incident to such sale rendering the overplus, if
any there be, to the person whose land shall be so sold, on demand; and
the said commissioner is hereby authorised, on the sale of such land for
the purposes aforesaid, to make and execute good and effectual convey-
ances in the law for the same, to the purchaser or purchasers thereof,
which said conveyances shall be as good and eflfectual to all intents and
Chap. 102.J TENTH SESSION. 587
purposes, as if the same had been executed by the person or persons for
whom the land so sold was set apart, and surveyed. And the commis-
sioner, surveyor and other persons employed in making the said survey,
shall be allowed for their services, after the rate allowed by the act
entitled "An act for the partition of lands." ^
And be it further enacted by the authority aforesaid^ That when the Id.
said commissioner shall have completed the said survey and division,
he shall make two maps, and two Cair copies of the field books of the
same survey, with the names of the several proprietors affixed to their
respective lots therein ; and within six weeks after completing the said
survey shall file one of the said maps and field books in the office of the
clerk of the county of Ulster and the other map and field book in the
office of the secretary of the State of New York; which said map and
field book shall be a record of the said division, and of the title of the
different proprietors to the respective lots, on which their names, or the
names of them under whom they claim, shall be respectively marked.
Provided always^ that nothing in this act shall be so construed as to w.
give title to any person or persons to any part of the said tract, who
could not at the time of passing this act, have legally claimed such pro-
portion as tenant in common with the other proprietors, or to defeat any
security upon the same by mortgage, judgment or otherwise.
And proinded further y that the said division shall not be received as Id.
evidence, in any controversy of boundary, between the said township
and the patents adjoining thereto.
And be it further enacted by the authority aforesaid ^ That the said com- id.
missioner shall, before he begins the said survey or division, take an
oath before one of the judges of the court of common pleas of the
county of Ulster, for the faithful performance thereof, and of the several
things required of him by this act, according to the best of his skill and
ability.
And whereas George Turner late of Philadelphia, hath set forth by
petition that he had located three hundred and sixty five acres of land,
in the county of Albany, forfeited to the people of this State, but that
full payment for the same was not made within the time limited by law,
for reasons in the said petition mentioned. Therefore,
Be it further enacted by the authority aforesaid. That the commission- Georsre
ers of forfeitures for the western district, do, and they are hereby Jon v|yl
impowered and required, to execute, within three calender months from ance to.
the passing of this act, (if full payment shall be previously made to them
of such part of the purchase money as yet remains to be discharged with
interest from the time the same became due,) a proper deed or convey-
ance, vesting in him the said George Turner his heirs and assigns for
ever, in fee simple, all the right and interest of the people of this State
of in or to the said three hundred and sixty five acres of land.
And whereas Francis Dominick hath set forth by his petition, that he
became the purchaser of one half of the township, number twenty five,
in Jessups alias Totten and Crosficlds purchase, for which he hath not
been able to maks due payment, for the reasons in the said petition con-
tained. Therefore,
Be it further enacted by the authority aforesaid. That the commission- Francis
ers of the land office of this State, do, and they are hereby empowered SjJJvly-*'^*
and required, within three calender months from the passing of this act, ance to.
(if full payment shall be previously made to the treasurer of this State,
of such part of the purchase money, as yet remains to be discharged
with interest from the time the same became due,) to cause letters patent
under the great seal of this State to issue to the said Francis Dominick,
588 LAWS OF NEW YORK. [Chap. 102.
vesting in him the said Francis Dominick his heirs and assigns for ever,
the fee simple of the moiety or half part of the township aforesaid, with
such apt and proper words of description as the said commissioners of
the land office shall deem necessary.
And whereas the courts of common pleas and general sessions of the
peace, in and for the county of Washington, are now held in Salem, in
the said county ; and it hath been represented to this legislature, that it
would be more convenient for the inhabitants of the said county, to
hold the said courts once in every year in Argyle. Therefore,
Courts In Be it further enacted by the authority aforesaid^ That from, and after
tonoouSy. the passing of this act, the courts of common pleas and general sessions
of the peace in and for the county of Washington, shall thenceforth be
held at Salem aforesaid, on the last Tuesday in May, and on the first
Tuesday in November in every year and at the house of Adiel Sher-
wood Esquire, at Fort Edward, in the township of Argyle on the sec-
ond Tuesday of February, in every year, any thing in any other law
contained, to the contrary thereof, in any wise notwithstanding.
Harpers- And be it further enacted by the authority aforesaid^ That all the tract
Srecfed^T" ^^ ^^^^ "^ the county of Montgomery, between the Cookquago branch
of the Delaware river, and the branch of the Susquehannah river,
called Adigitange, beginning at a rock maple tree marked, on four sides
with a blaze and three notches, and with letters and figures A C 1768,
standing on a high point of land, at the south side of a small pond of
water, called by the Indians Utstayantho, from whence the said branch
of the Delaware, called by the Indians Cookquago issues, and running
from thence north thirty degrees west to the said Adigitange, and thence
down the same to where the same falls into the Susquehannah, and then
down the Susquehannah to a brook called Ouel el Ouit, thence on a
direct line to a brook called Canauscutje and then along the same to
the said river Delaware, and then up the same river to the place of
beginning, shall be, and hereby is erected into a township by the name
of Harpersfield ; and that the freeholders and inhabitants of the said
township, shall be, and hereby are empowered to hold town meetings^
and choose such town officers as the freeholders and inhabitants of any
district in the said county of Montgomery, may do by law, and shall
have the same powers and privileges. And that the first town meeting
shall be held at the house of Alexander Harper, in Harpersfield, on the
first Tuesday in June next.
Melanoton And be it further eriacted by the authority aforesaid^ That the treasurer
H?idri5k^ of this State issue to Melancton Smith and Hendrick Wyckoff, a certifi-
Wyokoff, cate for the sum of two hundred and eighty one pounds twelve shillings
to. * and eight pence, bearing interest at five per cent from the day on which
their respective accounts as deputy state agents under Udney Hay were
audited by the auditor of the State, being the ballance due to them,
after deducting the sum of three hundred and eighty eight pounds
seventeen shillings and one penny, due from them, as copartners to the
State, for wheat purchased from Robert Hoffman treasurer of Dutchess
county, by the said Melancton Smith, in the year one thousand seven
hundred and eighty two.
John That the said treasurer issue to John Sayre, a certificate for twenty
tl^Se uJ' ^^^ pounds five shillings, bearing an interest of five per cent per annum,
from the fifteenth day of October one thousand seven hundred and
seventy seven, in payment for six hundred and six pounds weight of
beef at that time furnished by him to the regiment of militia commanded
by Colonel John Hathom, which was employed in guarding waggons
loaded with ammunition and military stores belonging to the United
Chap. 102.J TENTH SESSION. 589
States, from Newburgh to Easton, by the order of his excellency the
governor, at the request of the commander in chief of the army of the
United States and that the treasurer charge the same to the United
States.
That the said treasurer pay to the corporation of the city of New New York
York, for quit rents on certain water lots forfeited to the people of this Jj^j; ^*^®^
State by the respective attainders of Oliver Delancey and John Weather-
head, and the conviction of Waldron Blouw and sold by the commis-
sioners of forfeiture for the sourthern district, the sum of one hundred
and thirty two pounds eighteen shillings and five pence one farthing,
which is due to the said corporation, after deducting the quit rents, for
seven years, during the war.
That the said treasurer issue certificates to the treasurer of Suffolk Suffolk
county for such sums, reduced by the scale of depreciation, bearing an SeriKcateB
interest of five per cent per annum, from the eighth day of March one to-
thousand seven hundred and seventy nine, as he has received from the
committee of Seabrook and Gillford in Connecticut, for cattle and
sheep transported from the said county, and by them sold, and the
treasurer of the said county is hereby directed to pay the same to the
respective persons to whom such cattle and sheep did belong.
And be it further enacted by the authority aforesaid^ That his excel- Gtovernor,
lency the governor be and he is hereby authorized and impowered, to t£>?f?or***
draw from the treasury such sum or sums of money as he may deem i°d*an
necessary not exceeding the sum of one thousand pounds, to enable him
to hold a conference with the Indians of the six nations agreeable to
concurrent resolutions of the legislature at their present meeting.
And be it further enacted by the authority aforesaid, That it shall and Public offl-
may be lawful, for any public officer who was employed during the late ments by.
war under the authority of the United States, and who now is or here-
after shall be prosecuted for services performed at his request, or arti-
cles by him purchased or taken for the United States or this State, to
tender in court, the same public securities of the United States, or of
this State, as he has received, or shall receive on the settlement of his
accounts, for such services performed, or articles purchased as aforesaid
in full discharge of such demand.
And be it further encuted by the authority aforesaid. That it shall and Siuman
may be lawful for the commissioners of the land office, to grant to Slu- ^5*©^'
man Wattles, such letters patent for a certain proportion or part of a anoo to.
tract of land in Montgomery county, as John Harper, who has sold and
transferred his interest therein, to the said Sluman Wattles, would have
been entitled to receive, in virtue of the determination of the said com-
missioners, if the sum directed to be paid for the said land, had been
paid into the treasury, within the time limited by law, on the treasurers
certifying that such sum is deposited with him by the said Sleuman
Wattles, for the payment of the said lands. '
And be it further enactea by the authority aforesaid, That it shall and Michael
may be lawful for the auditor of the State, in settling the accounts of SccouDte
Michael Connolly, to allow him for his services, as agent, to the second of.
New York regiment, in pursuance of the act of Congress of the twenty
seventh day of March, one thousand seven hundred and eighty five, the
pay and rations of a lieutenant from the third day of November one
thousand seven hundred and eighty three, to the first day of May next
and to charge the same to the United States.
And whereas a certain farm in Dutchess county forfeited by the
attainder of Malcolm Morrison and conveyed by the commissioners of
forfeitures to Philip Pelton, Benjamin Pel ton and Daniel Pelton, for the
590
LAWS OF NEW YORK.
[Chap. 103.
John Ogil-
vie, execu-
tors of.
Goshen
drainaffe,
advertise-
ment of.
Certain
certificates
not re-
ceivable.
sum of five hundred pounds, was, on the twenty fifth day of March one
thousand seven hundred and seventy two, mortgaged by the said Malcolm
Morrison, to John Ogilvie deceased, for the payment of one hundred
and eighty three pounds fifteen shillings, with lawful interest. Therefore
Be it enacted by the authority aforesaid^ That it shall and may be law-
ful for the treasurer, out of any monies which shall be in the treasury
unappropriated, to pay to the executors or administrators of the said
John Ogilvie, the said principal sum of one hundred and eighty three
pounds fifteen shillings, with the interest thereof, from the date of the
said mortgage, or so much thereof as shall appear to be due, to the time
the same shall be paid.
Whereas by an act of the late colony, now State of New York, passed
the sixth day of February one thousand seven hundred and seventy
three, entitled "An act to raise fifteen hundred pounds for draining the
drowned lands in the precinct of Goshen in Orange county," certain
proceedings in the said act mentioned were directed to be advertised in
a public newspaper, commonly called the New York Gazette and Weekly
Mercury.
And whereas at this time there is not any paper with such title or
description, printed in this State. Therefore
Be it enacted by the authority aforesaid^ That all the proceedings in
the said act mentioned may be published in any of the newspapers
printed in this State, for four weeks successively, which shall be as valid
to all intents and purposes, as if the same had been published in the
news paper first above mentioned.
And be it further enacted by the authority aforesaid^ That it shall not
be lawful for the treasurer of this State, or the surveyor general of this
State, or any of the commissioners of forfeitures, to receive in any pay-
ment, any certificate, issued either by William Denning^ Joseph Bin don,
Jonathan Burrell, John Pierce, Joseph Pannel, or Edward Fox, unless
such certificates as aforesaid, have been, or shall be issued, to a person
or persons, who were actually citizens of this State, at the time when
the services were performed, or articles furnished, for which such cer-
tificates have been, or shall be granted, and if such certificates shall be
for articles furnished, that such articles were furnished within this State:
and the treasurer of this State, and the surveyor general of this State,
And the commissioners of forfeitures, for the time being, are hereby
respectively authorized and required, to examine upon oath or other-
wise any person who shall offer any of the said certificates in payment,
or any other person, in order to determine whether such certificate or
certificates are receivable, according to the true intent and meaning of
this act or not.
CHAP. 103.
AN ACT supplementary to an act entitled An act for running
out and marking the jurisdiction line between this State and
the commonwealth of Pennsylvania, and for other purposes
therein mentioned.
Passed the 21st of April, 1787.
Appoint- Be tt enacted by the People of the State of New York represented in
S»mm?i Senate and Assembly and it is hereby enacted by the authority of the same
■loners to That it shall and may be lawful for the person administring the govem-
cies."^"' ment of this State for the time being, by and with the advice of the
Chap. 103.] TENTH SESSION. 591
council of appointment, to appoint and commission under the great seal
of this State, one or more commissioners to continue the running out,
marking and ascertaining the line of jurisdiction between this State and
the commonwealth of Pennsylvania, in the room of such of the commis-
sioners appointed by virtue of the act entitled "An act for running out
and marking the jurisdiction line between this State and the common-
wealth of Pennsylvania," as shall have resigned, declined the office, be
sick or unable te attend the same : And that the commissioners so
appointed and to be appointed, or such two and not more than three of
them, as the commissioners of the land office shall direct, are hereby-
authorised on the part of this State, to meet with such person or persons
who may have been or shall be authorised and appointed on the part of
the commonwealth of Pennsylvania aforesaid.
And whereas by an act entitled " An act for the speedy sale of the
unappropriated lands within this State and for other purposes therein
mentioned," the commissioners of the land office are authorized, when-
ever they think proper, to direct the surveyor general to proceed to the
sale of lands, without making a previous actual survey thereof. A?id
^vhereaSy difficulties may arise to the proprietors of such lands by hav-
ing them surveyed by different persons ; for prevention whereof.
Be it further enacted by the autJwrity aforesaid^ That before the pro- Surveyalof
prietors of any lands hereafter to be sold, without being previously sur- bS^"^^-
veyed, proceed to divide or settle the same, they shall make application vey made,
to the surveyor general, in writing, to run the out lines thereof. And
it is hereby made the duty of the said surveyor general to cause the
same to be done as soon as may be after such application shall have
been made. And further that in every survey hereafter to be per-
formed by the surveyor general by virtue of his office, he shall give
notice to the proprietors when he will commence the same : And if
such proprietors shall attend, or cause some person to attend at such
time with a flag-bearer, two markers, a sufficient quantity of provision
for the purpose, and the means of transporting it as occasion shall
require, the said surveyor general shall cause such survey to be made,
and be allowed to charge such proprietors for the services of a surveyor
at the rate of twenty shillings per day and for two chainbearers, to be
furnished by him, four shillings per day each. And further^ that the
thirtieth section of the said act shall be and hereby is repealed.
LAWS
STATE OF NEW-YORK,
PASSED AT THE
FIRST MEETING OF THE ELEVENTH SESSION OF THE LEGISLA-
TURE OF THE SAID STATE.
Preamble.
Robert
Edmeston
natural-
ized.
Previous
purchasee
of lands
legalized.
CHAP. 1.
AN ACT to naturalize Robert Edmeston.
Passed the 6th of Februaiy. 1788.
Whereas Robert Edmeston hath by his petition to the legislature,
prayed, that an act of naturalization might be passed in his behalf.
Therefore
Be it enacted by the People of the State of New York^ represented in
Senate and Assembly^ and it is hereby enacted by the authority of the same^
That the said Robert Edmeston shall be, and he is hereby naturalized,
and shall from and after having taken and subscribed, in any court of
record within this State, the oath of allegiance to this State, and abjured
and renounced all allegiance and subjection to all and every foreign
King Prince Potentate and State, in all matters ecclesiastical as well
as civil, be deemed a citizen of this State, to all intents, constructions
and purposes whatsoever ; and that the court, in which the said Robert
Edmeston shall be admitted to take such oath, shall cause an entry
thereof to be made, in the minutes of the said court, and shall give a
certificate to the said Robert Edmeston, purporting, that he hath been
admitted to such oath, in the said court, in pursuance of this act ; and
that he shall upon taking of such oath, pay to the judges of such court,
six shillings, and to the clerk thereof three shillings.
And whereas the said Robert Edmeston, hath by his said petition
'represented, that he hath unadvisedly made purchase of lands and ten-
ements in this State, and hath prayed relief in the premises. Therefore,
Be it further enacted by the authority aforesaid^ That any lands ten-
ements or hereditaments, lying within this State, and purchased previous
to the passing of this act, by the said Robert Edmeston, shall not oa
Chap. 2.] ELEVENTH SESSION. 593
account of such purchase being previous to the passing of this act,
escheat to the people of this State, but shall vest in the said Robert
Edmeston, or persons holding under him, in the same manner, as if he •
had been naturalized at the time of such purchase.
And be it further enacted by the authority aforesaid^ That if the said Oath of
Robert Edmeston shall not take oath of allegiance and abjuration afore- to bl^ukeu
said in manner herein before directed, within twelve months next after ^'^^"^ o°®
the passing of this act, he shall have no manner of benefit by this act,
any thing herein contained to the contrary thereof in any wise notwith-
standing.
CHAP. 2.
AN ACT to prevent delays of proceedings at the general sessions
of the peace and abuses in suing out writs of certiorari.
Passed the 6lh of February, 1788.
Be it enacted by the People of the State of New Yorky represented in Writs of
Senate and Assembly^ and it is hereby enacted by the authority of the same^ certiorari.
That all writs of certiorari, for the removal of any indictment or pre-
sentment or any judgment or order, out of any court of general ses-
sions of the peace, shall be delivered at the sessions of the peace in
open court.
And be it further enacted by the authority aforesaid, That in term time Durinjr
no writ of certiorari whatsoever at the prosecution of any party in- {o^Se ^*
dieted or presented be hereafter granted awarded or directed out of the granted in
supreme court to remove any indictment or presentment of or for any ^P®***^"
trespass, riot, forcible entry, assault and battery, fraud, nusance con-
tempt or misdemeanor whatsoever before trial had from before any
justices in their courts of general sessions of the peace, unless such
certiorari shall be granted or awarded upon motion of counsel by rule
of court made for the granting thereof before the justice or justices of
the supreme court, sitting in open court, and that all the parties indicted,
prosecuting such certiorari before the allowance thereof shall find two
sufficient sureties who shall enter into a recognizance, to the people of
the State of New York, before one of the justices of the supreme court,
or before one or more justices of the peace of the county or place or
before the justices at their general sessions of the peace of the county
or place where such indictment or presentment shall be found or made
in the sum of fifty pounds, with condition that the party or parties so
indicted or presented, and prosecuting such certiorari, shall at the return
of such writ, appear and plead to the said indictment or presentment
in the said supreme court, and at his her or their own costs and charges
cause and procure the issue that shall be joined upon the said indict-
ment or presentment or any plea relating thereto, to be tried at the next
circuit court to be held for the county wherein the said indictment or
presentment was found or made, after such certiorari shall be return-
able, if not in the county where the said supreme court shall set, and if
in such county, then to cause or procure it to be tried the next term
after such certiorari shall be granted, if the said supreme court shall not
appoint any other time for the trial thereof, and if any other time shall
be appointed by the said supreme court, then at such other time, and
shall give due notice of such trial, to the prosecutor or his attorney, and
shall appear from day to day in the said supreme court, and not depart,
Vol. 2.-75
594 LAWS OF NEW YORK. [Chap. 2.
until he, she or they shall be discharged by the said court. And more-
over that in any of the vacations, writs of certiorari may be granted by
any of the justices of the supreme court, whose name shall be endorsed
on the said writ, and also the name of such person at whose instance
the same is granted ; and that the .party or parties, indicted or pre-
sented, prosecuting such certiorari, shall, before the allowance of such
writ or writs of certiorari, find such sureties, in such sum, and with such
conditions as are before mentioned and specified. And further that
every recognizance taken as aforesaid shall be delivered to the court or
justices to whom the certiorari is directed, together with the said writ
and the recognizance so taken as aforesaid shall be certified into the
said supreme court with the said certiorari amd indictment or present-
ment, and there filed, and the name of the prosecutor, if he be the party
grieved or injured, or some public officer, shall be indorsed on the back
of the said indictment or presentment, and if the person prosecuting
such certiorari, being the defendant, shall not, before allowance thereof,
procure such sureties to be bounden in a recognizance as aforesaid, the
justices of the peace may and shall proceed to trial of the said indict-
ment or presentment at the said general sessions of the peace notwith-
standing such writ of certiorari so delivered.
Costs In And be it further enacted by the authority aforesaid^ That if the def end-
fn OTf^nai ^nt prosecuting such writ of certiorari be convicted of the offence for
oases. which he was indicted or presented, that then the said supreme court
shall give reasonable costs to the prosecutor if he be the party grieved
or injured, or be a justice of the peace, mayor, recorder, alderman con-
stable, or overseer of the poor, or any other civil officer, who shall pros-
ecute upon the account of any fact ^mmitted or done, or any thing
omitted, that concerned him or them as officer or officers to prosecute
or present, which costs shall be taxed according to the course of the
said supreme court; and that the prosecutor for the recovery of the said
costs shall at any time after the expiration of ten days after demf^nd
made of the defendant and refusal or neglect of payment, proof thereof
being made on oath, have an attachment granted against the said defend-
ant by the said court for such his contempt, and that the said recogni-
zance shall not be discharged till the costs so taxed shall be paid.
Atid whereas in many cases where justices of the peace are impowered
by law to give or make judgments or orders, writs of certiorari have
been procured to remove such judgments or orders into the supreme
court in the hope thereby to discourage and weary out the parties con-
cerned in such judgments or orders, by great delays and expences; For
Seourity to remedy whereof, Be it furt/ier enacted^ by the authority aforesaid That
befowfwrit ^^ certiorari shall be allowed to remove any such judgment or order
issued. from before any justice or justices of the peace, or general sessions of
the peace, other than judgments given or to be given in suits or actions
for debts or demands, between party and party, made or to be made
cognizable before justices of the peace or any of them, unless the party
or parties prosecuting such certiorari, before the allowance thereof, shall
find sufficient sureties who shall enter into a recognizance to the people
of the State of New York before one of the justices of the supreme court,
or before one or more justices of the peace of the county or place, or
before the justices at their general sessions of the peace of the county
or place, where such judgment or order shall have been given or made
in the sum of fifty pounds, with condition that the party or parties pros-
ecuting such certiorari shall prosecute the same at his, her or their own
costs and charges to effect, without any wilful or affected delay, and
perform such judgment or order as the same supreme court shall give or
Chap. 3.] ELEVENTH SESSION. 595
make against him or Ihem in the premises, and pay the party or parties
in whose favour or for whose benifit, such judgment or order so to be
removed was given or made, within one month after the said judgment
or order shall be confirmed, his, her or their full costs and charges, to
be taxed according to the course of the said supreme court; and in case
the party or parties prosecuting such certiorari shall not procure such
sureties to be bound in such recognizance as aforesaid, it shall and may
be lawful for the said justice or justices, or court of general sessions of
the peace to proceed and make such further order or orders for the
benefit of the party or parties, for whom such judgment or order shall
be made or given, in such manner as if no certiorari had been granted
or delivered; and further that every recognizance to be taken as afore-
said, shall be delivered together with the writ of certiorari, to the jus-
tice or justices, or court to whom such writ shall be directed, and the
said recognizance shall be certified into the said supreme court with the
said certiorari, and the judgment or order removed thereby, and there
filed; and if the said judgment or order shall be confirmed by the said
court, the person or persons entitled to such costs, for the recovery
thereof at any time after the expiration of ten days, after demand made,
of the person or persons who ought to pay the said costs, upon oath
made of the making such demand and refusal or neglect of the payment
thereof, shall have an attachment against him, her or them, granted by
the said court for such comtempt, and the said recognizance so given,
upon the allowing of such certiorari shall not be discharged, until the
costs shall be paid, and the judgment or order so confirmed shall be
complied with, and obeyed.
And be it further enacted by the authority aforesaid^ That no writ of Writs to be
certiorari shall be hereafter granted to remove any indictment, present- jisti^Sf
ment, judgment, order recognizance or other process or proceeding, Bupremo
unless the same writ be signed with the proper hand, of one of the jus-
tices of the supreme court, and in default thereof sUch writ shall be void, j
and of none effect.
CHAP. 3.
AN ACT to avoid unnecessary delays of executions.
Passed the 6th of February, 1788.
Be it enacted by the People of the State of Neiv York represented in Bxecution
Senate and Assembly and it is hereby enacted by the authority of the same, ed^etc**^"
That no execution shall be stayed or delayed upon or by any writ of only when
error, or supersedeus thereupon to be sued for the reversing of any ^^nl'^
judgment given or to be given in any action of debt upon any single
bond for debt, or upon any obligation with condition for the payment
of money only, or upon any action of debt, for rent or upon any con-
tract sued in any court of record in this State, unless such person or
persons in whose name or names, such writ of error shall be brought,
with two sufficient sureties, such as the court, wherein such judgment is
or shall be given, shall allow of, shall first before such stay made or
supersedeas awarded, be bound unto the party for whom any such
judgment is or shall be given, by recognizance, to be acknowledged in
the same court, in double the sum adjudged to be recovered by the said
former judgment, to prosecute the said writ of error with effect and also
to satisfy and pay, if the said judgment shall be affirmed, all and singu-
596
LAWS OF NEW YORK.
[Chap. 4.
lar the debts, damages and costs adjudged or to be adjudged upon the
former judgment, and all costs and damages to be awarded for the delay
of execution. And further that no execution shall be stayed or delayed
in any of the courts aforesaid by any writ or writs of error, or super-
sedeas thereupon after any verdict and judgment thereupon obtained in
any personal action whatsoever, unless such recognizance, and in such
manner as is above directed, shall be first acknowledged in the said court
where such judgment is or shall be given.
Writs of And be it further enacted by the authority aforesaid* That in writs of
vSS^cm^ error to be brought upon any judgment after verdict in any writ of
writs of dower, or in any action of ejectment, no execution shall be thereupon
or thereby stayed, unless the plaintiff or plaintiffs in such writ of error
shall be bound unto the plaintiff in such writ of dower or action of
ejectment, in such reasonable sum as the court to which such wTit of
error shall be directed, shall think fit, with condition that if the judg-
ment shall be affirmed in the said writ of error, or if the said writ of error
be discontinued in default of the plaintiff or plaintiffs therein, or if the
said plaintiff or plaintiffs be nonsuit in such writ of error, that then the
said plaintiff or plaintiffs, shall pay such costs, damages, and sum and
sums of money as shall be awarded upon or after such judgment affirmed,
discontinuance, or nonsuit. And to the end that the same sum and
sums of money and damages may be ascertained, the court wherein such
execution ought to be granted, upon such affirmation, discontinuance,
or nonsuit shall issue a writ to inquire as well of the mesne profits, as of
the damages by any waste committed after the first judgment in dower
or in ejectment, and upon the return thereof judgment shall be given
and execution awarded, for such mesne profits and damages, and also
for the costs of suit. Proinded always, that this act or anything therein
contained shall not extend to any writ of error to be brought by any
executor or administrator; nor to any action popular; nor to any action
upon any penal statute; nor to any indictment, presentment, inquisi-
tion, information, or appeal.
CHAP. 4.
Guardian,
bailiff, etc.
how com-
pelled to
account.
AN ACT for giving further remedy by action of account.
Passed the 6th of Februaiy, 1788,
Be it enacted by the People of the State of New Vorh, represented in
Senate and Assembly and it is hereby enacted by the authority of the same^
That where any person is or shall be bound or liable to account, as
guardian, bailiff, receiver or otherwise, to any other, and will not give
account willingly and the party to whom such account ought to be made,
shall sue out a writ of account, if the person against whom such writ is
issued, being summoned, do not appear at the return of the writ, or if
it be returned that the defendant hath nothing, then the defendant shall
be attached by his or her body to come and make his or her account,
and if it be returned that the defendant cannot be found, the process
may be pursued to the exigent and outlawry thereupon; and when such
accountant shall appear in court and submit or be adjudged to account,
auditors shall be assigned to take his or her account, and if he or she
shall be found in arrears and cannot pay the arrears and the costs of
suit forthwith, he or she shall be committed to goal, there to be kept
Chap. 5.] ELEVENTH SESSION. 597
under safe custody, living at his or her own costs, until he or she shall
have fully satisfied such arrears, with the costs of suit: And if such
accountant shall neglect or refuse to account before the auditors, he or
she shall be committed to goal, there to be kept as aforesaid until he or
she shall satisfy the plaintiff of his or her demand, with costs as afore-
said. And further y that if it shall be found, that there is a surplusage
due on such account from the plaintiff to the defendant, then the defend-
ant, shall have judgment to recover such surplusage, with costs of suit,
against the plaintiff, unless where the suit is brought by executors or
administrators in right of their testator, or intestate, in which case the
defendant shall not recover costs against them. And the defendant
shall or may have such execution for the same, as he or she might have
had, if he or she had recovered such surplusage by action of debt. Afid
■moreover if any sheriff or goaler shall suffer any such prisoner to go out
of prison, without the assent of the plaintiff he shall be answerable to
the plaintiff for the debt or damages done to him or her by such account-
ant, according as it may be found by the country ; .and the party at
whose suit such prisoner was committed shall have his or her recovery
by action of debt, or by bill or plaint in any court of record.
And be it further enacted by the authority aforesaid^ That actions of Joint ten.
account shall and may be brought and maintained by one joint-tenant SSSnting
or tenant in common, his or her executors or administrators, against the in.
other, as bailiff for receiving more than comes to his or her just share or
proportion, and against the executors or administrators of such joint-
tenant or tenant in common.
Attd be it further enacted by the authority aforesaid^ That the auditors Auditors
appointed by the court where any action of account shall be depending, ^^0®^. ^i,
shall be and hereby are empowered to administer an oath, and to exam- lowanceto^
ine the parties on oath touching the matters in question; and for their
pains and trouble in auditing and taking such account, shall have such
allowance as the court shall adjudge to be reasonable, to be paid by the
party in whose favour the ballance shall be found, and to be allowed to
him of her in the costs to be taxed against the opposite party, where
costs are recoverable.
CHAP. 5.
AN ACT to prevent abuses and delays in actions of replevin.
Passed the 6th of February, 1788.
Be it enacted by the People of the State of New York, represented in wnts of
Senate and Assembly and it is hereby enacted by the authority of the same, replevin.
That if the beasts or goods or chattels of any person at any time
hereafter be taken and wrongfully detained, the sheriff, by a writ of
replevin to be issued out of the chancery, or upon complaint thereof to
him to be made without writ, shall cause the same beasts or goods or
chattels to be replevied and delivered, without let or gainsaying of the
person who took them, whether they were taken within liberties or with-
out, and shall summon the person who took them to appear, if the suit
be by writ, at the return thereof, and if by plaint, at the next court of
common pleas to be held in his county, to answer the plaintiff of the
taking and unjust detention of the same beasts or goods or chattels.
And if any defendant shall not appear according to such summons, then
598 LAWS OF NEW YORK. [Chap. 5.
he or she shall be attached and if such defendant shall not appear upon
the return of the attachment, then he or she shall be distrained from
time to time until he or she shall appear to answer the plaintiff. And
Form of further^ that such plaint before the sheriff shall be in writing and in the
Se*ore following form, * West-Chester county, to wit, A. B. of Bedford in the
sheriff. county of West Chester yeoman complains of C. D. of the manor of
Pelham in the county of West Chester gentlemen of a plea of taking and
unjustly detaining his beasts (or his beasts, goods and chattels, or his
goods and chattels, or his certain mare or his certain silver bowl) and
gives security to prosecute his said complaint and to return the same
beasts, if return thereof shall be adjudged ; which plaint the sheriff shall
return to the next court of common pleas to be held in and for his
county, in the same manner as if it was a writ of replevin returnable
into the same court, and the like proceedings shall thereupon be had in
the same court as may or ought to be had upon a writ of replevin. And
moreover^ it shall be lawful for either party in any writ or plaint in
replevin to be depending in any court of common pleas at any time
before any juror is sworn or any judgment obtained to cause the writ or
plaint and the proceedings thereon to be removed into the supreme court,
by writ of certiorari and such proceedings shall be thereupon in the
supreme court as if the suit had been originally commenced in the
supreme court.
Writs to be And be it further enacted by the authority aforesaid^ That all writs of
tosup^e replevin ^hall henceforth be made returnable in the supreme court or in
court or the court of common pleas in and for the county where the beasts or
pfeas?^'' goods or chattels, for the taking whereof the writ shall be brought, were
form taken and shall be in the form following. The people; to the sheriff; If
A. B. of the city of New York merchant shall give you security to prose-
cute his complaint and to return his beasts (or his beasts, goods and
chattels or his goods and chattels, or his certain horse, or his certain
silver tankard), which C. D. of Goshen in Orange county gentleman
took and unjustly detains against gages and pledges, as he saith, if
return thereof shall be adjudged; then cause the same beasts -to be
replevied and delivered to the aforesaid A. B. without delay and sum-
mon, by good summoners, the aforesaid C. D. that he be before our
justices of our supreme court (or our judges and assistant justices of
our court of common pleas to be held in and for your county) at (such
a place) on (such a day) to answer the aforesaid A. B. of a plea of tak-
ing and unjustly detaining the beasts aforesaid.
Execution And be it further enacted by the authority aforesaid^ That if any person
Bhwiff'.*^^ shall take the beasts or goods or chattels of another and drive or con-
vey and put them into any house or place of strength and the person
from whom the same beasts or goods or chattels shall be taken, sues for
a replevin thereof by writ or plaint, the sheriff shall solemnly demand
deliverance thereof at the house or place where the same are detained,
and if neither the taker nor any person on behalf of such taker, shall,
upon demand, deliver the same, or if no person shall come upon such
demand to deliver the same, the sheriff shall take the power of his county
and break open such house or place of strength and make replevin
according to the writ or plaint.
Sheriff And be it further enacted by the authority aforesaid^ That every sheriff
security, before he makes deliverance of any beasts, goods or chattels, by virtue
of any writ or plaint in replevin, shall take of the plaintiff sufficient
security to prosecute the suit and to return the same beasts, goods or
chattels, if return thereof shall be adjudged, and if any sheriff shall take
security otherwise, or neglect to take such security, he shall answer for
Chap. 5.] ELEVENTH SESSION. 599
the price or value of the beasts goods and chattels, and the person who
distraineth shall have his or her recovery by writ that he shall restore
to him or her so many beasts, goods or chattels.
And be it further enacted by the authority aforesaid^ That if the plaintiff Proceed-
in any action or suit in replevin shall make default and a return of the exwsutioa
beasts or goods or chattels is awarded to the distrainor, the sheriff shall g^^^' ^'^
be commanded by a judicial writ to make return of the beasts or goods
or chattels unto the distrainor; in which writ it shall be expressed that
the sheriff shall not deliver them without writ making mention of the
judgment, which cannot be without a writ issuing out of the same court
in which the matter was moved ; and if the plaintiff cometh unto them
and desireth replevin of the same beasts, goods and chattels, he or she
shall have a judicial writ, that the sheriff, taking security for the suit
and also for the return of the same beasts, goods and chattels, or for
the price or value of them, if return shall be awarded, shall deliver unto
the plaintiff the beasts, goods and chattels before returned and the dis-
trainor shall be attached to come and be at a certain day at the court
in which the plea was moved, in the presence of the parties, and if the
plaintiff make default again or for another cause return of the distress
be awarded, being now twice replevied the distress shall remain irre-
pleviable. But if a distress be taken of a new and for a new cause, the
process aforesaid shall be observed in the same new distress.
And whereas frequent abuses have been committed in the execution
of writs of replevin, by sheriffs making deliverance, notwithstanding due
notice and claim of property have been interposed by the defendant or
possessor; for the more effectual prevention whereof;
Be it further enacted by the authority aforesaid^ That if at any tinie Trial of
hereafter, oh a w^t or plaint of replevin, the defendant in replevin or yertedcitie
possessor, shall claim property in the thing whereof deliverance is sought, to property
and the sheriff, either by himself, his under-sheriff or bailiff, having due
notice, shall nevertheless proceed to make deliverance, and dispossess
such defendant thereof, before the claim of property shall be inquired
into or tried, according to law; such sheriff, for every such offence,
shall, besides being answerable to the defendant for the trespass, for-
feit the sum of one hundred pounds, to be recovered by any person who
shall sue for the same, in any court of record, by action of debt, bill,
plaint, or information; the one moiety thereof to the use of the person
who shall sue for the same, and the other moiety thereof to the use of
the people of this State.
And be it further enacted by the authority aforesaid^ That no distress Distress of
of beasts shall be driven out of the town, manor, district or precinct ^^e^taken
where such distress is or shall be taken, except that it be to a pound- out of
overt within the same county, not above three miles distant from the di^^esB*^*^
place where the said distress shall be taken, and that no beasts or goods ™ad®-
or chattels distrained or taken by way of distress, for any cause whatso-
ever, at one time, shall be impounded in several places, whereby the
owner or owners of such distress shall be constrained to sue several
replevins for the delivery of the said distress so taken at one time; upon
pain that every person offending therein shall, for every such offence,
forfeit to the party grieved ten pounds and treble damages, to be recov-
ered in any court of record, by action of debt, bill, plaint or information.
And be it further enacted by the authority aforesaid^ That every sheriff Distress
shall in every replevin of a distress for rent, take, in his own name from '^rrent.
the plaintiff and two sureties, a bond in double the value of the beasts
or goods or chattels distrained (such value to be ascertained by the oath
(jf one or m6re witnesses not interested and which oath such sheriff is
600 LAWS OF NEW YORK/ [Chap. 5.
hereby authorised to administer) and conditioned for prosecuting the
suit with effect and without delay and for returning the beasts or
goods and chattels, in case a return shall be awarded, before any deliv-
erance be made of the distress; and the sheriff shall at the request and
costs of the defendant, avowant or person making cognizance, assign
such bond to the defendant, avowant or person making cognizance, by
indorsing the same and attesting it under his hand, in the presence of
two witnesses; and if the bond be forfeited the defendant, avowant, or
person making cognizance, may bring an action thereupon in his or her
own name, and the court may, by rule give such relief, to the parties
upon such bond, as shall be agreeable to justice and such rule shall have
the nature and effect of a defeazance to such bond.
M, And be it further enacted by t/u authority aforesaid, That wheresoever
any lands, tenements or hereditaments, are or shall be held by any per-
son or persons, by rents, customs or services, if the person of whom any
such lands, tenements or hereditaments are or shall be held, shall dis-
train upon the same lands or tenements, for any such rents, customs or
services, and replevin thereof be sued, the person of whom the same
lands, tenements, or hereditaments are or shall be so holden may avow,
or his or her bailiff or servant make cognizance or justify, for taking the
said distress upon the same lands, tenements or hereditaments so holden,
as in lands or tenements within his or her fee, alledging in the said
avowery, cognizance and justification, the same lands and tenements to
be holden of him or her, without naming any person certain to be ten-
ant of the same and without making any avowery, cognizance or justifi-
cation upon any certain person. And that the distrainor, or his or her
bailiff or servant, may make avowery, cognizance or justification in like
manner and form upon every writ of second deliverance. •
Writs of And be it further enacted by the autJwrity aforesaid^ That the plaintiffs
etc!^pioid- ^'^^ defendants in all writs or plaints of replevin, or writs of second
ingsfo deliverance and in every of them, shall and may have like pleas and
like aid prayers in all such avowries, cognizances and justifications
(pleas of disclaimer only excepted) as they might have had before the
making of this act and as though the said avowry, cognizance, or justi-
fication had been made after the due order of the common law, and
that all such persons as by the common law may lawfully join to the
plaintiffs or defendants in the said writs or plaints of replevin or second
deliverance, as well without process, as by process shall or may from
henceforth join unto the said plaintiffs or defendants, as well without
process as by process, and have like pleas and like advantages in all
things (pleas of disclaimer only excepted) as they might have done by
the order of the common law before the making of this act
Sherira And be it further enacted by the authority aforesaid^ That whensoever
termine^^ any plaintiff in replevin shall be nonsuit before issue joined in any suit
arrears of of replevin, by plaint or writ lawfully returned, removed or depending
''®°^* in any court of record, the defendant, if the distress was made for rent,
making a suggestion in nature of an avowry or cognizance for such
rent, to ascertain the court of the cause of distress, the court, upon his
or her prayer, instead of awarding a return of the distress, shall ward a
writ to the sheriff of the county where the distress was taken, to inquire
by the oath of twelve good and lawful men of his bailwick touching the
sum in arrear at the time of such distress taken and the value of the
beasts, or goods and chattels distrained, and thereupon fifteen days
notice shall be given to the plaintiff or his or her attorney in court, of
the sitting of such inquiry; and thereupon the sheriff shall inquire of
the truth of the matters contained in such writ, by the oath of twelve
Chap. 6.] ELEVENTH SESSION. 601
good and lawful men of his county, and upon the return of such inqui-
sition the defendant shall have judgment to recover against the plaintiff
the arrearages of such rent, in case the beasts goods and chattels dis-
trained shall amount unto that value, and in case they shall not amount
to that value, then so much as the value of the said beasts, goods and
chattels so distrained shall amount unto, together with his or her* full
costs of suit, and shall have execution thereupon for the same, by capias
ad satisfaciendum, fieri facias, or otherwise, as the law shall require :
and in case such plaintiff shall be nonsuit after avowry or cognizance
made, and issue joined, or if the verdict shall be given against such
plaintiff, then the jurors impannelled or returned to enquire of such
issue, shall, at the prayer of the defendant, inquire concerning the sum
of the arrears and the value of the beasts or goods and chattels dis-
trained, and thereupon the avowant or the person who makes cognizance
shall have judgment for such arrearages or so much thereof as the
beasts, goods and chattels distrained amount unto, together with his or
her full costs and shall have like execution for the same as aforesaid.
And further that if judgment be given upon demurrer for the avow-
ant, or the person who makes cognizance, for any rent, the court, instead
of awarding a return of the distress, shall, at the prayer of the defendant,
award a writ to inquire of the value of such distress, and upon the
return thereof, judgment shall be given for the avowant or person who
makes cognizance as aforesaid, for the arrears alledged to be behind in
such avowry or cognizance, if the beasts, or goods and chattels so dis-
trained shall amount to that value, and in case they shall not amount to
that value, then for so much as the said beasts, or goods and chattels so
distrained amount unto* together with his or her full costs of suit and
and shall have like execution for the same as aforesaid; provided always^
that where the value of the beasts, goods and chattels distrained as
aforesaid, shall not be found to be of the full value of the arrears dis-
trained for, the party to whom such arrears were due, his or her execu-
tors or administrators, may from time to time distrain again for the res-
idue of the said arrears.
And be it further enacted and declared by the authority aforesaid^ That Distivas
no replevin shall lie in any case of distress for any tax, assessment or fine, 'o''**^'®*<5»
to be collected or levied in pursuance of any law of this State. And if any '
person or persons shall hereafter sue out or prosecute a replevin in any
such case, he, she or they shall forfeit the sum of fifty pounds^ to be
recovered with costs of suit, in any court of record within this State, by
action of debt, bill, plaint or information; the one moiety to any person
who shall sue for the same and the other moiety to the people of this State.
And be it further enacted by the authority aforesaid^ That the act Act recited
entitled **An act to prevent the abuse of writs and plaints in replevin," ""•p®**®^-
and an act entitled "An act to prevent delays by writs of replevin in
cases of distress for taxes, assessments or fines, shall be and hereby are
repealed.
CHAP. 6.
AN ACT to prevent forcible entries and detainers.
Passed the 6th of February, 1788.
Be it enacted by the People of the State of New York represented in Entry to be
Senate and Assembly and it is hereby enacted by the authority of the same^ SSS; exists
That no person or persons shall hereafter make any entry into any lands, by law.
Vou 2. — 76
602 LAWS OF NEW YORK. [Chap. 6.
tenements or other possessions, but in cases where entry is given by the
law, and in such case not with strong hand nor with multitude of people,
but only in peaceable and easly manner; and if any person from henceforth
do to the contrary and thereof be duly convicted, he shall be punished
Forcible by fine and imprisonment. And further, that at all times when such
ceeSn^iin forcible entry shall be made and complaint thereof cometh to the jus-
case of. tices of the peace of the same county, or to any of them, the same jus-
tices or justice shall take sufficient power of the county and go to the
place where such force is made, and if they find any that hold such
place, forcibly, after such entry made, the same justices or justice shall
record such force and set and impose a fine, not exceeding Jive pounds,
upon every of the said offenders, to be paid by them for their said
offences to the people of this State, and cause every of them so holding
by force to be taken and put into the next goal of the same county,
there to abide convict by the record of the same justices or justice,
until they shall have respectively paid such fine to the people of this
State. And further, that all the people of the county, as well the sher-
iffs as others, shall be attendant upon the justices, to go and assist the
same justices to arrest such offenders, upon pain of fine and imprison-
ment.
Regtitu- And to the end that the party aggrieved, where any person shall make
party%- ^"7 such entry by force or shall enter in peaceable manner, and after
grieved, hold by force, may have restitution;
Justices to Be it further enacted by the authority aforesaid, That where any person
peraon^ doth make any forcible entry into any lands, tenements or other posses-
makinjr sions, or them hold forcible, after complaint thereof made within the
entry with same county where such entry is made, to the justices of the peace of
the^oouDty *^^ same county, or to any one of them, by the party grieved, the same
justices or justice so warned, within a convenient time, shall go to the
place where such force is made taking the power of the county with
him, or them, if need be, and remove such force, if any there be; and
shall at the costs of the party grieved, cause this act to be duly executed;
and whether the persons making such entries be present or departed
before the coming of the same justices or justice, the same justices or
justice in some good town in the same county next to the tenements so
entered or in some other convenient place, according to their discretion;
shall have and either of them shall have authority and power to inquire,
by the people of the same county, as well of them that make such for-
cible entries into lands or tenements, as of them which the same hold
with force ; and if it be found before any of them that any doth con-
trary to this statute, then the said justices or justice shall cause the
lands and tenements so entered or holden as aforesaid, to be reseised
and shall put the party so put out, in full possession of the same lands
and tenements so entered or holden as aforesaid. And if any person,
after such entry into lands or tenements, holden with force, make a
feoffment or other discontinuance to any person, to have maintenance
or to take away and defraud the possessor of his recovey in any-wise,
if after, in assize or other action thereof to be taken or pursued, in any
court of record, by due inquiry thereof to be taken, the same feoffments
and discontinuances be duly proved to be made for maintenance as
aforesaid, then such feoffments or other discontinuances so as before
made, shall be void, frustrate and holden for none.
Sherirs And be it further enacted by the authority aforesaid. That when the
^"'^^ said justices or justice make such inquiries as aforesaid, they or one of
them shall make a warrant or precept, to be directed to the sheriff of
the same county, commanding him in the name of the people of the
Chap. 6.] ELEVENTH SESSION. 603
State of New York to cause to come, before the same justices or justice,
at a certain time and place therein to be specified, not less than two days
from the time of issuing thereof twenty four good and lawful men of
the same county duly qualified to serve as jurors in such county on
trials in the supreme court to inquire of such entries, and shall at the
time of making such warrant or precept, cause a notice in writing of
the issuing thereof, and of the time and place of the return thereof, to
be affixed up in some public and suitable place upon the lands or tene-
ments so entered or holden, or delivered to the party, against whom
such complaint is made, if such party be on the premises. And further^
that the sheriff shall return issues upon every one of the jurors, at the
day of the return of the first precept twenty shillings and at every day
after the double. And if any person who shall be indicted upon this
act, before such justices or justice, shall immediately traverse such
indictment, then the same justices or justice shall make a warrant or
precept to be directed to the sheriff of the same county, commanding
him, in the name of the people of the State of New York, to cause to
to come before such justices or justice, at a certain day, not less than
four nor more than eight days from the time of issuing such precept,
and at a certain place therein to be specified, twelve good and lawful
men of the same county, who shall be such as are or shall be qualified
to serve as jurors as aforesaid, to try the same traverse, and the sheriff
shall return issues upon every of them in the manner aforesaid. And
if any sheriff be slack and make not execution duly of such precept to
him directed to make such inquiries, or try such traverse, he shall for-
feit twenty pounds^ for every default, to the party grieved, to be recovered
with costs of suit in any court of record in the same county where the
offence shall be committed by action of debt, bill, plaint, or information.
And be it further enacted by the authority aforesaid^ That no restitution Restitution
upon any indictment of forcible entry or holding with force, be made ^^Sieved,
to any person, or persons, if the person or persons so indicted or his when made
or their ancestors, or those whose estate they have in such lands and
tenements, hath or have had the occupation or hath or have been in
quiet possession, by the space of three whole years together, next be-
fore the day of such indictment so found, and his, her or their estate
or estates therein not ended or determined; which the party indicted
shall and may alledge for stay of restitution, and restitution to stay
until that be tried, if the party complaining will deny or traverse the
same, and then the justices or justice before whom such indictment
shall be found, shall proceed to try the same in the manner herein
before directed.
And be it further enacted by the autliority aforesaid^ That if the allega- id.
tion or traverse taken or made by the person or persons indicted, be
tried against the person or persons so indicted, either before the same
justices or justice, or before the justices of the supreme court, or either
of them, in case the proceedings be removed into the supreme court,
before such trial, then and in every such case, restitution shall be -•
awarded by the justices or justice before whom the same shall be tried
or, by the supreme court, in the same manner, as if no plea or traverse
had been made or put in by such persons so indicted, and the person
or persons so convicted shall pay such costs and damages to the party
complaining, as shall be assessed by the justices or justice before whom
the same is tried, or by the supreme court, if the proceedings shall be
removed into the supreme court before such trial as aforesaid ; the same
costs and damages to be recovered and levied in the same manner, as
costs and damages upon judgments in other actions are recovered.
604
LAWS OF NEW YORK.
[Chap. 7.
Act, to
whom to
extend.
Damatres
to party
put out of
possession.
What ofB-
cers may
execute
powers of
justices of
the peace.
And be it further enacied by the authority aforesaid^ That this act
shall extend as well to tenants for vears and guardians, as to such as
have estates of freehold.
And be it further enacted by the authority aforesaid^ That if any person
be disseised or ejected, or put out of any lands or tenements, in forcible
manner or put out peaceably and after holden out with strong hand, or
after such entry any feoffment or discontinuance in any wise thereof be
made to defraud and take away the right of the possessor, the party
grieved in this behalf shall have assise of novel disseisin, or a writ of
trespass against such offenders ; and if the party aggrieved recover by
assise or by action of trespass, and it be found by verdict, or in any
other manner by due course of law, that the party defendant entered
with force into the lands and tenements or them, after his entry, did
hold with force, the plaintiff shall recover his treble damages, with costs
of suit against ' the defendant.
And be it further enacted by the autJiority aforesaid^ That all mayors,
recorders, justices of the peace and aldermen and sheriffs of cities, shall
have, in the same cities, the like power to remove such entries and in
the other articles aforesaid, arising within the same, as the justices of
the peace and sheriffs have by this act in the several counties of this
State.
CHAP. 7.
OraDtees
of rever-
sions,
rights
against
AN ACT to enable grantees of reversions to take advantage of
the conditions to be perfornned by lessees.
Passed the 6th of February, 1788.
Be it enacted by the People of the State of New Yorky represented in
Senate and Assembly and it is hereby enacted by the authority of the same^
That as well all and every person and persons and bodies politick and
corporate, their heirs, successors and assigns, which have or shall have
any gift, or grant, of the people of the State of New York, by any ways
or means howsoever, of any manors, lands, tenements, rents or other
hereditaments, or of any reversion, or reversions of the same, which
did belong or appertain to any other person, or persons and have or
shall by any ways or means come to the people of the State of New
York, as also all other persons, being grantees or assignees to or by the
people of the State of New York, or to or by any other person or per-
sons and the heirs, executors, successors and assigns of every of them,
shall and, may have and enjoy like advantages against the lessees, their
executors administrators, and assigns, by entry for the non payment of
the rent or for doing of waste or other forfeiture ; and also shall and
may have and enjoy all and every such like and the same advantage,
benefit and remedies by action only, for not performing other condi-
tions, covenants, or agrements, contained and expresed in their leases,
demises, or grants against all and every the said lessees, and termers,
and grantees, their executors, administrators and assigns, as the lessors
or grantors themselves or their heirs or successors ought, should or
might have had and enjoyed at any time or times in like manner and
form as if the reversion of such lands, tenements or hereditaments had
remained and continued in the same lessors or grantors or in their heirs
or successors.
Chap. 8.] ELEVENTH SESSION. 605
And be it further enacted by the authority aforesaid^ That all termers, Leasee's
lessees and grantees, of manors, lands, tenements, rents or any other a^on '
hereditaments, for term of years, or life or lives, their executors, admin- J^^J^J'^j
istrators, and assigns, shall and may have like action, advantage and reversion,
remedy against all and every person and persons and bodies politick
and corporate, their heirs, successors, and assigns, which have or shall
have any gift or grant of the people of the State of New York, or of
any other person or persons, of the reversion of the same manors, lands,
tenement, rents or hereditaments, so letten or any parcel thereof, for
any condition, covenant or agreement contained or expressed, in their
lease or leases, as the same lessees or any of them might and should
have had against their lessors, and grantors, thqir heirs or successors ;
all benefits and advantages of recoveries in value by reason of any
warrantee in deed or in law by voucher or otherwise only excepted.
CHAP. 8.
AN ACT to compel joint tenants and tenants in common to
make partition and for the more easy obtaining partition of
lands in coparcenary, joint tenancy and tenancy in common.
Passed the 6th of February, 1788.
Be it enacted by the People of the State of New York, represented in Writ of
Senate and Assembly and it is hereby enacted by the authority of the same^ RfJ^tnt ^
That all joint tenants and tenants in common, that now be or hereafter tenancy
shall be, of any estate or estates of inheritance, in their own rights or SScyln'
in the right of their wives, of any manors, lands, tenements or heredit- wmmoa.
aments within this State, shall and may be compelled by virtue of this
act to make partition between them, of all such manors, lands, tene-
ments and hereditaments, as they now hold or hereafter shall hold, as
joint tenants or tenants in common, by writ of partition in that case to
be devised in the court of chancery, in like manner and form as copar-
ceners by the common law have been and are compelled to do, and the
same writ to be pursued at the common law ; but that every of the said
joint tenants or tenants in common and their heirs, after such partition
made, shall and may have aid of the other or of his, her or their heirs,
to the intent to dereign the warranty paramount and to recover for the
rate, as is used between coparceners after partition made by the order
of the common law.
And be it further enacted by the authority aforesaid. That all joint id.
tenants and tenants in common and every of them, who now hold or
hereafter shall hold, jointly or in common, for term of life or lives, year
or years and joint tenants or tenants in common, where one or some of
them have or shall have estate or estates for term of life or lives, or
year or years, with the other or others, that have or shall have estate or
estates of inheritance or freehold, in any manors, lands, tenements or
hereditaments, shall and may be compellable from henceforth by writ
of partition out of the court of chancery, upon his, her or their case or
cases and to be pursued at the common law, to make severance and
partition of all such manors, lands, tenements and hereditaments, which
they hold jointly or in common, for term of life or lives, year or years,
or wh^re one or some of them hold jointly or in common, for term of
life or lives, year or years with another or others that have an estate or
606 LAWS OF NEW YORK. [Chap. 8.
estates of inheritance or freehold ; but that no such partition or sever-
ance hereafter to be made by force of this clause of this act, be, nor
shall be prejudicial or hurtful to any person or persons, their heirs or
successors, other than such as be parties unto the said partition their
executors or assigns.
And be it further enacted by the authority af^resaidy That after pro-
cess of pone or attachment returned upon any writ of partition, between
coparceners at the common law or custom, or between joint tenants or
tenants in common by virtue of this act, affidavit being made by any
credible person, of due notice given of the said writ of partition to the
tenant or tenants to the action and a copy thereof left with the occupier
or tenant or tenants, or if they cannot be found, to the wife, son or
daughter, (being of the age of one and twenty years or upwards) of the
tenant or* tenants, or to the tenant in actual possession, by virtue of any
estate of freehold, or for term of years, or uncertain interest, or at will,
of the manors, lands, tenements or hereditaments, whereof the partition
is demanded, (unless the said tenant in actual possession be demandant
in the action) at least forty days before the day of the return of the said
pone or attachment, if the tenant or tenants to such writ or any of
them, or the true tenant to the messuages, lands, tenements and hered-
itaments as aforesaid shall not in such case within fifteen days after
return of such writ of pone or attachment, cause an appearance to be
entered in such court where such writ of pone or attachment shall be
returnable, then, in default of such appearance, the demandant having
entered his declaration, the court may proceed to examine the demand-
ant's title and quantity of his part and purpart and accordingly as they
shall find his right part and purpart to be, they shall for so much give
judgment by default and award a writ to make partition, whereby such
proportion, part and purpart may be set out severally; which writ being
executed, after eight days notice given to the occupier or tenant or ten-
ants of the premises and returned, and thereupon final judgment entered,
the same shall be good and conclude all persons whatsoever, after notice
as aforesaid, whatever right or title they have or may at any time, claim
to have, in any of the manors, messuages, lands, tenements and hered-
itaments mentioned in the said judgment and writ of partition, although
all persons concerned are not named in any of the proceedings nor the
title of the tenants truly set forth.
Proviso in Provided always, that if such tenant or person concerned or either of
dfl^ult. them, against whom, or their right or title, such judgment by default is
given, shall, within the space of one year after the first judgment entered
or in case of infancy, coverture insane memory, or absence out of the
State, within one year after his, her or their return, or the determination
of such inability, apply themselves to the court where such judgment is
entered, by motion, and shew good and probable matter in bar of such
partition, or that the demandant hath not tide to so much as he hath
recovered, then in such case the court may suspend or set aside such
judgment and admit the tenant and tenants to appear and plead and the
cause shall proceed according to due course of law, as if no such judg-
ment had been given; and if the court, upon hearing thereof, shall
adjudge for the first demandant, then the said first judgment shall stand
confirmed ar.d be good against all persons whatsoever, except such other
persons as shall be absent or disabled as aforesaid, and the person or
persons so applying, shall be awarded thereupon to pay costs ; or if
within such time or times aforesaid, the tenants or persons concerned,
admitting the demandants title, parts and purparts, shall shew to the
court an inequality in the partition, the court may award a new partition
Chap. 8.] ELEVENTH SESSION. 607
to be made, in the presence of all parties concerned, if they will appear,
notwithstanding the return and filing upon record of the former; which
said second partition, returned and filed, shall be good and firm forever
against all persons whatsoever, except as before excepted.
And be it further enacted by the authority aforesaid^ That no plea in piom of
abatement shall be admitted or received in any suit for partition ; nor 51ot^*^°'
shall the same be abated by reason of the death of any tenant. lowed.
And be it further enacted by the authority aforesaid^ That when the Under
sheriff, by reason of distance, infirmity or any other hindrance, cannot juJuom*"
conveniently be present at the execution of any judgment in partition, ™^^*^
in such case the undersherifT, in the presence of two justices of the peace »heriffun-
of the county where the lands, tenements or hereditaments to be divided ^^end.
do lie, shall and may proceed to the execution of any writ of partition,
by inquisition in due form of law, as if the sheriff were then personally
present, and the sheriff thereupon shall and is hereby enabled and
required to make the same return, as if he were personally present at
such execution; and in case such partition be made, returned and filed,
he or they that were tenant or tenants of any of the said messuages,
lands, tenements and hereditaments or of any part or purpart thereof,
before they were divided, shall be tenant or tenants for such part set
out severally, to the respective landlords or owners thereof, by and under
the same conditions, rents, covenants and reservations, where they are
or shall be so divided; and the landlords and owners of the several parts
and purparts so divided and allotted as aforesaid, shall warrant and
make good to the respective tenants the said several parts severally,
after such partition, as they are or were bound to do, by any agreement,
leases or grants of their respective parts, before any partition made ; and
in case any demandant be tenant in actual possession to the tenant to
the action, for his part and proportion or any part thereof, in the mes-
suages, lands, tenements and hereditaments to be divided by virtue of a
writ of partition as aforesaid, for any term of life, lives or years or uncer-
tain interest the said tenant so in actual possession shall stand and be
possessed of the said purparts and proportions, for the like term and
under the same conditions and covenants, when it is set out severally in
pursuance of this act.
And be it further enacted by the authority aforesaid. That the respective id.
sheriffs, their under sheriffs and deputies, and in case of sickness or dis-
ability of the sheriff, all justices of the peace within their respective
counties, shall give due attendance to the executing such writ of parti-
tion, unless reasonable cause be shewn to the court, upon oath, and
there allowed of, or otherwise be liable, every of them, to pay unto the
demandant such costs and damages, as shall be awarded by the court
not exceeding five pounds, for which the demandant or plaintiff may
bring his action in any court having cognizance thereof and recover the
same, with costs ; and in case the demandant shall not agree to pay to
the sheriff, or under sheriff, justices and jurors, such fees as they shall
respectively demand for their pains and attendance in the execution of
the same, and the returning thereof, then the court shall award what
each person shall receive, having respect to the distance of the place
from their respective habitations, and the time they msut necessarily
•spend about the same; for which they may severally bring their actions
as aforesaid.
608 LAWS OF NEW YORK. [Chap. 9.
CHAP. 9.
AN ACT to redress disorders by common informers and to pre-
vent malicious informations.
Passed the 6th of February, 17S8.
Actions by Be it enacted by the People of the State of New York represented in
iipon penul Senate and Assembly and it is hereby enacted by the authority of the same^
statutes. That every informer upon any penal statute made or to be made, shall
exhibit or commence his suit in proper person and pursue the same only
by himself or by his attorney in court, and that no person shall be
admitted or received to pursue against any person or persons upon any
penal statute, but by action of debt, bill, plaint or information, and not
otherwise, nor shall have nor use any deputy or deputies at all and that
upon every such information which shall be exhibited a special note
shall be made of the very day, month, and year of the exhibiting thereof,
into any office or to any officer, who lawfully may receive the same,
without any manner of anti-date thereof to be made, and that the same
information shall be accounted and taken to be of record from that time
forward and not before. And that no process be sued out upon such
information until the information be exhibited in form aforesaid. And
further^ that upon every process to be sued out upon any such action, bill,
plaint or information, to compel the appearance of any defendant, shall
be indorsed, as well the name of the party who pursueth the same pro-
cess, as also the title of the statute upon which the action or informa-
tion in that behalf had or made, is grounded; and that every clerk mak-
ing out or issuing process contrary to the tenor and provision of this act,
shall forfeit and lose three pounds for every such offence; the one half
to the use of the people of this State of New York and the other half to
the party against whom any such defective process shall be aw^arded, to
be recovered with costs in any court having cognizance thereof, by action
of debt, bill, plaint or information.
AotloDs to And be it further enacted by the authority aforesaid^ That in all informa-
counUes* tions to be exhibited and in all bills, plaints and declarations in any action
whereof- or suit to be commenced against any person or persons, either by or on
miued!*™ behalf of the people of the State of New York, or by any other or on
the behalf of the people of the State of New York and any other, for or
concerning any offence committed or to be committed against any penal
statute, made or to be made, the offence shall be laid and alledged to
have been committed in the county where such offence was in truth
committed and not elsewhere ; and if the defendant to any such infor-
mation, action or suit, pleadeth that he oweth nothing or that he is not
guilty, and the plaintiff or informer in such information, action or suit
upon evidence to the jury, that shall try such issue, shall not both prove
the offence laid in the said information, action or suit and that the same
offence was committed in that county, then the defendant and defend-
ants shall be found not guilty. Provided always that this act or any
thing herein contained shall not extend to the laying or alledging of any
offence in any declaration, bill, plaint or information for or concerning
any maintenance, champerty, buying of titles, imbracery or extortion,
or for or concerning any matter of corrupt usury, or for or concerning any
custom, duty or impost upon any goods, wares or merchandize imported
or to be imported into this State; but that every such offence shall or
may be laid in any county at the pleasure of any such informers.
finme
tre»
Chap. 9.] ELEVENTH SESSION. 609
And be it further enacted by the authority aforesaid. That if any in for- Plea by
mation, suit or action shall be brought or exhibited against any person ^^^f®***^****
or persons for any offence committed or to be committed against the
form of any penaJ law made or to be made, either by or on behalf of
the people of the State of New York or by any other, or on the behalf
of the people of the State of New York and any other, it shall be law-
ful for such defendants to plead the general issue, that they are not
guilty or that they owe nothing and to give such special matter in evi-
dence to the jury that shall try the same, as if pleaded would have
been a good and sufficient matter in law to have discharged such defend-
ant or defendants against the said information, suit or action, and the
said matter shall be as available to him or them to all intents and pur-
poses, as if he or they had sufficiently pleaded, set forth or alledged the
same matter in bar or discharge of such information, suit or action.
And be it further enacted by the autJiority aforesaid. That the like pro- Ptooms.
cess in any action, bill, plaint, information or suit, to be commenced JJ;*|,;
sued or prosecuted upon any penal statute made or to be made, shall pa««.
be had and awarded to all intents and purposes, as in an action of tres-
pass with force and arms at the common law.
And be it further enacted by the authority aforesaid. That if any citizen Defendant,
of this State or of any of the United States of America, shall be sued where^bai
or informed against in the supreme court or in the court of exchequer, allowed,
upon any penal law made or to be made, where such person is bailable JLXby"
by law or where by the leave or favour of the court such person may «*ttorneF.
api>ear by attorney, then in aU and every such case the person so
impleaded or sued shall and may at the day and time contained in the
first process, served for his or her appearance, appear by attorney of
the same court where the process is returnable to answer and defend
the same and shall not be urged to a personal appearance or to put in
bail for the answering of such suit.
And be it further enacted by the authority aforesaid, That no jury shall Jury in
be compelled to appear in the supreme court or court of exchequer for ^'afsta"
the trial of any issue, in any action, information or suit, upon any penal utes.
statute for any offence committed above thirty miles from the place where
the same court shall sit, except in case where the attorney general for
the time being, for some reasonable cause in that behalf to be shewed,
shall require the same to be tried at the bar in either of the said courts;
which request shall be noted on the back of the writ of distringas there-
upon awarded, to the end the sheriff or his bailiff may and shall signify
the same to the jury that are in such case impaneled.
And be it further enacted by the authority aforesaid, That if any person Where
or persons shall sue with good faith any action popular and the defend- Jetlon'^
ant or defendants in the same action plead any manner of recovery in pleaded in
any action popular in bar of the said action or else that the same defend- **'*
ant or defendants plead that he or they before that time barred any
plaintiff or plaintiffs in any such action popular, that then the plaintiff
or plaintiffs in the action taken with good faith may aver that the said
recovery in the said action popular was held by covin, or else aver that
the said plaintiff or plaintiffs so barred was or were barred in the said
action popular by covin and then if after such averment the said collu-
sion or covin so averred be lawfully found the plaintiff or plaintiffs in
the action sued with good faith shall recover according to the nature of
the action and have execution upon the same in like manner as if no
such action or recovery had been before had. And further that in every
such action popular, wherein the defendant or defendants shall be law-
fully condemned or attainted of covin or collusion as aforesaid, every
Vol. 2. — 77
610 LAWS OF NEW YORK. [Chap. 9.
such defendant shall have imprisonment of two years by process of
capias to be sued within the year after such judgment had or at any
time after till the said defendant or defendants shall be had and
imprisoned as aforesaid; and that as well at the suit of the people of
the State of New York, as of every other that will sue in that behalf
and such process shall and may be pursued to outlawry. And more-
over no release of any common person made or to be made to any
such defendant or defendants, whether before or after any action
popular or indictment of the same had or commenced, or made or pend-
ing the same action, shall be in any wise available or effectual to let.
surcease or bar the said action, indictment, process or execution. Pro-
vided always that no plaintiff or plaintiffs be in any wise received to aver
any in covin an action popular, where the point of the same action or
else the covin or collusion have been once tried or lawfully found with
the plaintiff or plaintiffs, or against them by the verdict of twelve men
and not otherwise.
Actions ATid be it further enacted by the authority aforesaid^ That no informer
n't to°***^ or plaintiff in any action popular shall or may compound or agree with
be ^^^' any person or persons who shall offend or shall be surmised to have
offended, against any 'penal statute made or to be made for such offence
committed or pretended to have been committed, but after answer made
in court to the information or suit in that behalf exhibited or prose-
cuted, nor after answer but by the order or consent of the court in which
the same information or suit is or shall be depending. And further ^
that if any such informer or plaintiff as aforesaid shall willingly delay
his suit or shall discontinue or become non suit in the same, or shall
have the trial or matter passed against him therein, by verdict or judg-
ment of law, that then and in every such case the same imformer or
plaintiff shall yield, satisfy and pay unto the party defendant, his costs,
charges and damages to be assigned by the court in which the same suit
is or shall be attempted ; for the recovery whereof every such defend-
ant shall immediately upon the same costs, charges and damages assigned,
have his execution for the same to be awarded unto him out of the same
court in which the same shall be so assigned as aforesaid, as in other
cases of execution,
id. And be it further enacted by the authority aforesaid^ That if any person
or person, (except the clerks of the court only for making out of process
otherwise than is above appointed) shall offend in suing out of process,
making of composition or other misdemeanor, contrary to the true
intent and meaning of this act, or shall by colour or pretence of pro-
cess, or without process upon colour or pretence of any matter of offence
against any penal law, make any composition or take any money, reward
or promise of reward for himself or to the use of any other, without the
order or consent of some court of record, that then he or they so offend-
ing, being thereof lawfully convicted shall forever be disabled to pursue
or be plaintiff or informer in any suit or information upon any statute
popular or penal; and shall also for every such offence, forfeit and loose
the sura of forty pounds; the one half thereof to the people of the State
of New York and the other half to the party grieved thereby, to be
recovered with costs in any court of record, by action of debt, bill,
plaint or information. And that justices of oyer and terminer, justices
of goal delivery and justices of the peace in their sessions, shall have
full power and authority to hear and determine all offences to be com-
mitted or done contrary to the true intent and meaning of this act.
Protnded always^
Chap. lo.] ELEVENTH SESSION. 611
And be it further enacted by the authority aforesaid^ That this act Act not
shall not extend to restrain any certain person, body politic or corpo- wherTpen-
rate to whom or to whose use, any forfeiture, penalty or suit is or shall ^JlJJ^nJI^i *^
be specially limited or granted, by virtue of any statute and not gener- State,
ally to any person who will sue ; but that every such certain person,
body politic or corporate may in such case sue, inform and pursue, as
he or they might have done if this act had never been made. And to
prevent malicious informations in the supreme court of judicature of
this State for trespasses, batteries and other misdemeanors.
Be it further enacted by the authority aforesaid^ That the clerk of the Clerk not
supreme court, for the time being, shall not, without express order to be fonimt">ii
given by the said court, receive or file any information for any trespass, ^^ trespass
battery or other misdemeanor, or seal any process thereupon, before he pecurity
shall have delivered to him a recognizance from the person or persons *^*^*'^'
procuring such information or informations to be exhibited, to be entered
into, to the person or persons against whom such information or informa-
tions is or are to be exhibited, with sufficient security in the penalty of
twenty pounds that he she or they will effectually prosecute such informa-
tion or informations, and abide by and observe such orders as the said
court shall direct (which recognizance any one of the judges of the said
supreme court is impowered to take); And after the taking and receipt
whereof the clerk of the said court shall make an entry thereof upon
record and shall file a memorandum in some public place in his office,
that all persons may resort thereunto without fee. And in case any
person or persons, against whom any information or informations for
the causes aforesaid, or any of them, shall be exhibited, shall appear
thereunto and plead to issue, and the prosecutor or prosecutors of such
information or informations shall not, at his and their own proper costs
and charges, at or before the second court (in which the same might be
tried) next after issue joined therein, procure the same to be tried; or
if upon such trial a verdict pass for the defendant or defendants or in
case the said informer or informers procure a nolle prosequi to be entered,
then in any of the said cases, the said supreme court is hereby author-
ized to award to the said defendant or defendants, his or their costs,
unless the judge before whom such information or informations shall be
tried, shall at the trial of such information or informations in open court
certify upon record that there was a reasonable cause for exhibiting the
same. And in case the said informer or informers shall not, within ten
days next after the said costs shall be taxed and demand made thereof,
pay to the said defendant or defendants the said costs, then the said
defendant or defendants shall have the benefit of the said recognizance
to compel them thereunto.
CHAP. 10.
AN ACT lor the more effectual discovery of the death of persons'
beyond sea or absenting themselves upon whose lives estates
do depend.
Passed the 6th of February, 178€.
Whereas divers persons have estates for one or more life or lives, or Preamble,
for one or more year or years, determinable upon one or more life or
lives ; and it hath often happened that such person or persons for whose
life or lives such estates are held, have gone beyond sea, or so absented
themselves for many years, that the lessors, reversioners or persons in
612
LAWS OF NEW YORK.
[Chap. io.
Person
absent sev*
en years
deemed
evidenoe
of death.
Where
absent
persons
reappear.
Life estate
of minors
and mar-
remainder, cannot find out whether such person or persons be alive or
dead; therefore
Be it enacted by the People of the State of New Vork, represenUd in
Senate and Assembly^ and it is hereby enacted by the authority of the same^
That if such person or persons, for whose life or lives such estates
have been or shall be granted or held as aforesaid, shall remain beyond
sea, or absent himself, herself or themselves, in this State or elswhere,
by the space of seven years together, and no sufficient and evident proof
be made of the life or lives of such person or persons respectively, in
any action commenced or to be commenced for the recovery of such
tenements, by the lessors or reversioners or other person or persons
entitled to the same estate, upon the death of such person or persons, in
every such case the person or persons, upon whose life or lives such
estate depended shall be accounted as naturally dead; and in every
action brought for the recovery of the said tenements by the lessors or
reversioners, or other person or persons entitled to the same, upon the
death of such person or persons, and their heirs or assigns, the judges,
before whom such action shall be brought, shall direct the jury to give
their verdict as if the person or persons so remaining beyond sea or
otherwise absenting himself, herself or themselves were dead. Provided
always^ and
Be it further enacted by the authority aforesaid^ That if any person or
persons shall be evicted out of any lands or tenements by virtue of chis
act, and afterwards if the person or persons upon whose life or lives such
estate or estates depend, shall return again from beyond sea, or shall on
proof in any action to be brought for the recovery of the same, be made
appear to be living or to have been living at the time of the eviction,
that then and from thenceforth the tenant or lessee who was ousted of
the same, his, her or their executors, administrators or assigns, shall or
may re-enter, repossess, have, hold and enjoy the said lands or tene-
ments in his, her, or their former estate for and during the life or lives,
or so long a term as the said person or persons, upon whose life or lives
the said estate or estates depend, shall be living; and also shall upon
an action or actions to be brought by him her or them, against the
lessors reversioners or tenants in possession, or other persons respect-
ively, which since the time of such eviction received the profits of the
said lands or tenements, recover for damages, the full profits of the said
lands or tenements respectively, for and from the time that he, she or
they were ousted of the said lands or tenements, and kept and held out
of the same by the said lessors, reversioners, tenants or other persons,
who after the said eviction received the profits of the said lands or tene-
ments, or any of them respectively, as well in the case when the said
person or persons, upon whose life or lives such estate or estates did
depend, are or shall be dead, at the time of bringing of the said action
or actions, as if the said person or persons were then living.
And whereas (MvQvs persons, as guardians and trustees for infants, and
husbands in right of their wives, and other persons having estates or
interests determinable upon a life or lives, have continued to receive
the rents and profits of such lands or tenements, after the determination
of their said particular estates or interests: and whereas the proof of the
death of the persons on whose lives such particular estates or interests
depended, is very difficult, and several persons have been and may be
thereby defrauded; for remedy whereof and for preventing such fraudu-
lent practices in future.
Be it further enacted by the authority aforesaid^ That any person or
persons who hath or have or shall have any claim or demand in or to
Chap, io.] ELEVENTH SESSION 613
any remainder, reversion or expectancy, in or to any estate, after the ried wo-
death of any person within age, married woman, or any other person or JeediiSsto
persons whatsoever, upon affidavit made in the court of chancery in this P'^^^'lJ
State, by the person or persons so claiming such estates, of his, her or husband or
their title, and that he, she or they hath or have cause to believe that «"ar<i*»n»
such infant, married woman or other person or persons, is or are dead,
and that his, her or their death is concealed by such guardian, trustee,
husband or any other person or persons, shall and may, once a year, if
the person or persons aggrieved shall think fit, move the chancellor,
for the time being, to order, and he is hereby authorized and required
to order such guardian, trustee, husband or other person or persons
concealing or suspected to conceal such person or persons, on whose
life or lives such estate doth shall or may depend, at such time and place
as the said court shall direct, on personal or other due service of such
order, to produce and shew to such person or persons (not exceeding two)
as shall in such order be named by the party or parties prosecuting such
order, such infant, married woman or other person or persons afore-
said; and if such guardian, trustee, husband or such other person or per-
son*- as aforesaid shall refuse or neglect to produce or shew such infant,
married woman or such other person or persons on whose life or lives
any such estate doth or shall depend, according to the directions of the
said order; that then the said court of chancery is hereby authorised
and required to order such guardian, trustee, husband or other person
or persons to produce such infant, married woman or other person or
persons so concealed in the said court of chancery or othewise, before
commissioners to be appointed by the said court, at such time and
place as the court shall direct; two of which commissioners shall be
nominated by the party or parties prosecuting such order, at his, her or
their costs and charges; and in case such guardian, trustee, husband or
other person or persons shall refuse or neglect to produce such infant,
married woman, or other person or persons so concealed, in the court of
chancery, or before such commissioners, whereof return shall be made
by such commissioners, and that return filed in the office of the register
of the said court of chancery; then in any or either of the said cases,
the said infant, married woman or such other person or persons so con-
cealed, shall be taken to be dead; and it shall and may be lawful for
any person or persons claiming any right, title or interest in reversion
or remainder or otherwise, after the death of such infant, married woman,
or such other person or persons so concealed as aforesaid, to enter upon
such lands, tenements and hereditaments, as if such infant, married
woman or other person or persons so concealed, were actually dead.
And be it further enacted by the autliority aforesaid^ That if it shall Order
appear to the said court, by affidavit, that such infant, married woman, tenalnt^s^
or Other person or persons, for whose life or lives such estate is holden, n^dJacor
is or are, or lately was or were, at some certain place or places beyond
sea, or elsewhere out of this State, in the said affidavit to be mentioned,
il shall and may be lawful for the party or parties prosecuting such
order, as aforesaid, at his, her or their costs and charges, to send one or
both the said persons appointed by the said order, to view such infant,
married woman or other person or persons, for whose life or lives any
such estate is or shall be holden; and in case such guardian, trustee,
husband or other person or persons, concealing or suspected to conceal
such person or persons, as aforesaid, on whose life of lives any such
estate doth or shall depend, shall refuse or neglect to produce or pro-
cure to be produced to such person or persons, appointed by the said
order, a personal view of such infant, married woman or other person
614
LAWS OF NEW YORK.
[Chap.
lO.
Order
where life
tenant re-
apiiears.
Where
KUHrdian
or husband
cannot
f>rnduce
ife tenant.
Person
holding
posses-
sion after
estate de-
termined
deemed
trespasser.
or persons, for whose life any such estate is or shall be holden, that then
and in such case the person or persons appointed by such order are
hereby required to make a true return of such refusal or neglect, to the
said court, which return shall be filed in the office of the register of the
said court and thereupon any such infant, married woman or other
person or persons, for whose life or lives any such estate is or shall be
holden, shall be taken to be dead ; and it shall and may be lawful for
any person or persons claiming any right, title or interest in reversion,
remainder, or otherwise, after the, death of such infant, married woman,
or other person or persons for whose life or lives any such estate is or
shall be holden, to enter upon such lands, tenements and hereditaments,
as if such infant, married woman, or other person or persons, for whose
life or lives any such estate is or shall be holden, were actually dead.
Provided always.
And be it further enacted by the authority aforesaid^ That if it shall
afterwards appear upon proof in any action to be brought, that such
infant, married woman, or other person or persons, for whose life or
lives any such estate is or shall be holden, were alive at the time of such
order made, that then it shall be lawful for such infant, married woman,
guardian, trustee or other person or persons, having any estate or inter-
est, determinable upon such life or lives, to re-enter upon the said lands,
tenements or hereditaments, and for such infant, married woman or
other person or persons, having any estate or interest determinable upon
such life or lives, his, her or their executors, administrators or assigns,
to maintain any action or actions against those who, since the said order,
received the profits of such lands, tenements or hereditaments, or their
executors or administrators, and therein to recover full damages for the
profits of the same received, from the time that such infant, married
woman, or other person or persons having any estate or interest deter-
minable upon such life or lives were ousted of the possession of such
lands, tenements or hereditaments. Provided also,
And be it furtJur enacted by the authority aforesaid^ That if any such
guardian, trustee, husband or other person or persons, holding or hav-
any estate or intetest determinable upon the life or lives of any other
person or persons, shall, by affidavit, or otherwise, to the satisfaction of
the said court, make appear, that he, she or they hath or have used his,
her or their utmost endeavours to procure such infant, married woman,
or other person or persons, on whose life or lives such estate or interest
doth or shall depend, to appear in the said court of chancery or else-
where, according to the order of the said court in that behalf made,
and that he, she or they cannot procure or compel such infant, married
woman or other person or persons so to appear, and that such infant,
married woman or other person or persons, on whose life or lives such
estate or interest doth or shall depend, is, are or were living at the time
of such return made and filed as aforesaid, that it shall be lawful for
such person or persons to continue in the possession of such estate and
.receive the rents and profits thereof, for and during the infancy of such
infant, and the life or lives of such married woman, or other person or
persons on whose life or lives such estate or interest^ doth or shall
depend as fully as he she or they might haver done, if this act had not
been made.
And be it further enacted by the authority aforesaid^ That every per-
son who as a guardian or trustee for an infant, and every husband
seised in right of his wife only, and every other person, having an
estate determinable upon any life or lives, who after the determina-
tion of such particular estates or interests, without the express con-
Chap, ii.] ELEVENTH SESSION. (>15
sent of him, her or them, w^o are or shall be next and immediately
entitled upon and after the determination of such particular estates or
interests, shall hold over and continue in possession of any messuage,
hinds, tenements or hereditaments, shall be and are hereby adjudged to
be trespassers; and that all and every person and persons, his, her and
their executors and administrators, who are or shall be entitled to such
messuages, lands, tenements or hereditaments, upon or after the deter-
mination of such particular estates or interests, shall and may recover
in damages against every such person or persons so holding over as
aforesaid, and against his her or tneir executors or administrators, the
full value of the profits received during such wrongful possession as
aforesaid.
CHAP. 11.
AN ACT for rendering the proceedings upon writs of mandamus
and informations in the nature of quo warranto more speedy
and effdctual.
Passed the 6th of February, 1788.
Be it enacted by the People of the State of New York represented in Return to
Senate and Assembly and it is hereby enacted by the authority of the same^ mandamus
That if any mandamus shall issue out of the supreme court directed and
delivered to any person or persons, who by the laws of this State are
required to make a return to such writ of mandamus, such person or
persons shall make his or their return to the first writ of mandamus.
And be it further enacted by the authority aforesaid^ That from and
after the passing of this act, as often as any writ of mandamus shall issue
out of the said supreme court and a return shall be made thereunto, it
shall and may be lawful to and for the person or persons suing or pros-
ecuting such writ of mandamus, to plead to or traverse all or any the
material facts contained within the said return, to which the person or
persons making such return, shall reply, take issue, or demur; and such
further proceedings and in such manner shall be had therein for the
determination thereof, as might have been had, if the person or persons
suing such writ had broufjht his or their action on the case for a false
return; and if any issue shall be joined on such proceedings, the person
or persons suing such writ shall and may try the same in such place as
an issue joined m such action on the case should or might have been
tried; and in case a verdict shall be found for the person or persons
suing such writ, or judgment given for him or them upon a demurrer,
or by nil dicit, or for want of a replication or other pleading, he or they
shall recover his or their damages and costs, in such manner as he or they
might have done in such action on the case as aforesaid; and such
damages and costs shall and may be levied by fieri facias or capias ad .
satisfaciendum, as in other cases, and a premptory mandamus shall be
granted without delay for him or them for whom judgment shall be
given as might have been, if such return had been adjudged insufficient;
and in case judgment shall be given for the person or persons making
such return to such writ, he or they shall recover his or their costs of
suit, to be levied in manner aforesaid. Provided always.
And be it further enacted by the authority aforesaid^ That if any dama- Where
ges shall be recovered by virtue of this act against any such person or Jl!JI"Je?^d,
persons making such return to such writ as aforesaid, he or they shall other
616 LAWS OF NEW YORK. LChap. ii
actiona not be liable to be sued in any other action or suit, for the making such
return; any law, usage, or custom to the contrary thereof notwithstand-
ing.
URurpation And be it further enacted by the authority aforesaid^ That in case any
quo wS- person or persons shall usurp, intrude into or unlawfully hold and exe-
ruuto. cute any office or franchise within this State, it shall and may be lawful
to and for the attorney general, with the leave of the said supreme court,
to exhibit one or more information or informations in the nature of a
quo warranto at the relation of any person or persons desiring to sue or
prosecute the same who shall be mentioned in such information or
informations to be the relator or relators, against such person or persons
so usurping, intruding into or unlawfully holding and executing any
such office or franchise, and to proceed therein in such manner as is
usual in cases of informations in the nature of a quo warranto; and if
it shall appear to the said supreme court that the several rights of divers
persons to the same office or franchise may properly be determined on
one information, it shall and may be lawful for the said supreme court
to give leave to exhibit one such information against several persons in
order to try their respective rights to such office or franchise; and such
person or persons, against whom such information or informations in
the nature of a quo warranto shall be sued or prosecuted, shall appear
and plead as of the same term in which the said information or informa-
tions shall be filed, unless the said supreme court shall give further time
to such person or persons against whom such information or informa-
tions shall be exhibited, to plead; and such person or persons who shall
sue or prosecute such information or informations in the nature of a
quo warranto shall proceed thereupon with the most convenient speed
that may be; any law or usage to the contrary there9f notwithstanding,
.fudstment And be it further enacted by the authority aforesaid^ That in case any
wanran?o^ person or persons against whom any information or informations in the
sustained, nature of a quo warranto shall in any of the said cases be exjiibited in
the said supreme court, shall be found or adjudged guilty of an usurpa-
tion or intrusion into, or unlawfully holding and executing any of the
said offices or franchises, it shall and may be lawful to and for the said
supreme court, as well to give judgment of ouster against such person
or persons of and from any of the said offices or franchises, as to fine
such person or persons respectively, for his or their usurping, intruding
into or unlawfully holding and executing any such office or franchise;
and also to give judgment that the relator or relators in such informa-
tion named, shall recover his or their costs of such prosecution ; and if
judgment shall be given for the defendant or defendants in such infor-
mation, he or they for whom such judgment shall be given, shall recover
his or their costs therein expended against such relator or relators ; such
costs to be levied in manner aforesaid.
Defendant And be it further enacted by the authority aforesaid y That it shall
i^imi^Vme ^"^ "^^y ^^ lawful to and for the said supreme court to allow to such
to plead, person or persons respectively, to whom any writ of mandamus shall be
directed, or against whom any information in the nature of a quo war-
ranto, in any of the cases aforesaid, shall be sued or prosecuted, or to
the person or persons who shall sue or prosecute the same, such con-
venient time respectively to make a return, plead, reply, rejoin or demur,
as to the said supreme court shall seem just and reasonable ; any thinju
.herein contained to the contrary thereof in any wise notwithstanding.
Chap. 12. J ELEVENTH SESSION. 617
CHAP. 12.
AN ACT concerning ideots, lunaticks, and infant-trustees.
Passed the 6th of February. 1788.
Be it enacted by the People of the State of New- York represented in Court of
Senate and Assembly and it is hereby enacted by the authority of the same^ to have'^
That the chancellor for the time being shall have the care and provide custody of
for the safe-keeping of all ideots and their lands and tenements, goods ^***^'®*
and chattels, and that they may live and be competently maintained by
and out of their goods and chattels, and the profits of their lands and
tenements respectively; and that no waste or destruction of their lands
or tenements be done or permitted, and such lands and tenements shall
in no wise be aliened, but shall, upon the death of such ideot, descend
and go to his heirs, and the residue of the said goods, chattels and
profits, if there be any, shall go to and be distributed according to law,
among the next of kin of such ideot.
And be it further enacted by the authority aforesaid. That the chan- Id., luna-
cellor for the time being, shall have the care and provide for the safe- ^*^®*
keeping of all lunaticks, and of their lands and tenements and goods and
chattels ; and that they and their houshold, if they have any, may live
and be competently maintained by and out of their goods and chattels
and the profits of their lands and tenements respectively, and that no
waste or destruction of their lands or tenements be done or permitted
and such lands and tenements shall in no wise be aliened, but shall,
together with the residue, of the goods, chattels and profits, if there be
any, be restored to such lunatick if he comes to his right mind; and if
he dies in his lunacy, his lands and tenements shall descend and go to
his heirs and the residue of the said goods, chattels and profits shall go
to and be distributed according to law, among the next of kin of such
lunatick.
And whereas many inconveniences do and may arise, by reason that
persons under the age of twenty one years, having estates in lands, tene-
ments or hereditaments, only in trust for others, or by way of mortgage,
cannot (tho' by the direction of the cestuy que trust or mortgagor) con-
vey any sure estate in any such lands, tenements or hereditaments to
any other person or persons ; for remedy whereof
Be it further enacted by the authority aforesaid^ That it shall and may Coovey-
be lawful to and for any such person under the age of twenty one years, JSST^te
by the direction of the court of chancery, signified by an order made by lufaota.
upon hearing all parties concerned, on the petition of the person
or persons for whom such infant or infants shall be seised or pos-
sessed in trust, or of the mortgagor or mortgagors or guardian or
guardians of such infant or infants, or person or persons entitled to the
monies secured by or upon any lands, tenements or hereditaments,
whereof any infant or infants are or shall be seised or possessed by way
of mortgage or of the person or persons entitled to the redemption
thereof, to convey and assure any such lands, tenements or heredita-
ments, in such manner as the said court of chancery shall, by such order,
so to be obtained, direct, to any other person *or persons; and such con-
veyance or assurance so to be had and made as aforesaid, shall be as
good and effectual in law, to all intents and purposes whatsoever, as if
the said infant or infants were, at the time of making such conveyance
Vol. 2.-78
618
LAWS OF NEW YORK.
[Chap. 14.
or assurance, of the full age of twenty one years; any law, usage, or
custom to the contrary notwithstanding.
Infant And be it further enacted by the authority aforesaid^ That all and every
iua>a»e such infant and infants, being only trustee or trustees, mortgagee or
to ooifvejf "mortgagees as aforesaid, shall and may be compelled, by such order so
as aforesaid to be obtained, to make such conveyance or conveyances,
assurance or assurances as aforesaid, in like manner as trustees or mort-
gagees of full age are compellable to convey or assign their trust-estates
or mortgages.
Acre de-
fined.
CHAP. 13.
AN ACT for ascertaining the measure of land.
Passed the 7th of February. 1788.
Be it enacted by the People of the State of New York represented in
Senate and Assembly and it is hereby enacted by the authority of the samty
That an acre of land shall contain one hundred and sixty square perches
or rods; each perch or rod being in length five yards, and one half of
one yard; and each yard three feet, and each foot twelve inches; so
that when an acre of land shall be sixteen rods in length, it shall be ten
rods in breadth.
CHAP. 14.
Preamble.
Two jus-
tices may
compel
father or
mother to
support
bastard
child.
AN ACT for the relief of cities and towns from such charges as
may arise from bastard children born within the same.
Passed the 7th of February, I7J?8.
Whereas bastards or cTiildren begotten and born out of lawful mat-
rimony are often left to be kept and provided for at the charge of the
respective cities or towns in which the same are so born, to the great
burden of the same cities or towns; for remedy whereof,
Be it enacted by the People of the State of New York represented in
Senate and Assembly and it is hereby enacted by the authority of the sann.
That any two justices of the peace of any city or of any county, one
whereof residing in or near the town within which such bastard shaJl be
born, upon examination of the cause and circumstance, shall and may
by their discretion take order for the better relief of every such city or
town, in part or in all, and shall and may likewise by like discretion take
order for the keeping of every such bastard child by charging such
mother or reputed father with the payment of money weekly, or other
sustentation, for the relief of such child, in such wise as they shall think
meet and convenient; and if after the same order by them subscribed
under their hands, the mother or reputed father, upon notice thereof,
shall not for his or her part observe and perform the said order, that
then every such party so making default, in not performing the said
order, shall be committed to the house of correction or (for want thereof,)
to the common goal of such city or county, there to remain without bail
or mainprise, except he or she shall put in sufficient surety to perform
the said order, or else personally to appear at the next general sessions
Chap. 14.] ELEVENTIh SESSION. 619
of the peace, to be holden in and for the city or county, where such
order shall be taken; and also to abide such order as the said justices
of the peace or the major part of them, in their said sessions, shall take
in that behalf (if they then and there shall take any); and that if at the
said sessions the said justices shall take no other order, then to abide
and perform the order before made as aforesaid.
And be it further enacted by the authority aforesaid^ That if any woman Prooeed-
shall be delivered of a bastard child, which shall be chargeable or likely {i"e^rt*/,i„e
to become chargeable to any city or town, or shall declare herself to be p*^^'',?^^^
with child, and that such child is likely to be born a bastard and to be '^'^
chargeable to any city or town, and shall in either of such cases, in an
examination to be taken in writing, upon oath, before any one or more
i istice or justices of the peace of any city or of any county, wherein
such town shall lie, charge any person with having gotten her with child,
it shall and may be lawful to and for such justice or justices, upon appli-
cation made to him or them, by the overseers of the poor of such city
or town or persons acting as such or by any one of them, to issue out
his or their warrant or warrants for the immediate apprehending such
person so charged as aforesaid and for bringing him before such justice
or justices, or before any other of the justices of the peace of such city
or county; and the justice or justices before whom such person shall be
brought is and are hereby authorized and required to commit the per-
son so charged as aforesaid, to the house of correction or common goal
of such city or county, unless he shall give security to indemnify such
city or town, or shall enter into a recognizance with sufficient surety
with condition to appear at the next general sessions of the peace to be
holden for such city or county and to abide or perform such order or
orders as shall be made in pursuance of this act. Provided nevertheless^
And be it further enacted by the authority aforesaid^ That if the woman Death of
so charging any person as aforesaid, shall happen to die or be married ^alriaSe
before she shall be delivered, or if she shall miscarry of such child, or of mother
shall appear not to have been with child at the time of her examination, p<IlJi**e^d
then and any of the said cases such person shall, at the next general ses- »"«*•
sions of the peace, to be holden for such city or county, be discharged
from his recognizance or immediately released out of custody by war-
rant under the hand and seal or hands and seals of any one or more
justice or justices of the peace of such city or of any one or more jus-
tice or justices of such county, residing in or near such town. Provided
cUso^
And be it further enacted by the authority aforesaid^ That upon appli- Proceed-
cation made by any person who shall be committed to any house of rej^J^per
correction or goal by virtue of this act or by any person in his behalf to »«" com-
^ - ^' . ^- r u •/ i. mltted to
any one or more justice or justices of such city or to any one or more jaiiaa
justice or justices of such county, residing in or near such town, such f^^^erJ*
justice or justices is and are hereby authorized and required to summon
the overseer or overseers of the poor of the city or town to appear before
him or them, at a time and place to be mentioned in such summons to
shew cause why such person should not be discharged ; and if no order
shall appear to have been made in pursuance of this act, within six
weeks after such woman shall have been delivered, such justice or jus-
tices shall and may discharge him from his imprisonment in such house
of correction or goal to which he shall have been committed. Provided
always^
And be it further enacted by the authority aforesaid^ That it shall not Woman
be lawful for any justice or justices of the peace to send for any woman SeUed to
whatsoever in order to her being examined concerning her pregnancy or K «am-
620
Ined in
one moDth
after
dellveiy.
LAWS OF NlfeW YORK.
[Chap. 15.
Overseers
II I av attach
and sell
property of
putative
rather or
mother,
who have
fled.
Suits for
things
done in
execution
of this act.
Town,
what to
compre-
hend.
supposed pregnancy until one month after she shall be delivered or to
compel any woman before she shall be delivered to answer to any ques-
tion relating to her pregnancy.
And whereas the putative fathers and lewd mothers of bastard chil-
dren often run away out of the city or town and sometimes out of the
county and leave the said bastard children upon the charge of the city
or town where they are born, although such putative father or mother;
have estate sufficient to discharge such city or town ; Therefore I
Be it further enacted by the authority aforesaid y 'XYxdiX. it snail and may
be lawful for the overseers of the poor of such city or town, where any
bastard child shall be born, to apply to any two justices of the peace of
the city or county where the estate real or personal or any part thereot
of such putative father or lewd mother may be. and by warrant under
the hands and seals of the said two justices (who are hereby authorized
and required to issue the same) to seize and take the goods and chat-
ties and to let out and receive the annual rents and profits of the lands
and tenements of such putative father or lewd mother, so absconding as
aforesaid, for and towards the bringing up and providing for such bas-
tard child so left as aforesaid; and so soon as the said seizure shall be
allowed of and confirmed by the justices in their general sessions of the
peace, it shall and may be lawful for the overseers of the poor of the
city, town or place, or any two of them, from time to time, and as often
as the case may require, to sell and dispose of so much and so many of
the said goods and chattels at public vendue, to the highest bidder and
to receive the said rents and profits, or so much thereof as shall be
ordered by the said sessions and to apply the money arising thereby
towards the bringing up and providing for such bastard child so left as
aforesaid. And further that the said overseers of the poor shall be
accountable to the justices of the peace in their said general sessions,
for all such monies as shall or may arise by every such sale or sales, or
to be received, by them for the rents and profits of such lands or tene-
ments.
And be it further enacted by the authority aforesaid^ That if any person
or persons shall be sued for any matter or thing which he or they shall
do in execution of this act, he or they may plead the general issue and
give the special matter in evidence; and if a verdict shall pass for the
defendant or defendants, or if the plaintiff shall be non-suited or dis-
continue his suit, the defendant or defendants shall recover treble costs;
and shall have the like remedy for the same as any defendant hath in
other cases by law.
And be it further enacted by tJie authority aforesaid^ That the term
town made use of in this act, shall be descriptive of, equivalent to and
be understood to comprehend, borough, township, town, manori parish,
district, precinct and place, respectively.
CHAP. 15.
AN ACT concerning apprentices and servants.
Passed* the 6th of Fcbruaiy, 178S.
bya^pren- Be it enacted by the People of the State of New York represented in
p^craft i2 Senate and Assembly, and it is hereby enacted by the authority of the same,
same town That no master or mistress or other person or persons shall, after the
nii^Si?** passing of this act, compel or cause any apprentice or journeyman, by
Chap. 15.] ELEVENTH SESSION. 621
oath or bond, heretofore made or hereafter to be made, or otherwise,
that he or she, after his or her apprenticeship or term expired, shall not
set up keep or occupy any shop, house, or cellar, and therein use or
exercise such his or her said art, craft, mystery, profession, trade,
employment or manual occupation, nor by any means exact or take, of
any such apprentice or any journeyman, nor any other, setting up,
occupying, using or exercising for him or themselves, nor of any other
persons for them, after his or their said years or term expired, any sum
of money or other thing whatsoever, for using or exercising the same,
upon pain to forfeit, for every time that they or any of them shall offend
contrary to this act, the sum of forty pounds ; the one half thereof to
the people of this State and the other half to such person or persons
as will sue for the same; to be recovered with costs of suit by action of
debt, bill, plaint or information, in any court of record having cogni-
zance thereof; and that all and every bond or other security given or
entered into, contrary to the true intent and meaning of this act shall be
void.
And whereas doubts have arisen whether any person within the age
of twenty one years and bounden to serve, as a clerk, apprentice, or ser-
vant, shall be holden, accepted and taken as a clerk apprentice or ser*
vant ; for removing such doubts. Be it further enacted by the authority Apprentioe
aforesaid^ That all and every such person or persons, that at any time Ij^ree^^ent
or times hereafter shall be bounden by indenture, of his or her own free to serve,
will and accord and by and with the consent of his or her father, or in minor.*^ *
case of the death of his or her father, by and with the consent of his or
her mother, or guardian, to be expressed in such indenture, and signified
by such parent or guardian sealing and signing the same indenture, and
not otherwise, or by the justices and overseers of the poor, as is herein
after directed and prescribed, to serve as a clerk, apprentice or servant
in any art, craft, mystery, science, profession, trade, employment, manual
occupation orjlabour, in manner and form aforesaid, until he or she shall
be of the age of twenty one years, or for any shorter time, although the
same clerk, apprentice or servant shall be within the age of twenty one
years, at the time of making of his or her indenture, shall be bounden to
serve for tjie years or term in his or her indentures contained, as amply
and largely, to every intent, as if the same clerk, apprentice or servant
was of full age, at the time of making such indenture ; any law, usage
or custom to the contrary notwithstanding ; provided always that any
child of any Indian woman shall not be so bound or indented as afore-
said, except in the presence & with the consent of a justice of the peace,
a certificate of such consent being also signed by the justice & filed
with the clerk of the town or place in which such indenture shall be
executed.
And be it further enacted by tJie authority aforesaid^ That it shall Binding
and may be lawful for the overseers of the poor of any city or town JJiifidfen
within this State, by and with the consent of the justices of the peace of »'yover.
the same county or any two of them, residing in or near such town or the'poor.
in the cities of New York, Albany and Hudson, by and with the con-
sent of the mayor, recorder and aldermen or any two of them, to bind
out any child who is or shall be chargeable or whose parents are or
shall become chargeable to the city or town wherein they respectively
inhabit, or who shall beg for alms, to be apprentices or servants, accord-
ing to their degree and ability, where they shall see convenient, till
such child or children, if male, shall respectively arrive or come to the
age of twenty one years, and if female to the age of eighteen years; and
that the indentures or articles of agreement, for binding any such infant,
622 LAWS OF NEW YORK. [Chap. 15.
shall be as effectual to all intents and purposes as if such infant were of
full age and by indenture of covenant bound him or herself.
Proceed- And be it further enacted by the authority aforesaid^ That if any person,
Lp^rellttce ^ho shall bind him or herself, by and with the consent of his or her
or servant parent or other guardian, as aforesaid, or who shall be bound by the
serve!* ^ Overseers of the poor and justices or mayor or recorder and aldermen or
any two of them, as aforesaid to serve, as an apprentice or servant in
the manner in this act above directed and prescribed, shall refuse so to
do, that then, upon complaint of the master or mistress, to whom such
apprentice or servant is or shall be bound as aforesaid, to one justice of
the peace of the county wherein the said refusal is or shall be made, or
to the mayor or recorder or any one of the aldermen of any city, if any
such refusal shall be there, they and each of them shall have full power
and authority by this act, by warrant under hand and seal, or otherwise,
to send for the same person so refusing; and the said justice or the
said mayor or recorder or alderman respectively, shall have power and
authority, by virtue of this act, if the said person refuse to serve, as an
apprentice or servant, to commit him or her unto ward in the bridewell
or house of correction if any there be, or if there be no bridewell or
house of correction, in the gaol of the city or county wherein such
refusal shall take place, there to remain until he or she be contented
and will serve as an apprentice or servant should serve, according to
the true intent and meaning of this act.
Ape of In And to the end that the time of the continuance of the service of such
to°be^n"°*^ apprentice or servant may the more plainly and certainly appear, the
serted In age of every such infant so to be bound apprentice or servant, shall be
ure. j„g^^jQ^g(i and inserted in his or her indentures; and where the binding
is by the overseers of the poor, by and with the consent of two justices
of the peace, or mayor, recorder and aldermen as aforesaid, the same
justices of the peace or mayors, recorders and aldermen shall, as fully
as they can, inform themselves of such infant's age, and from such
information shall insert the same in the said indentures; and the age of
such infant so inserted and mentioned in the said indentures (in relation
to the continuance of his or her service) shall be taken to be his or her
true age, without any further proof thereof.
Money con- And be it further enacted by the authority aforesaid^ That all and every
lo^beYn-" ^"™ ^"^ sums of money which shall be given, paid, contracted or agreed
serted in for, with or in relation to every clerk or apprentice, which shall, after
Indenture. ^^^ passing of this act, be put or placed to or with any master or mis-
tress, to learn any art, craft, mystery, science, profession, trade, employ-
ment or manual occupation, shall be inserted in the indentures so to
be executed by such clerk or apprentice as aforesaid.
Indenture And be it further enacted by the authority aforesaid^ That all inden-
formhigto tures, covenants, promises and bargains, of or for the having taking or
ihia act to keeping of any clerk or apprentice hereafter to be made or taken, other-
aSaiSst wise than is by this act limited, ordained and appointed, shall be clearly
' or servant ^^^^ ^" ^^"^ ^^ ^ intents and purposes as against such clerk or appren-
tice only.
Aurreement And be it further enacted by the authority aforesaid That no deed,
becaui*^*** contract, agreement or writing, whatsoever made or to be made for
jot ir^ bindmg any person as a clerk, apprentice or servant as aforesaid, after
*° the passing of this act, shall be deemed or adjudged to be void and of
no effect by reason or on account of such deed, contract, agreement, or
writing not being indented only.
And wherecLS the emigration of poor persons from Europe hath con-
duced greatly to the settlement of this State, while a colony; and
Chap. 15.] ELEVENTH SESSION. 623
whereas doubts have arisen tending to the discouragement of further
importation of such poor persons ; therefore be it further enacted by the Contnicts
authority aforesaid^ That every contract already made or hereafter to be bylmmt-
made by any infant or other person, coming from beyond sea, executed Krani«
in the presence of two witnesses and acknowledged by the servant,
before any mayor, recorder, alderman or justice of the peace, shall bind
the party entering into the same, for such term and for such services as
shall be therein specified: And that every assignment of the same, exe-
cuted before two credible suscribing witnesses, shall be effectual to trans-
fer the same contract for the residue of the term therein mentioned.
But that no contract shall bind any infant longer than until his or her
arrival to the full age of twenty one years; excepting such as are or
shall be bound in order to raise money for the payment of their pas-
sages, who may be bound until the age of twenty four years, provided
the term of such service shall not exceed four years in the whole.
And be it further enacted by the authority aforesaid^ That if any mas- Misusaire
ter or mistress shall be guilty of any misusage, refusal of necessary pro- ^*' ™***'®'"'
visions, or cloathing, cruelty or other ill treatment, so that his or her
said clerk, apprentice, or servant shall have any just cause to complain
or the said clerk, apprentice or servant be guilty of any misdemeanor,
miscarriage or ill behaviour, or do not his or her duty to his or her
master or mistress, then the said master or mistress, or the said clerk
apprentice or servant, being aggrieved and having just cause of com
plaint, shall repair unto one justice of the peace within the county or to
the mayor or recorder or any one of the aldermen of the city where th<
said master or mistress dwelleth, who shall by his wisdom and discre
tion, take such order and direction between the said master or mistress
and his or her clerk, apprentice or servant, as the equity of the cause
shall require; and if for want of a good conformity in the said mastei
or mistress, or clerk, apprentice or servant, the said justice of the peace,
or mayor, recorder or alderman, cannot compound or agree the matter
between such master or mistress, and his or her clerk, apprentice or
servant, then the said justice or the said mayor, or recorder, or alder-
man, shall take a recognizance of the said master or mistress, in such
sum as he shall think proper, to appear at the next general sessions of
the peace, then to be holden in the said county or city, where the said
master or mistress doth reside, and upon his or her appearance and
hearing of the matter before the justices, at the said general sessions of
the peace, if it be thought meet unto them, to discharge the said clerk,
apprentice or servant of liis or her clerkship, apprenticeship or service,
that then the said justices or three of them at the least, shall have power,
by virtue of this act, by rule or order of the said court, to discharge the
said clerk, apprentice or servant of his or her clerkship, apprenticeship
or service, and to order all such part of such sum and sums of money,
as shall have been given, paid, contracted or agreed, for, with or in rela-
tion to every such clerk, apprentice or servant, as they shall judge meet
and proper, to be refunded and paid back, to the person or persons
who paid the same, his or her executors or administrators: And that
such order so entered in the minutes of the said court shall be a suffic-
ient discharge for the said clerk, apprentice or servant against his or
her master or mistress and his or her executors and administrators, the
said indenture or any law or custom to the contrary notwithstanding.
And if the default shall be found to be in the clerk, apprentice or ser-
vant, then the said justices shall cause such due correction and punish-
ment to be administered unto him or her, as by their wisdom and dis-
cretion shall be thought meet.
624 LAWS OF NEW YORK. [Chap. 15.
And whereas in some cases, as well by reason of the distance of the
place of residence of the said masters or mistresses, from the places
where the respective courts of general sessions of the peace are holden,
as for other causes, it is very inconvenient that the final decision of dif-
ferences between masters and mistresses and their apprentices or ser-
vants, should be deferred till the setting of the next general sessions of
the peace for the city or county, wherein such master or mistress reside:
Bffferenoefl For remedy whereof, be it further enacted by the authority aforesaid,
iMMterand That it shall and may be lawful, to and for any three or more justices in
howaSt!^ any county or for the mayor recorder and aldermen, or any three or more
tied- of them, upon any complaint or application, by any apprentice or servant,
upon whose binding out no sum of money was paid, touching or concern-
ing any misusage refusal of necessary provision or cloathing cruelty or
other ill treatment, of or towards such apprentice or servant, by his or her
master or mistress, by precept under their hands and seals, to summon
such master or mistress to appear before such justices, or such mayor,
recorder and aldermen, or any two or more of them, at a reasonable
time and place to be named in such summons; and such justices, mayor,
recorder and aldermen, shall and may examine into the matter of such
complaint; and upon proof thereof made upon oath, to their satisfac-
tion; (whether the master or mistress be present or not, if service of the
summons be also upon oath proved), the said justices, or mayor,
recorder and aldermen may discharge such apprentice or servant, by
warrant, or certificate under their hands and seals; for which warrant
or certificate no fee shall be paid.
Offendlnpr And be it further enacted by the authority aforesaid That it shall and
raay bS"^* may be lawful to and for such justices, or mayor, recorder and alder-
committed men, or any two or more of them, upon application or complaint made,
upon oath, by any master or mistress, against any such apprentice or
servant, touching or concerning any misdemeanor, miscarriage, or ill
behaviour, in such his or her service, to hear, examine and determine
the same, and to punish the offender, by commitment to the house of
correction (if any there be) or to the common gaol of the county or city,
there to remain and be corrected and held to hard labor for a reasonable
time, not exceeding one kalender month, or otherwise by discharging
sucn apprentice or servant, in manner and form before mentioned.
And whereas^ many persons are taken as apprentices or servants,
when they are very young, and for several years of their apprentice-
ships or service, are rather a burthen, than otherwise, to their masters
or mistresses: And whereas it frequently happens that such apprentices
or servants, when they might be expected to be useful to their masters
or mistresses, absent themselves from their service: And whereas the
laws in being are not sufficient to prevent these inconveniences : For
Apprentice remedy whereof: Be it further enacted by the authority aforesaid^ That
to make*** ^'"^^ ^^^ ^^^^^ ^^^ passing of this act, if any apprentice or servant
uptime shall absent him or herself, from his or her masters or mistress's service,
absence before the term of his or her apprenticeship or service shall be expired,
fne^at^fuir ^^^^X ^uch apprentice or servant shall, at any time or times thereafter,
age. whenever he or she shall be found, be compelled to serve his or her said
master or mistress, for double the time he or she shall have so absented
him or hereself from such service, unless he or she shall make satisfac-
tion to his or her master or mistress for the loss he or she shall have
sustained by such absence from his or her service; and so from time to
time, as often as any such apprentice or servant, shall, without leave of
his or her master or mistress, absent himself or herself from his or her
service, before the term of his or her contract shall be fullfiUed.
Chap. i6.] ELEVENTH SESSION. 625
Provided always and be it further enacted by the authority aforesaid^
That nothing in this clause of this act shall extend to any apprentice,
whose master or mistress shall have received with such apprentice any
sum or sums of money to learn such art, craft, mystery, profession, trade
or employment. And also that no apprentice or servant shall be com-
pelled to serve for any time or term or to make any satisfaction to any
master or mistress, after the expiration of three years, next after the end
of the term for which such apprentice or servant, shall have contracted
to serve; any thing herein contained to the contrary notwithstanding.
Provided also and be it further enacted by the authority aforesaid^ Appeals
That if any person or persons shall think himself, herself or themselves, m?nation'^
aggrieved, by such determination, order or warrant of such justice or of justice,
justices, mayor or recorder and aldermen as aforesaid, (except an order
of commitment) he, she or they may appeal to the next general sessions
of the peace, to be holden in and for the county, city or place where
such determination or order shall be made ; such person or persons
giving six days notice of his, her or their intention of bringing such
appeal and of the cause and matter thereof, to such justice or justices
of the peace, mayor, recorder or aldermen and the parties concerned,
and. entering into a recognizance, within three days after such notice,
before some justice of the peace or the mayor, or recorder or one of the
aldermen for such county, city or place, with sufficient surety, con-
ditioned to try such appeal at, and abide the order or judgment of, and
pay such costs as shall be awarded by, the justices at such general ses-
sions: Which said justices at their said sessions, upon due proof, upon
. oath, of such notice being given and of entering into such recognizances
as aforesaid, shall and are hereby empowered and directed to proceed
in and hear and finally determine the causes and matters of all such
appeals and to give and award such costs to any of the respective parties,
appellant or respondent, as they in their discretion shall judge proper
and reasonable, not exceeding four pounds ; the same to be levied by
distress and sale of the goods and chattels of such person or persons,
against whom such determinations shall be made, and that their judg-
ments and orders theirin shall be final and conclusive to all parties con-
cerned.
Provided also and be it further enacted by the autJwrity aforesaid^ That Certiorari
no writ of certiorari or other process shall issue or be issukble to remove coSrt'mJt^
into the supreme court any proceedings whatsoever had in pursuance of ^^^ffH®^
this act, before any justice or justices of the peace, mayor or recorder, u"entby ^
or alderman, or any of them, or before any court of general sessions of f|^®ons.
the peace, until after determination and final judgment therein had by,
or in such court of general sessions of the peace.
CHAP. 16.
AN ACT against buying and selling of offices.
Passed the 7th of February, 1788.
For the avoiding of corruption in officers and to the intent that per-
sons worthy and meet to be advanced to places where justice is to be
administered, or any service of trust executed and no other should here-
after be preferred to the same ; Be it enacted by the People of the State Penalty for
of New York represented in Senate 6- Assembly and it is hereby enacted^^^^^"^
by the authority of the same^ That if any person or persons, at any time offices.
Vol, 2. — 79
626 LAWS OF NEW YORK. [Chap i6.
hereafter bargain or sell any office or offices, or deputation of any office
or offices,*or any part or parcel of any of them, or receive, have or take any
money, fee, reward or any other profit directly or indirectly or take any
promise, agreement, covenant, bond or any assurance, to receive or have,
any money, fee or reward or other profit directly or indirectly for any
office or offices or for the deputation of any office or offices, or any part
of them, or to the intent that any person should have, exercise or enjoy
any office or offices, or the deputation of any office or offices or any part
of any of them, then all and every such person and persons who shall so
bargain or sell any such office or offices, deputation or deputations, or
who shall take any money, fee, reward or profit for any such office or
offices, deputation or deputations of any such office or offices, or any
part of any of them, or who shall take any promise, agreement, cove-
nant, bond or assurance for any money, fee, reward or profit to be given
for any such office or offices, deputation or deputations, of any such
office or offices, or any part of any of them, shall not only lose and for-
feit all his and their right and estate which such person or persons shall
then have of, in or to such office or offices, deputation or deputations,
or any part of any of them, or of in or to the gift or nomination of such
office or offices, deputation or deputations, for the which office or offices,
or for the deputation or deputations of which office or offices, or for any
part of any of them, any such person or persons shall so make any such
bargain or sale, or take or receive any sum of money, fee, reward or
profit or any promise, agreement, covenant, bond or assurance to have
or receive any money, fee, reward or profit: But also all and every such
person or persons who shall give or pay any sum of money, reward or
fee, or shall make any promise, agreement, covenant, bond or assurance
for any such office or offices or for the deputation or deputations of any
such office or offices or any part of any of them shall immediately, by
and upon the same fee money or reward given or paid, or upon any
such promise, agreement, covenant, bond or assurance had or made for
any fee, sum of money or reward to be paid or given as aforesaid be
adjudged a disabled person in the law to all intents and purposes, to
have, exercise and enjoy the said office or offices, deputation or deputa-
tions, or any part of any of them, for the which such person or person
shall so give or pay any sum of money, fee or reward or make any
promise agreement covenant bond or other assurance to give or pay any
sum of money fee or reward. And further that all and every such bar-
gains, sales, promises, agreements, covenants, bonds, and assurances as
be before specified shall be void to and against him and them by whom
any such bargain, sale, promise, agreement, covenant, bond or assurance
shall be had or made.
Official Prmnded ahvays and be it further enacted by the authority aforesaid^
perlon That if any person or persons do offend in any thing contrary to the
convicted tenor and effect of this statute, yet notwithstanding all judgments given,
and all other act and acts executed or done by any such person or per-
sons so offending by authority or colour of the office or deputation which
ought to be forfeited or not occupied or not enjoyed by the person so
offending as aforesaid, after the said offence so by such person committed
or done and before, such person so offending for the same offence be
removed from the exercise, administration and occupation of the said
office or deputation, shall be and remain good and sufficient in law, to
all intents, constructions and purposes in such like manner and form as
the same should or ought to have remained and been, if this statute bad
not been made.
not affected
Chap. 17.J ELEVENTH SESSION. 627
CHAP. 17.
AN ACT for preventing and punishing perjur>' and subornation
of perjury and for compelling the attendance of witnesses.
Passed the 7th of February, 1788.
Be it enacted by the People of the State of Neuf York^ represented in Suborna^
Senate and Assembly and it is hereby enacted by the authority of the samcy perjui^.
That all and every person and persons who shall unlawfully and cor- penalty for
ruptly procure or suborn any witness or witnesses, by letters, rewards,
promises, menaces, threats, or by any other sinister or unlawful labour
or means whatsoever, to commit any wilful and corrupt purjury, in any
matter or cause whatsoever, now depending, or which hereafter shall
depend, in suit and variance, by any writ, action, bill, complaint, infor-
mation or indictment, in any wise touching or concerning any lands,
tenements or Hereditaments, or any goods, chattels, debt, damages or
offence, in the court of chancery, or in the court of admiralty, or in the
court oif probates, or in any court of record, or before any justice o^ the
peace, mayor, recorder, or alderman, or shall unlawfully and corruptly
procure or suborn any witness or witnesses who shall be sworn to testify
in perpetuam rei memoriam, that then every such offender shall for his
or her said offence, being thereof lawfully convicted or attainted, lose
and forfeit the sum of one hundred pounds. And if any such offender
being so convicted or attainted as aforesaid, shall not have any goods
or chattels, lands or tenements to the value of one hundred pounds, that
then every such person so being convicted or attainted of any of the
offences aforesaid, shall, for his said offence, suffer imprisonment for the
space of six months, without bail or mainprize, and shall stand upon the
pillory the space of one whole h6ur in some town or public place in the
county or city where the offence was committed. And further, that no
person being so convicted or attainted shall thenceforth be leceived as
a witness to depose or be sworn in any matter or. cause whatsoever, until
the judgment given against him or her shall be reversed, by attaint or
otherwise.
And be it further enacted by the authority aforesaid^ That if any person, Perjury,
either by the subornation, unlawful procurement, sinister persuasion, or p®^**'^'^
means, of any other or by his or her own act, consent or agreement,
wilfully and corruptly commit any manner of wilful perjury, by his or
her deposition in any of the courts aforesaid, or before any person or
persons having competent authority to take the same and administer
such oath, or on being examined in perpetuam rei memoriam, then he
or she so offending and being thereof duly convicted or attainted, shall,
for his or her said offence, lose and forfeit one hundred pounds and be
imprisoned six months without bail or mainprise. And such person so Perjurer
offending from thenceforth shall not be received as a witness to depose M^tn^Su
or be sworn in any matter or cause whatsoever, until the judgment given
against him or her shall be reversed by attaint or otherwise. And fur-
tJur^ if any such offender being so convicted or attainted as aforesaid,
shall not have any goods or chattels, lands or tenements to the value ot*
one hundred pounds, that then every such offender so being convicted
or attainted shall be set on the pillory for the space of one hour in some
town or public place in the same county or city where the said ofifence
shall be committed.
628
LAWS OF NEW YORK.
[Chap. 17.
Forfeiture,
ooe moiety
to proee-
cutor.
What to be
set forth in
Indictment
Id
Court to
direct
projieru-
tlona for
perjury.
Penalty for
default by
witnesses.
And he it further enacted by the authority aforesaidy That one moiety
of the said forfeiture shall be to the use of the people of this State and
the other moiety to such person or persons as shall be grieved, hindered
or molested by reason of any the offence or offences aforesaid, who will
sue for the same, by action of debt, bill, plaint or information in any
court of record.
And be it further enacted by the authority aforesaid^ That in every
information or indictment to be prosecuted against any person for wil-
ful and corrupt perjury, either at the common law, or upon this act, it
shall be sufficient to set forth the substance of the offence charged upon
the defendant and by what court, or before whom, the oath was taken
(averring such court or person or persons to have a competent authority
t6 administer the same) together with the proper averment or averments
to falsify the matter or matters wherein the perjury or perjuries is or are
assigned, without setting forth the bill, answer, information, indictment,
declaration or any part of any record or proceedings, either in law or
equity, other than as aforesaid, and without setting forth the commis-
sion or authority of the court or person or persons, before whom the
perjury was committed; any law, usage or custom to the contrary not-
withstanding.
And be it further enacted by the authority aforesaid^ That in every
information or indictment for subornation of perjury or for corrupt
bargaining or contracting with others to commit wilful and corrupt per-
jury, either at the common law, or upon this act, it shall be sufficient to
set forth the substance of the offence charged upon the defendant, with-
out setting forth the bill, answer, information, indictment, declaration
or any part of any record or proceedings, either in law or equity, and
without setting forth the commission or authority of the court or person
or persons, before whom the perjury was committed, or was agreed or
promised to be committed; any law usage or custom to the contrary
notwithstanding.
And be it further enacted by the authority aforesaid. That it shall and
may be lawful to and for any of the justices of the supreme court, either at
the supreme court or any of the circuit courts or justices assigned to hear
and determine, or justices of goal delivery and they are hereby author-
ized, setting the court, or within twenty four hours after, to direct any
person examined as a witness upon any trial before him or them, to be
prosecuted for the said offence of perjury, in case there shall appear to
him or them a reasonable cause for such prosecution and that it shall
appear to him or them proper so to do, and to assign the party injured
or other person undertaking such prosecution, counsel who shall and are
hereby required to do their duty without any fee, gratuity or reward for
the same, and every such prosecution so directed as aforesaid, shall be
carried on without payment of any fees in court or to any officer of the
court, who might otherwise claim or demand the same, and the clerk or
other proper officers who shall be attending when such prosecution is
directed, shall and is hereby required, without any fee or reward, to
give the party injured or other person undertaking such prosecution, a
certificate of the same being directed, together with the names of the
counsel assigned him by the court; which certificate shall in all cases
be deemed sufficient proof of such prosecution having been directed as
aforesaid: But that no such direction or certificate shall be given in
evidence upon any trial to be had against any person upon a prosecu-
tion so directed as aforesaid.
And be it further enacted by the authority aforesaid^ That if any person
upon whom any process out of any of the courts of record within this
Chap. i8.] ELEVENTH SESSION. 629
State shall be served to testify or depose concerning any cause or mat-
ter depending in any of the same courts and having tendered to him or
her, according to his or her degree or calling, such reasonable sums of
money, for his or her costs and charges, as, having regard to the distance,
of the place, is necessary to be allowed in that behalf, do not appear
according to the tenor of the said process, not having a lawful and rea-
sonable let or impediment to the contrary, then the person making
default shall lose and forfeit, for every such offence, the sum of twenty
pounds and shall yield further recompence to the party grieved accord-
ing to the loss and hindrance which the party who procured the said
process, shall sustain by reason of the non-appearance of such witness;
the said several sums to be recovered by the party so grieved against
the offender by action of debt, bill, plaint, or information in any court,
of record, with costs of suit.
CHAP. 18.
AN ACT for preventing and punishing champerty and mainte-
nance.
Passed the 7th of February, 1788.
Be it enacted by the People of the State of Nnv York represented in Person not
Senate ami Assembly, and it is hereby enacted by the authority of the same, S^J^'^fon
That no officer or any other person shall take upon him any business for share
that is or may be in suit in any court for to have part of the thing in ^'*^®™*"^
plea or demand; and no person upon any such covenant or agreement
shall give up his right to another and if any do, such conveyance cove-
nant and agreement shall be void. And further, that all and every per-
son and persons who shall maintain any plea, suit or matter depending or
hereafter to be depending in any court, for lands, tenements or other
things, for to have part or profit thereof, shall be punised by fine or
imprisonment: But this act shall not prohibit any person to have coun-
sel of pleaders or men learned in the law for his fee or of his parents
and next friends.
And be it further enacted by tJie authority aforesaid. That neither the Court offl-
chancellor, the justices of the supreme court, the president of the senate, purohaw^
senators, officers of the court of chancery, clerks or other officers, judi- "^{J?!^'.
cial or ministerial, or any or either of them, shall take or receive any S in suit. *
land or tenements in fee, by gift, or by purchase, or to farm, or by
champerty, or otherwise, so long as the thing is in plea in any court, nor
shall take any reward thereof, and he who doth the contrary, either by
himself, or by any other, or makes any bargain concerning the same,
shall be punished by fine or imprisonment, as well he that purchaseth,
as he that doth sell.
And it is hereby declared by the authority aforesaid. That all such as Consplra-
confederate or bind themselves by oath, covenant, agreement or other champer-
alliance, that every of them shall aid and bear the other, falsely and i°^**®'
maliciously to indict or cause to be indited any person or persons or
falsely to move or maintain any plea or suit, and such as maliciously
cause children within age to appeal men of felony, whereby they are
imprisoned and grieved, as such as retain men in the country with liv-
eries or fees for to maintain their malicious enterprises, as well the
takers as the givers are properly to be called conspirators. And such
630 LAWS OF NEW YORK. [Chap. i8.
as move pleas and suits or cause ihem to be moved, either by their own
procurement or by others and sue them at their own proper costs, for
to have part of the land or thing in variance, controversy or demand, or
part of the gains, are properly to be called champertors.
Process And be it further enacted by the authority aforesaid^ That whosoever
conspira- ^^^ complain of conspirators, inventors, and maintainors of false quar-
ters, In- rels and the partakers thereof, may cause them to be attached that they
and^naln- be before the people of the State of New York to answer unto the plain-
tainors. tiffs, by a writ out of the chancery in form following; the people of the
State of New York to the sheriff greeting; we command you that if A.
of G. shall make you secure of prosecuting his complaint, then put by
gage and safe pledges C. of D. that he be before us on the third Tues-
day of January next, wheresoever we shall then be, to answer the afore-
said A. of a plea of conspiracy and trespass, according to our ordinance
thereof lately provided, as the same A. can reasonably shew that he
ought to answer unto him thereof; and have you there the names of the
pledges and this writ. And further that if any person shall prosecute
by bill without writ, the court shall do right to the plaintiff without delay.
Penalty And be it further enacted by t/ie authority aforesaid^ That no person
talking"' whosoever great or small, either by himself or by any other, by sending
quarrels, letters or otherwise, shall take upon him to maintain quarrels other,
than his own, nor parties in the country or elswhere, to the let and
disturbance of law upon pain of being punished by fine or imprison-
ment, and to lose his ofBce if he be an officer.
Actions for And be it further enacted by the authority aforesaid, That every citizen
illdict^"^ of this State, who shall maliciously be indicted or appealed, of or for
mentor any treason, felony or trespass, by any indictment or appeal before the
tippe . justices of the supreme court, or before justices assigned to hear and
determine, or before justices of the peace, or before any other having
power to take such indictments or appeals, and who shall be then dwell-
mg in any other county than where such indictment or appeal shall be
taken, and who shall afterwards be duly acquitted thereof by verdict,
shall after such acquittal have a writ and action upon his case against
every procurer of such indictment or appeal, and like process shall be
upon and in the same writ, as in a writ of trespass done with force and
arms, and if such procurer be convicted in this behalf the plaintiff shall
recover his treble damages.
Penaltr And be it furtJier enacted by the authority aforesaid, That if any per-
fous'appeai ^on or persons through malice, intending to grieve another, do procure
of murder false appeals to be made of murder or other felony, when the party
felony!' appealed doth acquit himself, in any court having cognizance thereof,
in due manner, either at the suit of the appellor or at the suit of the
people of this State, the justices, before whom the appeal shall be heard
and determined, shall punish the appellor by fine or imprisonment and
the appellor shall also restore to the party appealed, his or her damages
according to the discretion of the justices, having respect to the impris-
onment or arrestment that the party appealed hath sustained by reason
of such appeal, and to the infamy he or she hath incurred by the impris-
onment or otherwise. And if such appellor be not able to recompence
the damages, it shall be inquired by whose abetment or malice the appeal
was commenced, if the party appealed desire it, and if it be found by
the same inquest, that any person is abettor through malice, he shall be
distrained by a judicial writ at the suit of the party appealed to come
before the justices, and if he be lawfully convicted of such malicious
abetment, he shall be punished by fine or imprisonment and restitution
of the damages as above is said, of the appellor.
Chap. i8.] ELEVENTH SESSION. . 631
And whereas many persons having right and true title, as well to lands,
tenements and rents, as to recover in personal actions, be wrongfully
prevented or delayed of their right and action by means that the occu-
piers or defendants, in order to be maintained and sustained in their
wrong, do make gifts and conveyances of their lands and tenements,
which be in debate and of their goods and chattels to others : There-
fore
Be ii further enacted by the authority aforesaid^ That all such gifts Convey-
and conveyances so made or to be made, by fraud or for maintenance. Sfg^utlJd
shall be void and holden for none. lands de-
And be it further enacted by the authority aforesaid^ That no person p ^^ '
or persons shall from henceforth bargain, buy, sell or convey, or by any and sale of
ways or means, obtain, get or procure, any pretended rights or titles or Stiea."*^^
make or take any promise, grant or covenant to have any right or title
of any person or persons, in or to any manors, lands, tenements or
hereditaments, unless such person or persons, who shall so bargain, sell,
grant or convey, or covenant, or promise the same, or their ancestors
or those by whom he she or they claim the same, have been in the
possession of the same, or of the reversion or remainder thereof, or
taken the rents or profits thereof, by the space of one whole year next
before the said bargain, sale, grant, conveyance, covenant or promise
made, upon pain that he or she who shall make any such bargain, sale,
grant, conveyance, covenant or promise, shall forfeit the whole value of
the lands tenements or hereditaments so bargained, sold, granted, con-
veyed, covenanted or promised contrary to the form of this act; and the
buyer or taker thereof, knowing the same, shall also forfeit the vahie of
the said lands, tenements or hereditaments so by him bought or taken
as aforesaid; the one half of the said forfeitures to be to the use of the ^
people of this State and the other half to the party that will sue for the
same, in any court of record, by action of debt, bill, plaint or informa-
tion; provided always, that it shall be lawful for any person or persons
being in lawful possession, by taking of the yearly farm, rents or profits,
of or for any manors lands, tenements or hereditaments, to buy, obtain,
get or have, by any reasonable ways or means, the pretended right or
title of any other person or persons, to, of, or in, such, manors, lands,
tenements or hereditaments, whereof he or they shall be so in lawful
possession.
And be it further enacted by the authority aforesaid, That no person or Unlawful
persons do hereafter unlawfully maintain or cause or procure any unlaw- San^cefpen.
ful maintenance, in any matter or cause whatsoever now depending orai^y'o''-
which hereafter shall depend in suit and variance, by any writ, action,
bill, complaint, information or indictment, in any-wise touching or con
ceming any lands tenements or hereditaments, or any goods, chattels,
debts, damages or offences, in any court in this State or before any
person or persons who have or hereafter shall have, authority, by com-
mission patent, writ or otherwise, to examine, hear or determine any
matter or witnesses concerning the same and that no person or persons
do hereafter unlawfully retain for maintenance of any suit or plea, any
person or persons or embrace any freeholders or jurors, by letters,
rewards, promises, or any other sinister labour, or means, to maintain
any matter or cause or to the hindrance or disturbance of justice, or to
the procurement or occasion of any false verdict in any of the courts
aforesaid, upon pain to forfeit, for every such offence one hundred
pounds; the one moiety thereof to the use of the people of this State
and the other moiety thereof to him who will sue for the same, by action
of debt, bill, plaint or information, in any court of record.
632 LAWS OF NEW YORK. tCHAP. ao.
CHAP, 19,
AN ACT for the prevention and punishment of extortion.
Passed the 7th of February, 1788.
Extortion Be it enacted by the People of the State of New York represented in
o&cer^pen- Senate and Assembly and it is hereby enacted by the authority of the same^
aityfdr. That no judge, justice, sheriff or other officer whatsoever, ministerial or
judicial, shall receive or take any fee or reward to do his office, but
such as is or shall be allowed by the laws of this State; and if any doth,
he shall restore to the party grieved double damages. And further^
that if any judge, justice, sheriff or other officer aforesaid hath received
or taken, or shall receive or take, by colour of his office, any fee or
reward whatsoever, not allowed by the laws of this State for doing his
office, and be thereof convicted, either at the suit of the party grieved,
in any court of record, or at the suit of the people of this State, in the
supreme court, or before justices of goal delivery, or before justices
assigned to hear and determine, or in any court of general sessions of
the peace, he shall be punished by fine or imprisonment, or both, accord-
ing to the discretion of the court in which such conviction shall be had.
CHAP. 20.
AN ACT for preventing and punishing forgery and counterfeiting.
Passed the 7th of February, 1788.
Forgery JBe it enacted by the People of the State of New York, represented in
terfeWng" Senate and Assembly ^ and it is hereby enacted by the authority of the same^
records, That if any person shall falsely make, alter, forge or counterfeit, or
bonSa, cause or procure to be falsely made, altered, forged, or counterfeited, or
notes, eta willingly act or assist in the false making, altering, forging or counter-
feiting any record, charter, deed or writing sealed, will, testament, bond,
writing-obligatory, bill of exchange, promisory note for payment of
money, indorsement or assignment of any bill of exchange, or promi-
sory note for payment of money, or any acquittance or receipt, either
for money or goods, or any acceptance of any bill of exchange, or the
number or principal sum of any accountable receipt for any note, bill
or other security, for payment of money, or any warrant or order for
payment of money or delivery of goods, with intention to defraud any
person, or body politick or corporate whatsoever, or shall utter or pub-
lish as true, any false, altered, forged or counterfeited, record, charter,
deed or writing sealed, will, testament, bond, writing-obligatory, bill of
exchange, promisory note for payment of money, indorsement or assign-
ment of any bill of exchange or promisory note for payment of money,
acquittance or receipt, either for money or goods, or any acceptance of
any bill of exchange or the number or principal sum of any accountable
receipt, for any note, bill or other security for the payment of money,
or any warrant or order for the payment of money or delivery of goods,
with intention to defraud any person or body politick or corporate what-
soever, knowing the same to be false, altered, forged or counterfeited,
then every such person being thereof convicted according to the due
Chap. 20.] ELEVENTH SESSION. 633
course of law, shall be deemed guilty of felony and shall suffer death as
a felon.
And be it further enacted by the authority aforesaid, That if any person id., public
shall counterfeit, or cause or procure to be counterfeited, or act or assist ?|?ttfl-**^*
in counterfeiting, any certificate or other public security, issued or to be cates, etc
issued by the authority of the United States in Congress assembled, or
by the authority of the legislature of this State, for payment of money,
or acknowledging the receipt of money or goods, or any bill of credit
emitted or issued, or hereafter to be emitted or issued by or under the
authority of the United States in Congress assembled, or by or under
the authority of the legislature of this State, or by or under the author-
ity of the legislature of any other of the United States of America, or
shall alter any certificate issued or to be issued as aforesaid, or any bill
of credit, emitted or issued or to be emitted or issued as aforesaid, so
that the same shall appear to be of greater value than the same was or
shall be issued or emitted for, or intended to pass for, by the law resolu-
tion or act in pursuance of which the same was or shall be issued or
emitted, or shall utter, pass or give in payment, or offer to pass or give
in payment, or procure to be uttered, passed or given in payment, any
such counterfeited or altered certificate or bill of credit, knowing the
same to be counterfeited or altered, then every such person being thereof
convicted, according to the due course of law, shall be deemed guilty of
felony, and shall suffer death as a felon.
And whereas it frequently happens that the persons who so alter cer-
tificates and bills of credit with respect to their denomination, do at the
same time alter the same, as to the numbering or indenting thereof, and
also in other respects, in so much that it is in some cases extremely
difficult and in others impossible to discover, from the checks or other
memorandums remaining in the public offices, the sum for which the
certificate or bill of credit so altered, originally issued; Therefore,
Be it further enacted by the authority aforesaid^ That in all cases Altered
where any such certificate or bill of credit, shall be charged to have been Sohave^^
altered, and the same shall appear to have been altered, the same shall been raised
be presumed to have been altered from a less to a greater value, sum or
denomination, and the burthen of proving that the certificate or bill of
credit, charged to have been altered, was not altered from a less to a
greater sum, shall lie on the defendant charged with altering the same.
And be it further enacted by the authority aforesaid. That if any person Counter-
shall counterfeit or cause or procure to be counterfeited, or act or assist goid°and
in counterfeiting, any of the species of gold or silver coins, now current siiTercoin*
or hereafter to be current in this State, or shall pass or give in payment,
or offer to pass or give in payment, any such counterfeit, knowing the
same to be counterfeit, then every such person being thereof convicted,
according to the due course of law, shall be deemed guilty of felony,
and shall suffer death as a felon.
And be it further enacted by the authority aforesaid, That all other acts
and clauses of acts heretofore made concerning forgery and counter-
feiting, or the punishment thereof shall be and hereby are repealed,
except as to offences heretofore committed.^
Vol. 2. — 80
634
LAWS OF NEW YORK.
[Chap. 22.
sonatlon in
acknowl-
edfcment
of deeds,
etc.
CHAP, 21.
AN ACT making it felony in such who shall levy any fine, suffer
any recovery or acknowledge any deed, recognizance, bail or
judgment in the name of another not being privy and consent-
ing thereto.
Passed the 7th of February, 1788.
False per- Be it enacted by the People of the State of New York represented in
^<f«<3r/^ and Assembly and it is hereby enacted by the authority of the same^
That all and every person and persons who shall acknowledge or pro-
cure to be acknowledged any fine or fines, recovery or recoveries, deed
or deeds, recognizance or recognizances, bail or bails, judgment or
judgments, in the name or names of any other person or persons, not
privy or consenting to the same, and all and every person and persons
who shall, before any person or persons authorised to take bail or bails^
represent or personate any other person or persons, whereby the person
or persons so represented or personated, may be liable to the payment
of any sum or sums of money for debt or damages to be recovered in
the same suit, or action wherein the person or persons are represented
or personated, as if he or they had really acknowledged and entered
into the same bail or bails, being lawfully convicted or attainted thereof
shall be adjudged guilty of felony.
Not to Proi'ided ahuays and be it further enacted by the authority aforesaid^
lorneyHot That this act shall not extend to any judgment or judgments acknowl-
reoord. edged by any attorney or attorneys of record for any other person or
persons, against whom any such judgment or judgments shall be had or
given.
CHAP. 22.
Theft and
mutilation
of records
deemed
leioiiy.
Not to
affect
amend-
ments by
order of
court.,
AN ACT to prevent stealing and avoiding records.
Passed the 7th of February, 17S8.
Pe it enacted by the People of t/ie State of Hew- Yorky represented in
Senate and Assembly, and it is hereby enacted by the authority of the same^
That if any record or parcel of the same, writ, return, pannel, process
or other proceeding in the court of chancery, supreme court, exchequer,
or in any other court of record, or in the office of the secretary of this
State, or in the office of the clerk of any city or county in this State,
hath been or hereafter shall be stolen, or willingly taken away, with-
drawn, or avoided, by any clerk, or by any other person, by reason
whereof any judgment shall be reversed, then every such stealer, taker
away, withdrawer, or avoider, their procurers, counsellors, and abettors,
being convicted or attainted thereof, according to the due course of law^
shall be adjudged guilty of felony. Provided always.
And be it further enacted by the authority aforesaid. That this act
shall not extend to any amendment or entry made or to be made by
any rule, order, judgment, or decree of any court.
Chap. 24.] ELEVENTH SESSION. 635
CHAP. 23.
AN ACT declaring it to be felony in servants to embezzle their
masters goods.
Passed the 7th of February, 1788.
Be it enacted by the People of the State of New York represented in Embezzie-
Senate and Assembly y and it is hereby enacted by the authority of the same, Servant^or
That if any servant to whom any money, goods or chattels heretofore apprentice
have been, or hereafter shall be, by his or her master or mistress, deliv- f^ony.
ered to be safely kept, hath withdrawn himself or herself from his or
her said master or mistress, and gone away, or hereafter shall withdraw
himself or herself from his or her said master or mistress, and go away
with the said money, goods or chattels, or any part thereof, to the intent
to steal the same, and defraud his or her said master or mistress thereof,
contrary to the trust and confidence in him or her reposed, by his or
her said master or mistress; or being in the service of his or her said
mastei or mistress, without assent or commandment of his or her said
master or mistress, hath embezzled or shall embezzle the same money,
goods or chattels, or any part thereof, or otherwise hath converted or shall
convert the same to his or her own use, with like purpose to steal the same,
then and in every such case, if the said money, goods or chattels, that any
such servant hath gone away with or shall go away with, or which such
servant hath embezzled or shall embezzle, with purpose to steal the same
as aforesaid, be of the value of twenty shillings, or above, the same, false,
fraudulent and untrue act or demeanor, shall be adjudged felony. But To whom
this act shall not extend to any apprentice, nor to any person within the S^tend/^
age of eighteen years, going away with the goods or chattels of his or
her master or mistress, or otherwise converting the same to his or her
own use during the time of his or her apprenticeship or being within
the age of eighteen years, and every apprentice, and every other person
under the age of eighteen years, doing or offending contrary to this act,
shall stand and be m like case as if this act had not been made.
CHAP. 24.
AN ACT to restrain all persons from marrying, until their former
wives and former husbands be dead.
Passed the 7ih of February, 1788.
Be it enacted by the People of the State of Neiv York represented in Sen- Bi«mmy
ate and Assembly and it is hereby enacted by the authority of the same, i^x^^^^^ **
That if any person or persons being married, or who hereafter shall
marry, do at any time marry any person or persons, the former hus-
band or wife, being alive, then every such offence shall be felony; and
the party and parties so offending, shall receive such and the like
proceedings, trial, judgment and execution in the county where such
person or persons shall be apprehended, as if the offence had been com-
mitted in the same county where such person or persons shall be taken
or apprehended; but neither this act nor any thing therein contained
shall extend to any peason or persons whose husband or wife shall be
636
I^AWS OF NEW YORK.
[Chap. 26.
continually remaining without the United States of America by the
space of five years together, or whose husband or wife shall have
absented him or herself the one from the other by the space of five
years together, the one of them not knowing the other to be living within
that time; nor to any person or persons who are or shall be, at the time
of such marriage, divorced by the sentence or decree of any court hav-
ing cognizance thereof ; nor to any person or persons where the former
marriage hath been or shall be, by the sentence or decree of any such
court declared to be void and of no effect ; nor to any person or per-
sons for or by reason of any former marriage, had or made, or to be
had or made within the age of consent.
Mavhero
defined;
deolared a
felony.
CHAP. 25.
AN ACT to prevent malicious maiming, and wounding.
Passed the 7th of February, 1788.
Be it enacted by the People of the State of New York^ represented in
Senate and Assembly^ and it is hereby enacted by the authority of the same.
That if any person or persons shall on purpose and of malice afore-
thought cut out the tongue or put out the eyes of any other person ; or
if any person or persons shall on purpose and of malice aforethought,
and by lying in, wait, unlawfully cut out or disable the tongue, put out
an eye, slit the nose or lip or cut off the nose or lip or cut off or disable
any limb or member of any other person, with intention in so doing to
murder, or kill, or to maim, or disfigure, in any the manners aforesaid,
such other person, every such offence shall be deemed and adjudged
felony, and every person or persons so offending, and every person and
persons who shall aid, abet, assist, counsel, hire or command any person
or persons to commit any of the said offences, being thereof convicted,
or attainted, shall be and hereby are declared to be felons, and shall
suffer death for the same.
CHAP. 26.
Breaking
of prison.
Judgment
AN ACT concerning, prisoners breaking prison.
Passed the 7th of February, 1788.
Be it enacted by the People of the State of New- York, represented in
Senate and Assembly and it is hereby enacted by the authority of the same.
That no person from henceforth who being imprisoned shall break
prison, shall have judgment of life or member for breaking of prison
only, except the cause for which such prisoner was taken and imprisoned
did require such judgment, if he had been convicted thereupon accord-
ing to the law and custom of this State.
Chap, 28.] ELEVENTH SESSION. 637
CHAP. 27.
AN ACT to repeal an act entitled "An act to prevent the destruc-
tion of fish, in the county of Suffolk.
Passed the 8th of February, 1788.
Be it enacted by the People of the State of New York represented in Act recited
Senate and Assembly and it is hereby enacted by the authority of the same, ^*^®
That the act entitled **An act to prevent the destruction of fish in the
county of Suffolk " passed the seventeenth day of April one thousand
seven hundred and eighty-six, be, and the same is hereby repealed.
CHAP. 28.
AN ACT requiring all persons holding offices or places under the
governnjent of this State to take the oaths therein mentioned..
Passed the 8th of February, 1788.
Be it enacted by the People of the State of Nciv York, represented in Certain
Senate and Assembly, and it is hereby enacted by the authority of the same, eere *oat1S'
That every person who shall hereafter be elected a member of the sen- 'to be taken
ate of this State, and every person who shall hereafter be elected a ^'
member of the assembly of this State, before he takes his seat, and
every person who shall hereafter be elected governor or lieutenant gov-
ernor of this State, and every person who shall hereafter be appointed
a delegate to represent this State in the Congress of the United States,
and every person who shall hereafter be appointed to any office, civil
or military, before he enters upon the execution of his trust, place or
office, shall and hereby is required to take and subscribe the following
oath, that is to say, " I do solemly without any mental reserva-
tion or equivocation whatsoever, swear and declare that I renounce and
abjure all allegiance and subjection to all and every foreign king, prince,
potentate and State, in all matters ecclesiastical as well as civil ; and
that I will bear faith and true allegiance to the State of New York, as
a free and independent State."
And be it further enacted by the authority aforesaid. That every person Pereon ^
who shall hereafter be elected governor or lieutenant governor of this ^n^J^^y.
State and every president of the senate, who shall at any time adminis- emment
ter the government of this State, shall also, before he enters upon the
execution of his trust, place or office, take the following oath of office,
to wit, " I elected governor, lieutenant governor, or president
of the senate (as the case may be) of the State of New York, do solemnly
swear and declare that I will in all things to the best of my knowledge
and ability, faithfully perform the trust reposed in me as governor, lieu-
tenant governor, or president of the senate (as the case may be) of the
State of New York, by executing the laws, and maintaining the peace,
freedom and independence of the said State, in conformity to the pow-
ers delegated unto me by the constitution of the said State.'*
And be it further enacted by the authority aforesaid. That the president Judicial
of the " court for the trial of impeachments and the correction of errors " °®<'®"*
638
LAWS OF NEW YORK.
[Chap. 28.
Secretary
of State.
Sheriffs,
coroners
and mar-
shals.
and every member of the said court and all judicial officers in this State
hereafter to be elected or appointed, shall also, before they enter upon
the execution of their respective offices, severally take and subscribe
the following oath, to wit, "I do solemnly sweai and declare
that I will to the best of my knowledge and ability execute the office of
(here describe the office) according to the constitution and laws of the
State of New York in (defence of the freedom and independence thereof
and for the maintenance of liberty and the distribution of justice among
the citizens and inhabitants of the said State, without any fear, favour,
partiality, affection or hope of reward.
IV. And be it further enacted by the authority aforesaid^ That every
person who shall hereafter be appointed secretary of this State shall also
before he enters upon the execution of his office, take and subscribe the
following oath, to wit, " I secretary of the State of New York, do
solemnly swear and declare that I will in all things according to the best
of my knowledge and ability, justly and honestly keep the records, parch-
ments papers and instruments of writing, committed unto me, and which
shall be from time to time hereafter committed unto me Dy virtue of my
said office and in all things to the best of my knowledge and understand-
ing faithfully and honestly perform the duty of my said office of secre-
tary and the trust reposed in me, without favour or partiality.
V. And be it further enacted by the authority aforesaid^ That every
person who shall hereafter be appointed sherif or coroner of the city
and county of New York or Albany, or of any other county in this State,
and the chief marshal of the city of Hudson, and all and every of their
deputies respectively, shall also before he they or any of them shall
enter upon the execution of the said office, take the following oath, to
wit, " I sherif, or coroner, or chief marshal or deputy marshal
or under sherif, or one of the deputies of the sherif (as the case may be)
of the city and county of New York or Albany, or Hudson, or of the
county of (as the case may be) do solemnly swear and declare
that I will well and truly serve the people of the State of New York in
the office of sherif, or coroner, or chief marshal or deputy marsftal or
under sherif or one of the deputies of the sherif (as the case maybe) of
the said county, or city and county, or city (as the case may be) during
my continuance therein, and will faithfully and truly execute or cause
to be executed (the words " or cause to be executed," to be omitted in
the oath to be administered to an under sherif or deputy sherif or deputy
marshal) all writs and precepts which shall be delivered to me, or come
to and remain in my hands for that purpose according to the best of my
knowledge, skill and judgment; and that I will not corruptly or unjustly
use or exercise the said office during the time that I shall remain therein;
neither will I directly or indirectly accept, receive or take by any colour
means or device whatsoever, or consent to the taking any manner of fee
or reward whatsoever of or from any person or persons whomsoever, for
the summoning, impanneling or returning of any inquest jury or tales,
in any court for the people of this State, or between party and party,
other than such fees or reward as now are, or hereafter shall be allowed
by law for the same; and that I will not directly or indirectly exact or
demand any manner of fee or reward whatsoever from any person or
persons whomsoever for serving or returning of any writ precept or pro-
cess whatsoever, or for any other service whatsoever in my said office,
other than such fees or reward as now are or hereafter shall be allowed
for the same by law; but that I will demean myself honestly and impar-
tially in all things that shall belong to the duty of my said office, accord-
ing to the best of my knowledge, skill and ability.
Chap. 29.] ELEVENTH SESSION. 639
And be it further enacted by tlu authority aforesaid^ That every person Reiriatere,
who shall hereafter be appointed register or clerk of any court, or clerk cInfrtMd
of any city or county in this State, shall also, before he enters upon the ®?"^y
execution of his office, take the following oath, to wit, ** I regis-
ter or clerk, or one of the clerks of the court of or clerk of the
county of or of the city and county of or of the city of
(as the case may be) do solemnly swear and declare that I will
justly and honestly keep the records parchments papers and writings
committed to me by virtue of my said office and which shall be from
time to time hereafter committed unto me, and in all things to the best
of my knowledge and understanding, faithfully and honestly perform
the duty of my said office, and the trust reposed in me, without favour
or partiality.
And be it further efiacted by the authority aforesaid^ That all other min- Other mia
isterial officers hereafter to be appointed shall also before they respec- oflcera.
tively enter upon the execution of their respective offices, severally take
and subscribe the following oath, to wit, '* I appointed to the
office of (here insert the officers title of office) do solemnly promise and
swear that I will in all things to the best of my knowledge and ability,
faithfully perform the trust reposed in me.
And be it further enacted by the authority aforesaid^ That the said Oaths, be-
oaths shall be taken and subscribed before such person or persons as SKn^**°"
shall be appointed by commission for that purpose under the great seal where filed,
of this State in nature of a dedimus potestatem who shall take such sub-
scriptions on a roll or rolls to be provided for that purpose, containing
a proper caption or captions, with the said oaths written at length
thereon, and subscribed with the proper names and hand writing of the
several person and persons taking such respective oaths; which rolls
shall be disposed of as follows, to wit, those containing the oaths and
subscriptions of any governor, lieutenant governor president of the
senate, member of the senate or assembly, chancellor, judge of the
supreme court, judge of the court of admiralty, judge of the court of
probates, or any officer of either of the said courts, or attorney general,
or secretary of this State, or military officer whose office shall extend
into more than one county, shall be deposited and kept in the office of
the secretary of this State, and those containing the oaths and subscrip-
tions of the respective county officers, both civil and military, shall be
deposited and kept in the office of the clerk of the same county. Pro-
vided always
And be it further enacted by the authority aforesaid^ That this act Officers to
I It /1. ^ •" J whom act
shall not extend to any county treasurer, supervisor, town clerk, com- does not
missioner of the highway, assessor, collector, constable, or other town extend,
officer.
CHAP. 29.
AN ACT to reoeal the act, entitled "An act for the relief of insol-
vent debtors."
PAS<ncD the 8th of February, 17S8.
Whereas it has been found that the act entitled "An act for the Preamble,
relief of insolvent debtors," has been productive of much mischief, and
there is great reason to suppose that wicked men have in many instances
been guiky of the most fraudulent practices to obtain those benefits
which the legislature intended only for the innocent and unfortunate.
640 LAWS OF NEW YORK. [Chap. 30.
Act refer- Be it therefore enacted by the People of the State of New York, repre-
repe^ed. rented in Senate and Assembly^ and it is hereby enacted by the authority
of the same^ That the said act, and every clause, matter and thing therein
contained shall be, and the same is hereby repealed.
Proceed- Provided always^ and be it further enacted by the authority aforesaid,
JiP^de^**®*" That all discharges heretofore regularly and bona fide had under the said
*^^^nA ^^^» ^^^^^ ^^ ^^ valid ; and that in every case where an assignment has
been already made by virtue of the said act, the assignee or assignees
may proceed and act and the court or judge by whom the assignment
was directed, may proceed to the final discharge of the said insolvent
debtor in all respects as if this act had not been passed ; any thing
herein to the contrary thereof in any wise notwithstanding.
CHAP. 30.
AN ACT to take out of circulation the bills of credit emitted by
law and to emit others as a substitute.
Passed the 8th of February, 1788.
Preamble. WHEREAS by Virtue of an act of the legislature of this State entitled
** An act for emitting the sum of two hundred thousand pounds in bills
of credit for the purposes therein mentioned," passed the eighteenth
day of April, one thousand seven hundred and eighty six, bills of credit
to the amount of two hundred thousand pounds were emitted: And
whereas counterfeits of the said bills have been made, and have been
passed as true bills, to the great injury of the good people of this State;
Therefore,
New em Is- Be it enacted by the People of the State of New York^ represented in
offered u Senate and Assembly^ and it is hereby enacted by the authority of the same^
provided That bills of credit to the amount and of the several denominations of
the bills specified in the first section of the act herein before recited,
and still remaining in circulation, be made forthwith after the passing
of this act ; and that upon every of the said bills shall be impressed the
arms of the State of New York, and the words following, to wit *' by a
law of the Stale of New York, this bill shall be received in all payments
into the treasury, for New- York, the day
of one thousand seven hundred and eighty eight ;" and also
the words ** It is death to counterfeit this bill," together with such other
words and devices as the treasurer of this State for the time being, and
Daniel McCormick, John De Peyster, Nicholas Hoffman and Hendrick
Wyckoff or any three of them shall direct ; which bills when so impressed
shall be numbered by Daniel McCormick, Hendrick Wyckoff, John
De Peyster and Nicholas Hoffman or any of them, and signed by any
two of them, and when signed shall by the persons hereby appointed
signers thereof, or any of them, be delivered unto the said treasurer,
who shall give duplicate receipts for the same, one of which shall be
delivered by the said signers, or any one of them, to the legislature of
this State whenever the same shall be required.
Committee And be it further enacted by the authority aforesaid^ That the said
?odftect*^ treasurer, and the said Daniel McCormick, Hendrick Wyckoff, John
o?biii».^ De Peyster and Nicholas Hoffman, or any three of them, shall and they
are hereby authorized to employ such and so many engravers as they
shall deem proper to engrave such and so many plates for the said bilK
Chap. 30.] ELEVENTH SESSION. 641
as they may judge necessary, and shall direct with what types the words
to be printed on the said bills shall be impressed thereon, and shall pro-
cure such paper for the said bills as in their judgment shall be best
adapted to the purpose, and shall employ such printer to print the said
bills as they may think proper; which printer shall perform the printing
under such inspection, and agreeably to such directions as they shall
from time to time give and order: And further that they the said
Daniel McCormick, Hendrick WyckofT, John De Peyster and Nicholas
Hoffman and every person by them, or any of them employed in engrav-
ing the plates or printing the bills, or to inspect the printer whilst the
same bills are striking off, shall before they respectively enter on the
business assigned them, take and subscribe before one of the justices of
the supreme court, or the mayor or recorder of the city of New-York,
an oath well and truly to execute the trust reposed in them, by and in
pursuance of, this act.
And be it further enacted by the authority aforesaid^ That if any more Ezcom of
of the said bills shall be printed than is directed by this act, then the ^d^^KT*"''
ates.
said Daniel McCormick, Hendrick WyckofF, John De Peyster and etc.. to be
Nicholas Hoffman, or any two of them, as soon as the number of bills ^^^"^ '
of each denomination to be made as aforesaid, shall be signed and
delivered to the said treasurer, shall immediately, and in the presence
of the said treasurer, destroy such supernumerary bills, and the plates
by which the bills were struck off shall be melted down, or otherwise
destroyed, in the presence of the said treasurer, and of the said Daniel
McCormick, Hendrick WyckofT, John De Peyster and Nicholas Hoff-
man or any two of them.
IV. And be it further enacted by the authority aforesaid, That as soon Treaturer
as the said treasurer shall have received from the said signers, to the pufJic*
amount of thirty thousand pounds of the said new bills, he shall cause "^^han^'
advertisements to be published in two of the newspapers printed in the of old bills,
city of New York, and in each of the public newspapers printed in the
other cities and counties within this State, requiring the holders of any
of the bills of credit emitted by virtue of the said recited act, to bring
the same into the treasury, and notifying that he will give in exchange
for the same, bills of credit of equal value emitted by virtue of this act.
V. And be it further enacted by the authority aforesaid. That the bills
of credit to be emitted by virtue of this act, shall pass and be receivable
in all cases in like manner as the bills of credit emitted by the said
herein before recited act were thereby enacted to be recievable and
taken.
VI. And be it further enacted by the authority aforesaid. That all the Destruo-
bills of credit which the said treasurer shall receive in exchange as afore- bini re-°
said, shall be by him from time to time destroyed in the manner directed ^^Jjjfange.
by the forty ninth section of the said recited act, in the presence of the
said Daniel McCormick, Hendrick Wyckoff, John De Peyster and Nich -
olas Hoffman, or any two of them; but the said treasurer shall on the
first Monday of November next ensuing the passing of this act, and
annually on the first Monday of November in each year following, pre-
vious to the destroying of the said bills, deliver unto the persons hereby
nominated as signers of the bills to be emitted by virtue of this act, two
seperate accounts subscribed by himself, of the amount and denomina-
tion of the bills so by him to be at that time cancelled, which signers or
any three of them, after having examined the said bills, and having
found that the amount and denominations correspond with the said
accounts, and having seen the said bills destroyed, shall indorse and
subscribe a certificate on each of the said accounts, purporting that the
Vol. 2. — 81
640 LAWS OF NEW YORK. [Chap. 30.
Act refer- Be it therefore etiacted by the People of the State of New York, repre-
repe^aled. ^^nted in Senate and Assembly^ and it is hereby emuted by the authority
of the same^ That the said act, and every clause, matter and thing therein
contained shall be, and the same is hereby repealed.
Proceed- Provided always, and be it further enacted by the authority aforesaid,
irt^d^'**'^ "^^^t all discharges heretofore regularly and bona fide had under the said
viuw^ act, shall be as valid ; and that in every case where an assignment has
been already made by virtue of the said act, the assignee or assignees
may proceed and act and the court or judge by whom the assignment
was directed, may proceed to the final discharge of the said insolvent
debtor in all respects as if this act had not been passed ; any thing
herein to the contrary thereof in any wise notwithstanding.
CHAP. 30.
AN ACT to take out of circulation the bills of credit emitted by-
law and to emit others as a substitute.
Passed the 8th of February, 1788.
Preamble. WHEREAS by virtue of an act of the legislature of this State entided
** An act for emitting the sum of two hundred thousand pounds in bills
of credit for the purposes therein mentioned," passed the eighteenth
day of April, one thousand seven hundred and eighty six, bills of credit
to the amount of two hundred thousand pounds were emitted: And
whereas counterfeits of the said bills have been made, and have been
passed as true bills, to the great injury of the good people of this State;
Therefore,
New em Is- Be it enacted by the People of the State of New York, represented in
of*credlt Senate and Assembly, and it is hereby enacted by the authority of the same,
provided That bills of credit to the amount and of the several denominations of
the bills specified in the first section of the act herein before recited,
and still remaining in circulation, be made forthwith after the passing
of this act; and that upon every of the said bills shall be impressed the
arms of the State of New York, and the words following, to wit ** by a
law of the State of New York, this bill shall be received in all payments
into the treasury, for New- York, the day
of one thousand seven hundred and eighty eight;" and also
the words ** It is death to counterfeit this bill," together with such other
words and devices as the treasurer of this State for the time being, and
Daniel McCormick, John De Peyster, Nicholas Hoffman and Hendrick
Wyckoff or any three of them shall direct ; which bills when so impressed
shall be numbered by Daniel McCormick, Hendrick Wyckoff, John
De Peyster and Nicholas Hoffman or any of them, and signed by any
two of them, and when signed shall by the persons hereby appointed
signers thereof, or any of them, be delivered unto the said treasurer,
who shall give duplicate receipts for the same, one of which shall be
delivered by the said signers, or any one of them, to the legislature of
this State whenever the same shall be required.
Committee And be it further enacted by the authority aforesaid, That the said
ufdftSSt*'* treasurer, and the said Daniel McCormick, Hendrick Wyckoff, John
o?bmS.*^ De Peyster and Nicholas Hoffman, or any three of them, shall and they
are hereby authorized to employ such and so many engravers as they^
shall deem proper to engrave such and so many plates for the said bills*
Chap. 30.] ELEVENTH SESSION. 641
as they may judge necessary, and shall direct with what types the words
to be printed on the said bills shall be impressed thereon, and shall pro-
cure such paper for the said bills as in their judgment shall be best
adapted to the purpose, and shall employ such printer to print the said
bills as they may think proper; which printer shall perform the printing
under such inspection, and agreeably to such directions as they shall
from time to time give and order: And further that they the said
Daniel McCormick, Hendrick Wyckoff, John De Peyster and Nicholas
Hoffman and every person by them, or any of them employed in engrav-
ing the plates or printing the bills, or to inspect the printer whilst the
same bills are striking off, shall before they respectively enter on the
business assigned them, take and subscribe before one of the justices of
the supreme court, or the mayor or recorder of the city of New- York,
an oath well and truly to execute the trust reposed in them, by and in
pursuance of, this act.
And he it further enacted by the authority aforesaid^ That if any more Ezcom of
of the said bills shall be printed than is directed by this act, then the ed.'pKtTO,
said Daniel McCormick, Hendrick Wyckoff, John De Peyster and etc- to be
Nicholas Hoffman, or any two of them, as soon as the number of bills ^^^^"^^ •
of each denomination to be made as aforesaid, shall be signed and
delivered to the said treasurer, shall immediately, and in the presence
of the said treasurer, destroy such supernumerary bills, and the plates
by which the bills were struck off shall be melted down, or otherwise
destroyed, in the presence of the said treasurer, and of the said Daniel
McCormick, Hendrick Wyckoff, John De Peyster and Nicholas Hoff-
man or any two of them.
IV. And be it further enacted by the authority aforesaid^ That as soon Trewurer
as the said treasurer shall have received from the said signers, to the pufiio®
amount of thirty thousand pounds of the said new bills, he shall cause notice of
advertisements to be published in two of the newspapers printed in the of oM bfus.
city of New York, and in each of the public newspapers printed in the
other cities and counties within this State, requiring the holders of any
of the bills of credit emitted by virtue of the said recited act, to bring
the same into the treasury, and notifying that he will give in exchange
for the same, bills of credit of equal value emitted by virtue of this act.
V. And be it further enacted by the authority aforesaid^ That the bills
of credit to be emitted by virtue of this act, shall pass and be receivable
in all cases in like manner as the bills of credit emitted by the said
herein before recited act were thereby enacted to be recievable and
taken.
VI. And be it further enacted by the authority aforesaid^ That all the Destnio-
bills of credit which the said treasurer shall receive in exchange as afore- bui" ?i-^'**
said, shall be by him from time to time destroyed in the manner directed ceived in
by the forty ninth section of the said recited act, in the presence of the ^^^ *^®'
said Daniel McCormick, Hendrick Wyckoff, John De Peyster and Nich
olas Hoffman, or any two of them; but the said treasurer shall on the
first Monday of November next ensuing the passing of this act, and
annually on the first Monday of November in each year following, pre-
vious to the destroying of the said bills, deliver unto the persons hereby
noniinated as signers of the bills to be emitted by virtue of this act, two
separate accounts subscribed by himself, of the amount and denomina-
tion of the bills so by him to be at that time cancelled, which signers or
any three of them, after having examined the said bills, and having
found that the amount and denominations correspond with the said
accounts, and having seen the said bills destroyed, shall indorse and
subscribe a certificate on each of the said accounts, purporting chat the
Vol. 2. — 81
642 LAWS OF NEW YORK. [Chap. 30.
bills therein specified have been cancelled by the said treasurer, one of
which accounts so certified and subscribed shall be delivered to the said
treasurer, and the other retained by the said signers, or one of them, to
be delivered to the legislature, whenever required.
And whereas it may so happen that persons possessed of bills of credit
emitted by virtue of the said recited act, and who may have borrowed
the said bills at any loan office established by the said act, may find it
most convenient to pay the same bills into such loan office, for principal
or interest, or for both, of the money so borrowed ; therefore.
Bills re- VII. Be tt further enacted by the authority aforesaid^ That all such
loan^offl-^ of the bills emitted by virtue of the said recited act, as shall be so paid
cere to hj into any loan office, and by any loan officer into the treasury of this
esiroy . g^^^g^ g^^^ij ^^ cancelled, accounted for, and disposed of in the manner
directed in the last preceding section of this act. Provided ahtays that
none of the bills emitted by virtue of the said recited act, shall be
received by any loan officer, after the ninth day of July next, but that
thenceforth all such bills shall be exchanged at the treasury until the
third Tuesday of June, in the year one thousand seven hundred and
eighty nine, after which period they shall not be so exchanged nor taken
in any payments whatsoever.
And whereas doubts have arisen whether any of the bills of credit or
other monies which may be paid into the loan offices by the borrowers
of such bills, as in part of the principal loaned, were to be paid into the
treasury and there destroyed, if such payment was in bills, or detained
if in gold or silver for the redemption of the bills in circulation; there-
fore to remove such doubs,
Tteioaninjr Be it further enacted by the authority aforesaid, That any part of any
PHid?n*^ principal borrowed by any person whosoever which shall have been
pri'»r to^ paid, or have come into any loan office or which shall hereafter, and on
""*' or before the third Tuesday in June, which will be in the year of our
Lord one thousand seven hundred and ninety, or within twenty two
days thereafter, be paid or -come into any loan office, shall and may be
reloaned by the respective loan officers, on the terms and conditions
directed in the said recited act; any thing in the said act, or this act, to
the contrary notwithstanding.
Moneys to And be it further enacted by the authority aforesaid, That all monies
ceii^'if not ^hich shall hereafter, and on or before the third Tuesday of June, which
reioaoed. will be in the year of our Lord one thousand seven hundred and ninety,
or within twenty two days thereafter be paid into any loan office for inters
est, and all monies which shall from and after the said third Tuesday in
June last mentioned, or within twenty two days thereafter be paid into any
loan office in discharge either of principal or interest, shall by the loan
officers respectively be paid into the treasury of this State, and so much
of such monies as shall be so paid into the treasury in bills of credit,
jihall by the treasurer be cancelled, accounted for, and disposed of in
the manner directed by the sixth section of this act; any thing in the
said recited act, or in this act, to the contrary thereof notwithstanding.
But if such monies or any part thereof shall be paid in gold or silver,
the same shall be disposed of in the manner herein after directed.
And whereas provision was made in and by the said recited act for
the redemption of the bills of credit emitted by virtue thereof, so as that
the whole of the said bills should be redeemed in the year one thousand
eight hundred; in order therefore more effectually to accelerate the
said redemption,
Gold or Be it further enacted by the authority aforesaid, That whenever any
cewii7or gold or silver shall be paid into the treasury of this State for principal or
Chap. 31.J ELEVENTH SESSION. 643
interest of any of the bills of credit which have been or may be loaned, the loans to be
treasurer shall, and he is hereby required from time to time to exchange for buta^*^
such gold or silver for such bills at the value expressed on such bills;
and the bills so recieved in exchange shall be cancelled, accounted for,
and disposed of, in the manner directed by the sixth section of this act.
And be it further enacted by the authority aforesaid^ That if the treas- Bills to be
urer shall not by means of such exchange as aforesaid, have redeemed by Decern?
the whole of the said bills of credit on or before the first Monday of ber3i.i800.
November, in the year one thousand eight hundred, he shall, by adver-
tisements to be published in three of the news papers printed in this
State, require all persons having any of the said bills of credit in posses-
sion, to come and exchange the said bills for gold or silver, on or before
the last day of- December then next ensuing ; and if any of such bills
shall remain in circulation after the said last day of December, they shall
not be so exchanged, but shall nevertheless be recieved in all payments
into the treasury of this State.
And be it further enacted by the authority aforesaid^ That the treas- Expense of
urer shall pay the expences which shall accrue for engraving the plates, {JBis df-
procuring the paper, printing the bills, and inspecting the printer, and g^^.^
all other incidental expences which may arise in or about the execution
of this act; and also to each of the persons authorized to sign the bills
to be emitted by virtue of this act, at the rate of two shillings for every
hundred of the said bills which they shall respectively sign, and at the
rate of one shilling and six pence for every hundred of the said bills
which they shall respectively number; the accounts of the said expences
and charges being first audited by the auditor of this State, for the
time being.
And be it further enacted by the authority aforesaidy That if ^t any Mortgagors
time before a sale by the loan officers the respective mortgagors their SSm'®*
heirs or assigns shall pay to the loan officers the whole of the monies by landj «t
reason of the neglect to bring in and pay which such sale shall have been before sale
advertised, together with the expences of advertising, the loan officers oSioSS.
shall not proceed to a sale; and the several mortgagers and their respect-
ive heirs and assigns shall, on such payment be, with respect to the
equity of redemption, and their estate and right of in and to the mort-
gaged premises, restored to and be in the same condition as if there had
not been a neglect to bring in and pay the said monies, any thing in the
herein recited act to the contrary notwithstanding.
CHAP. 31.
AN ACT for apprehending and punishing disorderly persons.
Passed the 9th of February, 1788.
Be it enacted by the People of the State of New York represented in Disorderly
Senate and Assembly and it is hereby enacted by the authority of the same, 5rho*con-
That all persons who threaten to run away and leave their wives or chil- sidered as;
dren to the city or town, and all persons who shall unlawfully return to SJentof.
the city or town, from whence ihey shall respectively have been legally
removed by order of two justices of the peace, without bringing a certifi-
cate from the city or town whereto they respectively belong; and also
all persons, who not having wherewith to maintain themselves, live idle
644
LAWS OF NEW YORK.
[Chap. 31.
Commit-
ment aed
discharire
of offend-
General
sassloos,
puDlsh-
ment of
person
adjudged
dlsorderlf
by.
Id.
without employment, and also all persons who go about from door to
door or place themselves in the streets, highways or passages, to beg in
the cities or towns where they respectively dwell, and all juglers, and
all persons pretending to have skill in physiognomy, palmestry or like
crafty science or pretending to tell fortunes, or to discover where lost
goods may be found ; and all persons who run away ^nd leave their
wives or children, whereby they respectively become chargeable to any
city or town ; and all persons wandering abroad and lodging in taverns,
beer houses, out houses, market places or bams, or in the open air, and
not giving a good account of themselves, and all persons wandering
abroad and begging, and all idle persons not having visible means of
livelihood and all common prostitutes, shall be deemed and adjudged
disorderly persons; and it shall and may be lawful for any justice of
the peace to commit such disorderly persons (being thereof convicted
before him, by his own view or by the confession of such offenders
respectively, or by the oath of one or more credible witness or wit-
nesses) to the bridewell or house of correction of such city or town,
there to be kept at hard labour for any time not exceeding sixty days
or until the next general sessions of the peace to be holden in and for
the city or county in which such offence shall happen.
And whereas doubts have arisen and hereafter may arise, where au-
thority is given to any justice or justices of the peace to commit offend-
ers to the bridewell or house of correction for offences cognizable before
them out of the general sessions of the peace, how long offenders may
be there detained and in what matter treated, where the time and man-
ner of their punishment is not by law expressly directed, limited or
appointed; therefore
Be it further enacted by the authority aforesaid^ That where any
offenders shall be committed as aforesaid, by virtue of any law now in
being or hereafter to be made, other than in cases of petit larceny, and
the time and manner of their punishment is not expressly limited,
directed and appointed, the said justice or justices shall commit such
offender to the bridewell or house of correction, there to be kept to
hard labour until the next general sessions of the peace or until dis-
charged by a due course of law ; and it shall and may be lawful for two
justices (of whom the justice who committed such offender to be one)
to discharge such offender before the said general sessions of the peace,
if they shall see cause; and if he or she shall not be so discharged, the
said general sessions of the peace may either discharge him or her or
continue him or her in custody for such time as they shall see fit, not
exceeding six months.
And be it further enacted by the authority aforesaid. That where any
offender against this act shall be committed, as aforesaid, to the bride-
well or house of correction^ there to remain until the next general ses-
sions of the peace, and the justices at such sessions, shall, on examina-
tion of the circumstances of the case, adjudge such person to be a
disorderly person within the intent and meaning of this act, they may,
if they think convenient, order such disorderly person to be detained
and kept in the said bridewell or house of correction to hard labour,
for any further time not exceeding six months; and during the time of
such confinement, to be corrected by whipping in such manner and at
such times and places, as, according to the nature of such persons
offence, they in their discretion shall think fit.
And be it further enacted by the authority aforesaid. That where any
person offending against this act shall have been committed as aforesaid,
to the bridewell or house of correction, there to remain until the next
4
Chap. 31.] ELEVENTH SESSION. 645
general sessions of the peace, if upon the examination of the person so
committed as aforesaid, the last legal place of settlement of such person
cannot be found, the justice shall, at the said general sessions, order
such persons so to be detained and employed in the bridewell or house
of correction until they can provide for themselves or until the justices
of the peace at their next general sessions of the peace can place them
out in some lawful calling, as servants, apprentices, mariners or other-
wise; which the said general sessions of the peace are hereby impowered
to do, in such manner as they shall think fit.
j4nd be it further enacted by the authority aforesaid^ That the sev- JaiiF to be
eral goals in the respective cities and counties in this State, in which no houa^^of
bridewell or house of correction is or shall be built, shall be used and oorrectloji.
considered as houses of correction, for all or any of the purposes, in and
by this act directed, with respect to houses of correction and the gov-
ernment thereof, until there shall be such house or houses of correction
built as aforesaid; and the keepers of the respective goals, for the time
being, or such persons as they respectivelv shall appoint, shall be mas-
ters or keepers of such goals as houses of correction as aforesaid and
shall have the same authority and be under the same regulations, as in
this act are before given and provided respecting houses of correction;
and all and every person and persons ordered to 6e sent to a house of
correction according to this act, shall be sent to and received in such
goals respectively and there be kept, taken care of and governed accord-
ing to the directions of this act, until such bouse or houses of correc-
tion shall be provided as aforesaid.
And whereas there are sometimes persons, who by lunacy or other-
wise are furiously mad, or are so far disordered in their senses that they
may be dangerous to be permitted to go abroad ; therefore
Be it further enacted by the authority aforesaid^ That it shall and may iDMneper
be lawful for any two or more justices of the peace, where such luna- l^^ons'^for
tick or mad person shall be found, by warrant under their hands and tbesafe
seals, directed to the constables and overseers of the poor of the city or ^^^^^
town or some of them, to cause such person to be apprehended and
kept safely locked up in some secure place within such city, or within
the county in which such town shall lie, as such justices shall, under
their hands and seals, direct and appoint; and (if such justices shall
find it necessary) to be there chained, if the last legal place of settle-
ment shall be in such city or in any town within such county: And if
the last legal place of settlement of such person shall not be in such
city or county, then such person shall be sent to the place of his or her
last settlement in the manner directed in and by the laws relating to
the poor and shall be locked up or chained, by warrant from two jus-
tices of the city or county to which such person shall be so sent in
manner aforesaid. And the reasonable charges of apprehending, main-
taining, keeping and removing such person shall be satisfied and paid by
the overseers of the poor of the city or town in which such person shall
be legally settled as aforesaid, in the manner in and by the said laws
directed. Provided always^ that this act or any thing therein contained,
shall not extend or be construed to extend to restrain or abridge the v
power or authority of the chancellor of this State for the time being,
touching of concerning such lunaticks or to restrain or prevent any
friend or relation or such lunatick from taking them under their own
care and and protection. \
And whereas k often happens that disorderly persons wander from '
the places of their legal settlement and are in circumstances sufficient |
to pay for their passage or journey home ; therefore
6f6 LAWS OF NEW YORK. [Chap. 32.
Disorderly Be it further enacted by the authority aforesaid. That it shall be lawful
ord^d re- ^^^ ^^Y justice or justices of the peace, before whom any such disorderly
IS'iwvhed P^^^^^ ^^^^^ ^^ brought, to order such disorderly person to be searched
and his or her bundle to be inspected, by a constable or overseer of the
poor of such city or town, in the presence of such justice; and if it shall
appear that any such disorderly person hath sufficient wherewithal to
pay his or her passage or journey, either in the whole or in part, to the
city or town to which he or she shall belong, then the said justice or
justices shall order so much of the money so found to be paid, or other
effects found with and upon such disorderly j>erson, to be sold and
employed, for and towards the expence of taking up and passing such
disorderly person to his or her last legal place of settlement ; returning
the overplus (if any there be) after deducting the charges of such sale,
to such disorderly person.
CHAP. 32.
AN ACT concerning amendments and jeofails.
Passed the 20th of February, 17S8.
Mispiision Be it enacted by the People of the State of New York represented in
not to ^ Senate and Assembly and it is hereby enacted by the authority of the same,
affect That by the misprision of a clerk in any place wheresoever it be, no record
recordT ° or process shall be annuled or discontinued, by mistaking, in writing one
syllable, or one letter, too much or too little: But as soon as the thing
is preceived by challenge of the party or in other manner, it shall be
immediately amended in due form without giving advantage to the party
that challengeth the same because of such misprision. And the justices
or judges before whom such plea or record is made or shall be depend-
ing, as well by adjournment, as by way of error, or otherwise, shall have
power and authority to amend such record and process, as well after
judgment as before judgment given, in any such plea, record or process.
Court may as long as the same record and process is before them. And further,
amend- ^^^^ ^^e judges and justices of the courts and places in which any record,
™«njojf process, declaration, count, plea, warrant of attorney, writ, pannel or
records, return, is or may be, while the same remains before them, shall have
power to examine such records, declarations, counts, pleas, warrants of
attorney, writs, pannels and returns by them and their clerks and to
reform and amend (in affirmance of the judgments of such records and
process) all that which to them, in their discretion shall seem to be
misprision of the clerks in such record, process, declaration, count, plea,
warrant of attorney, writ, pannel or return, so that by such misprision
of the clerk no judgment shall be reversed nor annulled. And if any
record, process, declaration, count, plea, warrant of attorney, writ, pannel
or return be certified defective, otherwise than according to the writing
which thereof remaineth in the offices, court, or places from whence they
be certified, the parties, in affirmance of the judgments of such records
and process, shall have advantage to alledge that the same writing is
variant from the said certificate, and that being found and certified, the
same variance shall be, by the said judges or justices, reformed and
amended according to the first writing. And moreoi^er, that the judges
and justices, before whom any misprision or default is or shall be found
in any record or process, which now is or hereafter shall be depending
.before them or any of them, as well by way of error as otherwise, or in
Chap, s^^] ELEVENTH SESSION. 647
the returns ok tne same, made or to be made by sherifs, coroners, or any
other, by misprision of the clerks of any of the said courts, or by mis-
prision of the sherifs, under sherifs, coroners, or their clerks, or other
officers, clerks, or other ministers whatsoever, in writing one letter or
one syllable too much or too little, shall have power to amend such
defaults and misprisions, according to their discretion and by examina-
tion thereof by the said judges and justices to be taken, where they shall
think needful. And also that all such amendments may be made as well
after a judgment given upon verdict, confession, nihil dicit, or non sum
informatus, as upon matter of law pleaded.
And be it further enacted by the authority aforesaid^ That for error Judgment
assigned or to be assigned in any record, process, warrant of attorney, JJnniiied
writ original or judicial, pannel or return, for that in any places of the forcorreo-
same there be rasures or interlineations, or that there be any addition, Record?
subtraction or diminution of words, letters, or titles or parcel of letters,
found in any such record, process, warrant of attorney, writ, pannel or
return, no judgment or record shall be reversed or annulled. v
And be it further enacted by the authority aforesaid^ That the record id.
and process of pleas real and personal and of assises and certifications
whereof judgment is given and inrolled or things touching such plea
shall in no wise be amended nor impaired by new entering of the clerks,
either by the record, or things certified, in no term after that such judg-
ment in such pleas is given and inrolled.
And be it further enacted by the authority aforesaid, That all pleas Pleas to be
which shall be pleaded in any courts whatsoever in this State, shall be InSi^h *"
pleaded, shewed, defended, answered, debated, judged, entered, and language,
inrolled in the English tongue. And that all writs, process, and returns
thereof, and all proceedings thereon, and all pleadings, ^ules, orders,
indictments, informations, inquisitions, presentments, verdicts, prohi-
bitions, certificates and all patents, charters, pardons, commissions,
records, judgments, recognizances, bonds, rolls, entries, fines and recov-
eries and all proceedings relating thereunto, and all proceedings what-
soever in any courts of justice in this State, shall be in the English
tongue and language only, and shall be written or printed in a good
strong legible hand and character and in words at length and not abbre-
viated, except such abreviations as are now commonly used in the
English language: But it shall and may be lawful to express numbers
by figures, in like manner as hath been heretofore, or is now, commonly
used in the said courts respectively and to express the proper and known
names of writs or other process or technical words in the same language
as hath been commonly used, so as the same be written or printed in a
common legible hand or character.
And be it further enacted by the authority aforesaid. That no person Use of
shall be prejudiced by the antient terms and forms of pleaders, so that J^,^®8"not
the matter of the action be fully shewed in the writ, declaration and to work
pleadings. T>r^^^^^\^.
And be it further enacted by the authority aforesaid, That if any issue Judgment
hath been or hereafter shall be tried by the oath of twelve men or more, J^red trier
for the party plaintiff or demandant, or for the party tenant or defendant, verdict,
bailiff in assise, vouchee, prayee in aid, or tenant by receit, in any man- suildinir
ner of action, suit, bill, plaint, or demand in any court of record, then pjj^"^ ^^
the judges or justices, by whom judgment thereof ought to be given, against
shall proceed and give judgment in the same, any mispleading, lack of ^JJSiJt I
colour, insufficient pleading, or jeofail; any miscontinuance or discon- ""dowd-
tinuance, or misconceiving of process, misjoining of the issue, lack of
warrant of attorney of the party against whom the issue shall happen to
648 LAWS OF NEW YORK. [Chap 32.
be tried; or any other default or negligence of any of the parties or of
their counsellors, or attornies, had or made, to the contrary notwith-
standing: And the judgments thereof so to be had, and given, shall
stand in full strength and force to all intents and purposes, according
to the said verdict, without any reversal or undoing of the same by writ
of error or otherwise, in like form as though no such default or negli-
id., not- gence had ever been had or committed. And further, that if any
h/|J d^efauit verdict of twelve men or more hath been or shall be given in any action,
'Q'onjjiu suit, bill, plaint, or demand in any court of record, the judgment there-
^^ * upon shall not be stayed or reversed, by reason of any default in form,
or lack of form, touching variance from the register, or other defaults in
form, in any writ original, or judicial, count, declaration, plaint, bill, suit
or demand; or for want of any writ original or judicial ; or by reason of
any imperfect or insufficient return of any sheriff or other officer; or
for want of any warrant of attorney or by reason of any manner of
default in process, upon or after any aid prayer, or voucher; nor shall
any such record or judgment, after verdict, be reversed for any of the
Id. defects or causes aforesaid. And moreover y that if any verdict of twelve
men or more hath been or hereafter shall be given for the plaintiff or
demandant or for the defendant or tenant, bailiff in assize, vouchee,
prayee in aid, or tenant by receit, in any action, suit, bill, plaint or
demand in any court of record, the judgment thereupon shall not be
stayed or reversed, by reason of any variance in form only between the
original writ, or bill, and the declaration, plaint, or demand; or for lack
of any averment of any life or lives of any person or persons, so as upon
examination, the said person be proved to be in life ; or by reason that
thie venire facias, habeas corpora, or distringas, is awarded to a wrong
officer upon any insufficient suggestion; or by reason that any of the
jury, which tried the said issue, is misnamed, either in the christian
name, sir name, or addition, in any of the said writs, or in any return
upon any of the said writs, so as upon examination it be proved to be
the same man who was meant to be returned; or by reason that there
is no return upon any of the said writs, so as a pannel of the names of
the jurors be returned and annexed to the said writ or writs; or for that
the sheriffs name, or other officers name, having the return thereof, is
not set to the return of any such writ, so as upon examination it be
proved that the said writ was returned by the sheriff or under sheriff, or
any such other officer; or by reason that the plaintiff in any action of
ejectment or in any personal action or suit (being an infant under the
age of twenty one years) did appear by attorney therein and the verdict
pass for him or her, and also that if any verdict of twelve men or more
hath been or shall be given in any action, suit, bill, plaint, or demand in
any court of record, the judgment thereupon shall not be stayed or
reversed for default in form or lack of form; or by reason that there are
no pledges, or but one pledge to prosecute returned upon the onginal
writ; or because the name of the sheriff is not returned upon such origi-
nal writ; or for default of entering pledges upon any bill or declaration;
or for default of alledging the bringing mto court any bond, bill, inden-
ture, or other deed whatsoever, mentioned in the declaration or other
pleading; or for default of alledging the bringing into court letters tes-
tamentary or letters of administration; or by reason of the omission of
the words " with force and arms " or " against the peace : " or for, or by
reason of the mistaking of the christian name, or sir name of the plain-
tiff or defendant, demandant or tenant, sum, or sums of money, day,
month, or year, by the clerk, in any bill, declaration, or pleading, where
the right name, sir name, sum, day, month, or year in any writ, plaint,
Chap. 32.] ELEVENTH SESSION. 649
roll, or record preceding, or in the same roll, or record, where the mis-
take is committed, is or are once truly and rightly alledged and to which
the party might have demurred and shewn the same for cause; nor for
want of the averment or words ** and this he is ready to verify," or " and
this he is ready to verify by the record,*' or for not alledging " as appears
by the record," or for that there is no right venue, so as the cause was
tried by a jury of the proper county or place where the action is laid;
nor shall any judgment after the verdict be reversed for want of entr-
ing that the person against whom such judgment is given " be in mercy *'
or, be taken," or by reason that the words ** be taken " are entered for
" be in mercy," or the words ** be in mercy," are entered for ** be taken,"
nor for that in the judgment the words " it is granted " are entered for
" it is considered " nor for that the increase of costs after a verdict in
any action, or upon a nonsuit in replevin, are not entered to be at the
request of the party to whom the judgment is given; nor by reason that
the costs in any judgment whatsoever are not entered to be by the con-
sent of the plaintiff ; but that all such omissions, variances, defects, and
all other matters of like nature not being against the right of the matter of
the suit, nor whereby the issue or trial are altered, shall be amended by
the justices or other judges of the courts where such judgments are or shall
be given or whereunto the record is or shall be removed by writ of error.
An/i be it further enacted by the authority aforesaid^ That where any Demurrer,
demurrer hath been or shall be joined and entered in any action or suit only ^''
in any court of record in this State, the judges or justices shall proceed ^f'^gH ^
and give judgment according as the very right of the cause and matter Ce^coSsid-
in law shall appear unto them, without regarding any imperfection, ^^^^*
omission, defect or want of form, in any writ, return, plaint, declaration,
or other pleading, process, or course of proceeding whatsoever, except
those only which the party demurring shall specially and particularly set
down and express, together with his demurrer as causes of the same,
notwithstanding that such imperfection, omission or defect might have
heretofore been taken to be matter of substance, so as sufficient matter
appear in the pleadings upon which the court may give judgment accord-
ing to the very right of the cause, and therefore no advantage or excep-
tion shall be taken of or for an immaterial traverse ; or of or for the
default of .entring pledges upon any bill or declaration; or of or for the
default of alledging the bringing into court any bond, bill, indenture, or
other deed whatsoever mentioned in the declaration or other pleading;
or of or for the default of alledging the bringing into court letters testa-
mentary, or letters of administration, or of or for the omission of the
words with force and arms " or ** against the peace *' or either of them;
or of or for want of the averment or words ** and this he is ready to
verify " or "and this he is ready to verify by the record; " or of or for
not alledging " as appears by the record; " but the court shall give judg-
ment according to the very right of the cause as aforesaid, without
regarding any such imperfections, omissions or defects, or any other
matter of like nature, except the same shall be specially and particularly
set down and shewn for cause of demurrer, and that no judgment shall
be reversed by any writ of error for any such imperfection, omission,
defect or want of form as is aforesaid, except such only as are before
excepted. And further^ that after demurrers joined the court where
the same are or shall be depending shall and may by virtue of thi^act,
from time to time, amend all and every such imperfections, omissions,
defects and want of form as are betore mentioned, other than those only
which the party demurring shall specially and particularly express and
set down together with his demurrer as aforesaid.
Vol. 2. — S2
650 LAWS OF NEW YORK. [Chap. 33.
Act to ex- And be it further enacted by the authority aforesaid^ That every thing
Judgment ^^^reii^ before contained shall extend to all judgments which have been
by ooofes- or shall be entered upon confession, nihil dicit or non sum informatus
®^*'"* in any court of record; and no such judgment shall be reversed nor any
judgment upon any writ of inquiry of damages executed thereon, be
stayed or reversed, for or by reason of any imperfection, omission, defect,
matter or thing whatsoever, which would have been aided and cured by
this act, in case a verdict of twelve men had been given in the said
action or suit, so as there be an original writ or bill duly filed according
to law.
Writs of And be it further enacted by the authority aforesaid^ That all writs of
amended** error wherein there shall be any variance from the original record or
to conform other defect, may and shall be amended and made agreeable to such
to rooo . j.g^Qj.^ ijy ^^ respective courts where such writ or writs of error are or
Judgment shall be made returnable. And that where any verdict hath been or
byVe^eot* ^^^ ^® given in any action, suit, bill, plaint, or demand in any court of
in writ record, the judgment thereupon shall not be stayed or reversed, for any
^^^ defect or fault, either in form or substance, in any bill, writ original or
judicial, or for any variance in such writs from the declaration or other
proceedings. '
To what And be it further enacted by the authority aforesaid^ That this act shaD
toexSnd? extend to all suits in any court of record for recovery of any debt due
to the people of this State, or for any debt duty or revenue belonging
to them. And also to all writs of mandamus and informations in the
nature of a quo warranto, and to the proceedings thereon. Provided
cUways
Act not to And be it further enacted by the authority .aforesaid^ That this act or
crim?nar ^^X thing therein contained shall not extend, to any writ, declaration or
suit of appeal of felony or murder; nor to any indictment or present-
ment of felony, murder, treason, or other matter, nor to any process
upon any of them; nor to any writ, bill, action, or information, upon
any popular or penal statute; nor to any outlawry or any process there-
upon or in order thereunto.
CHAP. 33.
AN ACT for giving relief on promissory notes.
Passed the 20th of February, 1788.
Promianory Be it enacted by the People of the StaU of New York represented in
22SShS)K ^^^^ ^^ Assembly, and it is hereby enacted by the authority of the same.
That all notes in writing already made or hereafter to be made, and
signed by any person or persons, or by the factor or agent of any mer-
chant or trader who is usually intrusted by him her or them to sign such
promissory note for him her or them whereby such person or persons,
his her or their factor or agent as aforesaid, doth or shall promise to
pay, to any other person or persons, body politic or corporate, his her
or their order, or unto bearer, any sum of money, mentioned in such note
shall be taken and construed to be by virtue thereof due and payable
to any such person or persons, body politic or corporate, to whom the
same is or shall be made payable; and also every such note payable to
any person or persons, body politic or corporate his her or their order,
shall be assignable or indorseable over, to any other person or persons,
body politic or corporate; and that the person or persons, body politic
Chap. 34.] ELEVENTH SESSION. 651
or corporate, to whom such sum of money is or shall be by such note
made payable, shall and may maintain an action for, and recover the
money -made payable by such note, against the person or persons, who,
or whose factor or agent as ^foresaid, signed the same; and that any
person or persons, body politic or corporate, to whom such note that is
payable to any person or persons body politic or corporate, his, her or
their order, is or shall be indorsed or assigned, or the money therein
mentioned ordered to be paid by indorsement thereon, shall and may
maintain his her or their action for such sum of money, either against
the person or persons, who, or whose factor or agent as aforesaid, signed
such note, or against any of the persons who indorsed the same; and in
every such action the plaintif or plaintifs shall recover his her or their
damages, and costs of suit ; and if such plaintif or plaintifs shall be non-
suited, or a verdict be given against him her or them the defendant or
defendants shall recover his her or their costs against the plaintif or
plaintifs ; and every such plaintif or plaintifs, or defendant or defend-
ants respectively recovering, may sue out execution for such damages
and costs, by capias ad satisfaciendum or fieri facias, as is usual in other
cases.
CHAP. 34.
AN ACT for preventing any inconveniences that may happen by
privilege.
Passed the 20th of Februar)', 17S8.
Be it enacted by the People of the State of New York represented in Aotloot
Senate and Assembly^ and it is hereby etiacted by the authority of the same^ membere
That from and after the passing of this act, any person or persons, shall of iheieg-
and may, commence and prosecute any action or suit, in any court of extern of
record in this State, against any senator or member of assembly for the priv>i«K«-
time being, or against their or any of their servants, or any other person,
entitled to the privilege of either house of the legislature, at any time
from, and immediately after, the prorogation or adjournment of the leg-
islature, until a new legislature shall meet, or the same be reassembled;
and from and immediately after any adjournment of both houses of the
legislature for above the space of fourteen days, until both houses shall
meet or reassemble; . and that the said respective courts of record shall
and may after such prorogation or adjournment as aforesaid, proceed to
give judgment, or to make final orders, decrees and sentences, and
award execution thereupon, as such court may now lawfully do, against
other persons liable to be arrested and imprisoned ; any law usage or
custom to the contrary thereof notwithstanding. Provided always^ that
no member of the legislature, or his servant or servants, shall be liable
to arrest, on any civil process, while coming to, or returning from, the
place where the legislature shall sit, to the place of such members resi-
dence, but such time of coming or returning, shall not exceed fourteen
days.
And be it further enacted by the aut?iority aforesaid^ That where any statute of
plaintif or plaintifs, shall by reason or occasion, of any privilege of either J!|^JSSj25f;
house of the legislature, be stayed or prevented from prosecuting, any ™°'*
suit by him her or them commenced, such plaintif or plaintifs, shall not
be barred by any statute of limitation, or nonsuited, dismissed, nor his,
her or their suit discontinued for want of prosecution, of the suit by him
652 LAWS OF xVEW YORK. [Chap. 35.
her or them begun, but may after the time aforesaid, be at liberty to
proceed to judgment and execution thereupon, as aforesaid.
And whereas it is just afid reasonable, that persons employed, in offices
and places of public trust, should at all times be accountable, for any
misdemeanors therein, and the public justice of the State requireth, a
vigorous prosecution of such offenders. Therefore
Actions Be it further enacted by the authority ajoresaid^ That any action or
public offl- suit, shall and may be commenced and prosecuted, in any court of
cgfoj record in this State, against any officer or person, intrusted, or employed
conduct in the revenue of this State, or any part or branch thereof, or in any
awed by Other office or place of public trust, for any forfeiture, misdemeanor, or
privilege, breach of trust, of, in, or relating to, such office or place of trust, or any
penalty imposed by law, to enforce the due execution thereof; and that
no such action, suit or' any other process, proceeding, judgment, or
execution thereupon, altho' such officer or person shall be, a member of
the senate or » assembly, shall be impeached, stayed or delayed, by or
under colouc,'of pretence, of any privilege of either house oif the legis-
ture.
CHAP. 35.
AN ACT to prevent excessive and deceitful gaming.
Passed the 20ih of February, 1788.
Whereas the laws now in force, for preventing the mischiefs which
happen by gaming have been found insufficient ; for remedy whereof.
Securltiee Be it enacted by the People of the State of New York^ represented in
lambiing Senate and Ahemblyy and it is hereby enacted by the authority of the same^
ciMwivoid. That all notes bills, bonds, judgments, mortgages or other securities or
' conveyances whatsoever, given, granted, drawn or entered into, or exe-
cuted by any person or persons whatsoever, where the whole or any
part of the consideration of such notes, bills, bonds, judgments, mort-
gages or other securities or conveyances, shall be for any money or other
valuable thing or things whatsoever, won by gaming* or playing at cards,
dice, tables, billiards, tennis, bowls, shuffle board, or other game or
games whatsoever ; or by betting on the sides or hands of such as do
play at any of the g'ames aforesaid; or for the reimbursing or repaying
any money, knowingly lent or advanced for such gaming or betting as
aforesaid, or lent or advanced at the time and place of such play, to any
person or persons so gaming or betting as aforesaid, or that shall during
such play so play or bet, shall be utterly void, frustrate and of none
effect, to all intents and purposes whatsoever; any law or usage to the
coatrary thereof in any wise notwithstanding. And that where such
mortgages, securities or other conveyances shall be of lands tenements
or hereditaments, or shall be such as incumber or affect the same, such ,
mortgages, securities or other conveyances, shall enure and be, to and^
for the sole use and benefit of and shall devolve upon such person or*
persons as should or might have, or be entitled to, such lands tenements
or hereditaments, in case the grantor or grantors thereof, or other per-
son or persons so incumbering the same, had been naturally dead; and
as if such mortgages, securities or other conveyances had been made to
such person or persons so to be intitled after the decease of the person
or persons so incumbering the same; and that all grants and convey-
ances to be made for the preventing of such lands, tenements or heredit-
Chap. 35.] ELEVENTH SESSION. 653
aments from coining to or devolving upon such person or persons,
hereby intended to enjoy the same as aforesaid, shall be deemed fraud-
ulent and void, and of none eflfeci, to all intents and purposes whatso-
ever.
And be it further enacted by the authority aforesaid^ That any person or Money lost
persons whatsoever, who shall at any time or sitting, by playing at cards, Siing^y
dice, tables, billiards, tennis, bowls, shuffle board or other game or^^jeco^-
games whatsoever, or by betting on the sides or hands of such as do
play at any of the games aforesaid, lose to any one or more person or
persons so playing or betting, in the whole the sum of ten pounds in
money, or any other thing or things of the value of ten pounds, or in
money and any other thing or things to the amount of ten pounds lawful
money of this State, and shall pay or deliver the same, or any part
thereof, it shall and may be lawful for the person or persons so losing
and paying or delivering the same money and other thing or things or
either of them, within three months next thereafter, to sue for and
recover the money, or value of the thing or things so lost, and paid or
delivered, or any part thereof, from the respective winner or winners
thereof, with costs of suit, by action of debt founded on this act, in any
court of record within this State having cognizance of the same: In
which actions it shall be sufficient for the plaintif or plaintifs, to alledge
in his or their declaration, that the defendant or defendants is or are
indebted to the plaintif or plaintifs in the monies so lost and paid, or
in the amount or value of the thing or things so lost and delivered, for
so much money had and received by such defendant or defendants to
the plaintifs use, whereby an action hath accrued to the plaintif or
plaintifs according to the form of this act, without setting forth the
special matter. And in case the person or persons who shall lose such
money or other thing or things as aforesaid, shall not, within, the time
aforesaid, really and bona fide and without covin or collusion, sue and
prosecute with effect for the money or other thing or things so by him
or them lost and paid or delivered as aforesaid, it shall and may be
lawful for any person or persons by any such action or suit as aforesaid,
to sue for and recover the same and treble the amount or value thereof,
with costs of suit, against such winner or winners as aforesaid ; the
one moiety of such forfeiture, when recovered, to be paid to the over-
seers of the poor of the city or town in which such offence shall be
committed, and the other moiety to the person or persons who will sue
for the same. And for the better discovery of the monies or other
thing or things so won and to be sued and recovered, as aforesaid.
Be it further enacted by t/ie authority aforesaid^ That all and every Defendant
person or persons, who by virtue of this act, shall or may be liable to {JJ,S2r^®'^
be sued for the same, shall be obliged and compellable to answer upon oath; de-
oath, such bill or bills as shall be exhibited and filed in any court forced.""
of equity against him or them for discovering the sum and sums of
money, or other thing or things so won at play as aforesaid, contrary to
the true intent and meaning of this act: And it shall and may be law-
ful for such court in which such bill shall be brought, exhibited and
filed, to proceed and decree thereupon, and enforce such decree or
decrees as shall be made in pursuance thereof in the same manner as is
practiced and used in other causes upon bills and answers depending
in the courts where such bill shall be so brought, exhibited and filed.
Provided always.
And be it further encuted by the authority aforesaid^ That upon the Repajr-
discovery and repayment, or re-delivery of the money or other thing or JSSney won
things so to be discovered and repaid or re-delivered as aforesaid, the at gam-
654 LAWS OF NEW YORK. [Chap. 35.
biing to person or persons who shall rediscover and repay or redeliver the same as
from^ther aforesaid, shall be acquitted, indemnified and discharged from any further
penalty, or Other punishment, forfeiture or penalty, which he, she or they may have
incurred by the playing for or winning such money or other thing or
things so discovered and repaid or redelivered as aforesaid, any former
law, or any thing in this act contained to the contrary thereof in any
wise notwithstanding.
Forfeiture And be it further enacted by the authority aforesaid^ That if any per-
n^n^over son or persons whatsoever, do or shall by any fraud or shift, cousenage,
;8io of one circumvention, deceit or unlawful device or ill practice whatsoever, in
fraudulent playing at, or with cards, dice or any of the games aforesaid, or in or
§eo?ared ^X bearing a share or part in the stakes, wagers or adventures in, or
iDfamouB. betting on the sides or hands of such as do or shall play as aforesaid,
win, obtain, or acquire to him or themselves, or to any other or others,
any sum or sums of money, or other valuable thing or things whatsoever,
. or shall at any one time or sitting, win of any one or more person or
persons whatsoever, above the sum or value of ten pounds; that then
every person or persons so winning by such ill-practice as aforesaid, or
winning at any one time or sitting above the sum or value of ten pounds,
and being convicted of any of the said offences upon any indictment or
information, to be exhibited against him, her or them for that purpose,
shall forfeit five times the value of the sum or sums of money or other
thing or things so won as aforesaid ; and in case of such ill practice as
aforesaid, the person or persons so winning as aforesaid, shall be deemed
infamous, and suffer such corporal punishment as in cases of wilful and
corrupt perjury; and such, penalty shall and may be recovered by any
person or persons who shall sue for the same in manner aforesaid, and
when recovered shall be appropriated as herein above directed.
Indictment And be it further enacted by the authority aforesaid^ That if any person
Bive^SS^ shall win or lose at play, or by betting, at any time, the sum or value of
biing. ten pounds or upwards, or within the space of twenty-four hours, the
sum or value of twenty pounds, such person shall be liable to be indicted
for such offence at any time within one year after it is committed, either
in the supreme court, or in any court of oyer and terminer and gaol
delivery ; and being thereof legally convicted, shall be fined five times
the value of the sum so lost or won ; which fine (after such charges as
the court shall judge reasonable to allow to the prosecutors and wit-
nesses out of the same) shall be paid to the overseers of the poor of the
city or town where such offence shall be committed, for the use of the
poor thereof. Provided always,
loformer And be it further enacted by the authority aforesaid^ That if any per-
from**** son so offending, shall discover any other person so offending, so that
penalty, guch person be thereupon convicted, the person so discovering shall be
discharged and indemnified from all penalties by reason of any such
offence, if such person so discovering hath not been before convicted
thereof, and he shall be admitted as an evidence to prove the same,
witnesses. And be it further enacted by the authority aforesaid^ That no person
or persons, other than the parties plaintif, or defendant in the cause,
shall be incapaciated from being a witness, touching any offence com-
mitted against this act, by reason of having played, betted, or staked at
any game prohibited by this act.
And whereas divers lewd and dissolute persons live at great expences,
having no visible estate profession or calling, to maintain themselves
but support those expences by gaming only; therefore
Dissolute Be it further enacted by tJu authority aforesaid^ That it shall and may
exaTinrna- be lawful, for any two or more justices of the peace in any city or county
Chap. 36.] ELEVENTH SESSION. 655
within this State, to cause to qome or be brought before them every per- tion of:
son within their respective cities or counties, whom they shall have just berequfred
cause to suspect to have no visible estate profession or calling to maintain fro"**
themselves by, but who do for the most part support themselves by
gaming; and if such person or persons shall not make it appear to such
justices that the principal part of his or their expences are not main-
tained by gaming, that then such justices shall require of him or them
sufficient sureties for his or their good behaviour for the space of twelve
months; and in default of his or their finding such sureties, to commit
him or them to the common gaol of the city or county, there to remain
until he or they shall find such sureties as aforesaid.
And be it further enacted by the authority aforesaid^ That' if such per- KecognU
son or persons so finding sureties as aforesaid, shall during the time for \^^^^ by^
which he or she shall to be so bound to the good behaviour at any one gambling,
time or sitting, play or bet for any sum or sums of money or other thing,
exceeding in the whole the sum or value of twenty shillings, that then
such playing shall be deemed or taken to be a breach of his her or their
good behaviour, and a forfeiture of the recognizance given for the same.
CHAP. 36.
AN ACT concerning distresses, and for the better security and
more easy recovery of rents and renewal of leases, and to pre-
vent frauds by tenants.
Passed the 2ist of February. 1788.
Be it enacted by the People of the State of New York^ represented in Excessive
Senate and Assembly^ and it is hereby enacted by the authority of the same^ iJIft to*be
That all distresses made or taken for any cause whatsoever, shall be taken
reasonable, and not too great; and whosoever shall take great and
unreasonable distresses shall be punished by fine for the excess of such
distresses, and shall answer the damages to the party aggrieved.
And be it further enacted by the authority aforesaid^ That no person Fine for
shall take any distress wrongfully, or distrain in the highway or common trSs? etc!"
street, or cause any distress that he or she shall take, to be driven out
of the county where it shall be taken ; and every person who shall do
so, of his or her own authority and without judgment, shall be pun-
ished by fine, as for a thing done against the peace and shall answer
the damages to the party aggrieved.
And be it further enacted by the authority aforesaid, That no person Distress
shall be distrained for any cause whatsoever, by his or her beasts of the 1" v'jed on
plough or sheep, or by the impliments of his or her trade, but until other impie-
distress or chattels where of the debt may be levied or sufficient for the trad? etc.,
demand, can be found, (except the distraining and impounding beasts b^g^other*
found on the ground of any person damage feasant, according to the goods,
custom of this State).
And be it further enacted by the authority aforesaid, That when any Beasts dis-
beasts are distrained for any cause whatsoever, they shall be put in open Ke^plft^^n^
pound, in the same county where they shall be taken; and they to whom open
the beasts do belong may give them their feeding without disturbance, ^"'^ '
so long as they shall be impounded.
And be it further enacted by the authority aforesaid. That where any ^Jj? r^to
goods or chattels shall be distrained for any rent reserved and due upon be sold ai
any demise, lease or contract whatsoever, and the tenant or owner of Vendue.
656
LAWS OF NEW YORK,
[Chap. 36.
Distress of
farm pro
ducts.
Distress
may be
kept on
premises
where lev-
ied until
sold.
Penalty
for pound
breach.
the goods so distrained, shall not; within five days next after such dis-
tress taken, and notice thereof; (with the cause of such taking) left at
the chief mansion house or other most notorious place on the premises
charged with the rent distrained for, replevy the same, with sufficient
security to be given to the sheriff according to law, that then in such
case, after such distress and notice as aforesaid, and expiration of the
said five days, the person distraining shall and may, with the sheriff or
under sheriff of the county, or with the constable or other officer of the
town or place where such distress shall be taken, (who are hereby
required to be aiding and assisting therein) cause the goods and chattels
so distrained, to be appraised by two sworn appraisers, (whom such
sheriff, under sheriff, constable or other officer as aforesaid are hereby
impowered to summon for that service, and to swear, well and truly to
appraise the same, according to the best of their understanding); and
after such appraisement, shall and may lawfully sell at public vendue
the goods and chattels so distrained, for the best price that can be gotten
for the same, (giving three days public notice) towards satisfaction of
the rent, for which the said goods and chattels shall be distrained, and
of the charges of such distress appraisement and sale; leaving the over-
plus, (if any) in the hands of the said sheriff, under sheriff, constable or
officer, for the owner's use.
VI. And be it further enacted by the authority aforesaid^ That it shall
be lawful for any person or persons, having rent in arrear and due upon
any such demise, lease or contract as aforesaid, to seize and secure any
sheaves or cocks of com, or corn loose, or in the straw, or hay lying or
being in any barn or granary, or upon any hovel, stack or rick, or else-
where upon any part of the land charged with such rent, and to lock up
or detain the same, in the place where the same shall be found, for and
in the nature of a distress, until the same shall be replevied, upon such
security to be given as aforesaid; and in default of replevying the same
as aforesaid, within the time aforesaid, to sell the same after the appraise-
ment thereof in manner as above directed. And further it shall be law-
ful for such landlord or lessor to take and seize as aforesaid, any cattle
or stock of such tenant or tenants, feeding or depasturing upon any
common appendant or appurtenant, or any ways belonging to the prem-
ises demised or holden; and also to take and seize all sorts of com and
grass, roots or other produce, growing or being thereon, as distress for
arrears of rent, and the same to cut, gather, make, cure, carry and lay
up, in some convenient place on the premises, and for want thereof, in
some other place to be procured by such landlord, (due notice of such
place being given to such tenant or lessee, or left at his place of abode)
and within the time and in manner herein before directed, to appraise
sell or dispose of the same.
VII. And be it further enacted by the authority aforesaid^ That it shall be
lawful for any person lawfully taking any distress, to impound or other-
wise secure the distress so made, of whatever nature or kind it may be,
in such place or on such part of the premises as shall be most conveni-
ent for the purpose, and to appraise, sell and dispose of the same upon
the premises, in like manner as any person taking a distress for rent may
do, off the premises, by virtue of this act. And it shall be lawful for
any person or persons to come and go, to and from such place or part
of the said premises, in order to view appraise and buy, and also to
carry off, and remove the same.
And be it further enacted by the authority aforesaid^ That upon any
pound breach, or rescouse of goods or chattels distrained for rent, the
person or persons grieved thereby shall, in a special action upon the
Chap. 36.] ELEVENTH SESSION. 657
case for the wrong thereby sustained, recover his and their treble dam-
ageSy and costs of suit, against the offender or offenders, in any such
rescouse or pound breach, any or either of them, or against the owner
of the goods distrained, in case the same be afterwards found to have
come to his use or possession. Provided always^ and
Be it further enacted by the authority aforesaid^ That in case any such AcUons of
distress and sale as aforesaid, shall be made by virtue or colour of this [/^S?" '^
present act, for rent pretended to be in arrear and due, where in truth illegal
no rent is in arrear or due, to the person or persons distraining, or to *™^
him or them in whose name or names, or right, such distress shall be
taken as aforesaid, that then the owner of such goods or chattels dis-
trained and sold as aforesaid, his executors or administrators, shall and
may, by action of trespass, or upon the case, to be brought against the
person or persons so distraining, any or either of them, his or their
executors or administrators, recover double of the value of the goods or
chattels so distrained and sold, together with full costs of suit.
And be it further enacted by the authority aforesaid^ That where any Illegal acta
distress shall be made, for any kind of rent justly due, and any irregu- ^n^p^^""
larity or unlawful act shall be afterwards done by the party or parties jj^er legal
distraining, or by his, her, or their agent or agents, the distress itself
shall not be therefore deemed to be unlawful, nor the party or parties
making it be deemed a trespasser or tresspassers ab initio: But the
party or parties aggrieved by such unlawful act, or irregularity, shall and
may recover full satisfaction for the special damages, he, she, or they
shall have sustained thereby, and no more, in an action of trespass, or
on the case, at the election of the plaintiff or plaintiffs: Proinded always^
that where the plaintiff or plaintiffs shall recover in such action, he, she,
or they shall be paid his, her or their full costs of suit, and have all the
like remedies for the same as in other cases of costs : But that no ten-
ant or tenants, lessee or lessees, shall recover in any action for any such
unlawful act or irregularity as aforesaid, if tender of amends hath been
made by the party or parties distraining, his, her or their agent or agents,
before such action brought.
And be it further enacted by the authority aforesaid^ That in all actions Actions of
of trespass, or upon the case, to be brought against any person or per- 1^^^*
sons intitled to any rents or services of any kind, his, her or their bailif Sefend-
1 !• 1' f ants in.
or receiver, or other person or persons, relating to any entry by virtue of
this act, or otherwise, upon the premises chargeable with such rents or
services, or to any distress or seizure, sale or disposal of any goods or
chattels thereupon, it shall and may be lawful to and for the defendant
or defendants in such actions, to plead the eeperal issue, and give the
special matter in evidence; any law or usage to the contrary notwith-
standing: And in case the plaintif or plaintifs shall become non suit,
discontinue his, her or their action, or have judgment against him, her
or them, the defendant or defendants shall recover double costs of suit.
XII. And be it further enacted by the authority aforesaid, That no goods Goods
or chattels whatsoever in or upon the demised premises, shall be liable to executTon
be taken by virtue of any execution, on any pretense whatsoever, unless {?^^q**]5j
the party at whose suit the said execution is sued out, shall, before the fromprem-
removal of such goods from off the said premises, by virtue of such exe- ren\^aid.
cution, pay to the landlord of the said premises, or his bailif all and
every sura or sums of money due for rent for the said premises, at the
time of the taking such goods or chattels, by virtue of such execution ;
provided the said arrears of fent do not amount to more than one years
rent; and in case the said arrears shall exceed one years rent, then the
said party at whose suit such execution is sued out, paying the said land-
VoL. 2.-83
658 LAWS OF NEW YORK. [Chap. 36.
lord or his bailif, one year's rent, may proceed to execute his judgment
as he might have done before the making of this act: And the sheriff
or other officer is hereby impowered and required to levy and pay to the
plaintiff as well the money so paid for rent, as the execution money.
Distress And be it further enacted by the authority aforesaid^ That in case any
m^e*^ such lessee for life or lives, term of years, at will, or otherwise, shall
within convey or carry off or from such demised premises, his or her goods or
afte/KooSs chattels, leaving the rent unpaid, it shall and may be lawful for such
removed, lessor or landlord, or any person or persons by him or her, for that pur-
pose lawfully empowered, within the space of thirty days next after such
conveying away, or carrying off such goods or chattels as aforesaid, to
take and seize such goods and chattels, wherever the same shall be
found, as a distress for the said arrears of rent; and the same to sell or
otherwise dispose of, in such manner as if the said goods and chattels
had actually been distrained by such lessor or landlord, in and upon
such premises, for such arrears of rent; any law, custom or usage to
the contrary in any wise notwithstanding. Provided na^ertheless^ that
nothing in this act contained shall extend or be construed to extend, to
impower such lessor or landlord to take or seize any goods or chattels
as a distress for arrears of rent, which shall be sold bona fide and for a
valuable consideration, before such seizure made, to any person not
privy to such fraud; any thing herein contained to the contrary notwith-
standing.
And to deter tenants from such conveying away their goods and
chattels, leaving the rent unpaid, and others from wilfully aiding or
assisting therein, or concealing the same:
Penalty for Be it further enacted by the authority aforesaid^ That if any such tenant
Joods*""* or lessee shall remove and convey away his or her goods or chattels as
aforesaid, or if any person or persons shall wilfully and knowingly aid
or assist any such tenant or lessee in such conveying away or carrying
off any part of his or her goods or chattels, or in concealing the same,
all and every person or persons so offending shall forfeit and pay to the
landlord or landlords, lessor or lessors, his, her or their heirs or assigns,
from whose estate such goods and chattels were so carried off as afore-
said, double the value of the goods by him her or them respectively
carried off, or concealed as aforesaid; to be recovered by action of debt
in any oourt of record.
Distress of And be it further enacted by the authority aforesaid^ That where any
goodt**^^ goods or chattels shall be conveyed or carried away as aforesaid, by
how made, any tenant or tenants, lessee or lessees, his, her or their servant or ser-
vants, agent or agents, or other person or persons, aiding or assisting
therein, shall be put, placed or kept in any house, bam, stable, out
house, yard, close or place, locked up, fastened or otherwise secured, so
as to prevent such goods or chattels from being taken and seized as a
distress for arrears of rent, it shall and may be lawful for the landlord
or landlords, lessor or lessors, his, her or their heirs or assigns, or his,
her or their steward, bailif, receiver or other person or persons impowered,
to take and seize, as a distress for rent, such goods and chattels (first
calling to his, her or their assistance, the constable or other peace officer
of the town or place, where the same shall be suspected to be concealed,
who are hereby required to aid and assist therein; and in case of a
dwelling house, oath being also first made, before some justice of the
peace, of a reasonable ground to suspect that such goods or chattels are
therein) in the day time to break open and enter into such house, bam.
stable, out-house, yard close or place, and to take and seize such goods
and chattels for the said arrears of rent as he, she, or they might have
Chap. 36.] ELEVENTH SESSION. 659
done by virtue of this act, if such goods and chattels had been put in
any open field or place.
XVI. And be it further enacted by the authority aforesaid^ That it shall Rent due
be lawful for any person or persons, having any rent in arrear or due for\lfef
upon a lease or demise for life or lives, to bring an action or actions of
debt for such arrears of rent, in the same manner as they might have
done in case such rent was due and reserved upon a lease for years.
AtuI whereaSy tenants pour autre vie, and lessees for years or at will,
frequently hold over the tenements to them demised, after the determi-
nation of such lease; and whereas after the determination of such, or
any other leases, no distress can by law be made for any arrears of rent
that grew due on such respective leases before the determination thereof;
for remedy whereof,
Be it further enacted by the authority aforesaid. That it shall be law- Distress
ful for any person or persons having any rent in arrear and due upon a ^JJar°* ^^
lease for life or lives, or for years, or at will, ended or determined, to after deters
distrain for such arrears after the determination of the said respective S FeMe."
leases, in the same manner as they might have done if such lease or
leases had not been ended or determined. Provided, that such distress
be made within the space of six kalender months after the determination
of such lease, and during the continuance of such landlord's title or
interest, and during the possession of the tenant from whom such arrears
became due.
And whereas by the common law, the executors or administrators of
tenants in fee simple, or for term of life, of rent service, rent charge,
rent seek and fee farms, have no remedy to recover such arrearages of
the said rents of fee farms, as were due unto their testators or intestates
in their lives, nor may the heirs of such testator, nor any person having
the reversion of his or her estate, after his or her decease, distrain or
have any lawful action to levy any such arrears of rents or fee farms ;
for remedy whereof,
Be it further enacted by the authority aforesaid, That the executors Exeoutoni
or administrators of every such person and persons, unto whom any Sratore,
such rent or fee farm is or shall be due, and not paid at the time of his, JJJ^areof'
her or their death, shall and may have an action of debt for all such rent by.
arrearages, against the tenant or tenants, who ought to have paid the
said rent or fee farms, so being behind in the life of the testator or intes-
tate, or against the executors or administrators of the said tenant or
tenants. And further, that it shall be lawful for every such executor
and administrator of any such person or persons unto whom such rent
or fee farm is or shall be due and not paid at the time of his, her or
their death as aforesaid, to distrain for the arrearages of all such rents and
fee farms, upon the lands, tenements and hereditaments, which were,
are, or shall be charged with the payment of such rents, or fee farms,
and chargeable to the distress of the testator, or intestate, so long as the
said lands tenements or hereditaments continue, remain and be, in the
seisin or possession of the said tenant in demesne, who ought imme-
diately to have paid the said rent or fee farm so being behind, to the
said testator or intestate, in his or her life time, or in the seisin or pos-
session of any other person or persons, claiming the said lands, tene-
ments and hereditaments, only by or from the said tenant by purchase,
gift or descent, in like manner and form as their testator or intestate
might or ought to have done in his or her life time, and the said execu-
tors or administrators shall for the same distress lawfully make avowry
upon their matter aforesaid, and make appraisement and sale of such
distress in the manner aforesaid.
660
LAWS OF NEW YORK.
[Chap. ^6,
Husband,
after death
of wife,
may re-
cover
arrears of
rent due
her.
Recovery
of reut of
fee farm
after death
of person
on whose
life rent
depended.
Double
yearly rent
value to be
recovered
for with-
holding
lands from
owner of
reversion
after deter-
mination
of life
estate.
Tenant
holdincr
over after
jrlving
notice of
intention
to quit.
And he it further enacted by the authority aforesaid, That if any man,
who now hath or shall hereafter have, in the right of his wife any estate
in fee simple, or for term of life, of or in any rents or fee farms, and the
same rents or fee farms now be, or hereafter shall be, due, behind and
unpaid in the said wife's life time, then the said husband, after the death
of his said wife, his executors or administrators, shall have an action of
debt for the said arrearages against the tenant of the demesne who
ought to have paid the same, his or her executors or administrators.
And further, that the said husband after the death of his said wife, may
distrain for the said arrearages in like manner and form as he might
have done, if his wife had been then living, and make avowry upon his
matter as aforesaid, and make appraisement and sale of such distress in
the manner aforesaid.
And be it further enacted by the authority aforesaid. That if any
person who now hath or hereafter shall have, any rents or fee farms for
term of life or lives, of any other person or persons, and the said rent
or fee farm now be, or hereafter shall be due and behind and unpaid,
in the life of such person or persons, for whose life or lives the estate of
the said rent or fee farm did depend or continue, and after the said per-
son or persons do die, then he or she to whom the said rent or fee farm
was due in form aforesaid, his or her executors or administrators, shall
and may have an action of debt against the tenant in demesne, who
ought to have paid the same, when it was first due, his or her executors
or administrators; and also may distrain for the same arrearages upon
the lands and temements out of which the said rents or fee farms were
issuing and payable, in such like manner and form as he or she ought or
might have done, if the person or persons, by whose death the aforesaid
estate in the said rents and fee farms determined and expired, were in
full life; and the avowry for the taking of the same distress to make in
manner and form aforesaid, and make appraisement and sale of such
distress in manner aforesaid.
And be it further enacted by the authority aforesaid^ That in case any
tenant or tenants for any term of life, lives or years, or other person or
persons, who are or shall come into possession of any lands, tenements
or hereditaments, by, from or under, or by collusion with such tenant or
tenants, shall wilfully hold over any lands, tenements or hereditaments,
after the determination of such term or terms, and after demand made,
and notice in writing given for delivering the possession thereof, by his
or their landlord or lessor, or the person or persons to whom the remain-
der or reversion of such lands, tenements or hereditaments shall belong,
his or their agent or agents thereunto lawfully authorized, then and in
such case such person or persons so holding over, shall, for and during
the time he, she or they shall go hold over or keep the person or persons
entitled out of possession of the said lands, tenements or hereditaments
as aforesaid, pay to the person or persons so kept out of possession, his,
her or their executors administrators or assigns, at the rate of double the
yearly value of the lands, tenements or hereditaments so detained, for
so long time as the same are detained; to be recovered in any court of
record in this State, by action of debt, whereunto the defendant or
defendants shall be obliged to give special bail; and against the recov-
ering of which said penalty there shall be no relief in equity.
And be it further enacted by the authority aforesaid, That in case any
tenant or tenants shall give notice of his, her, or their intention to quit
the premises, by him, her, or them holden, at a time mentioned in such
notice, and shall not accordingly deliver up the possession thereof, at
the time in such notice contained, that then the said tenant or tenants.
Chap. 36J ELEVENTH SESSION. 661
his, her or their executors or administrators, shall from thenceforward
pay to the landlord or lessor, his or her heirs or assigns, double the rent
or sum which he, she, or they should otherwise have paid; to be levied,
sued for and recovered at the same times, and in the same manner, as
the single rent or sum, before the giving such notice, could be levied,
sued for or recovered; and such double rent or sum shall be continued
to be paid during all the time such tenant or tenants shall continue in
possession as aforesaid.
And whereas great inconveniences may happen to lessors and land-
lords, in cases of re-entry for non payment of rent, by reason of tlie
many niceties that attend re-entries at common law, and forms much as
when a legal re-entry is made, the landlord or lessor must be at the
expence, charge and delay of recovering in ejectment, before he can
obtain the actual possession of the demised premises : For remedy
whereof,
Be it further enacted by the authority aforesaid^ That in all cases between Ujectment
landlord and tenant, as often as it shall happen, that one half years h^f y® arT
rent shall be in arrear, and the landlord or lessor to whom the same is rent is due
due hath right by law to re-enter for the non-payment thereof, such Sas ^^t
landlord or lessor shall and may, without any formal demand or re-entry, pj^g^ed*'^'
serve a declaration in ejectment for the recovery of the demised prem- ingafor.
ises, or in case tne same cannot be legally served or no tenant be in
actual possession of the premises, then affix the same upon the door of
any demised messuage, or in case such ejectment shall not be for the
recovery of any messuage, then upon some notorious place of the lands,
tenements or hereditaments comprised in such declaration in ejectment,
and such affixing shall be deemed legal service thereof : Which service
or affixing such declaration in ejectment, shall stand in the place and
stead of a demand and re-entry; and in case of judgment against the
casual ejector, or non suit for not confessing lease, entry and ouster, it
shall be made appear to the court where the said suit is depending, by
affidavit, or be proved upon the trial, in case the defandant appears,
that half a years rent was due before the said declaration was served,
and that no sufficient distress was to be found on the demised premises,
countervailing the arrears then due, and that the lessor or lessors in
ejectment had power to re-enter, then and in every such case the lessor
or lessors in ejectment shall have judgment and execution, in the
same manner as if the rent in arrear had been legally demanded
and re-entry made ; and in case the lessee or lessees, his, her or their
assignee or assignees, or other person or persons claiming or deriv-
ing title under the said lease, shall suffer judgment on such eject-
ment, and execution to be executed thereon, without paying the rent
and arrears, together with full costs, and without filing any bill or bills
for relief in equity, within six kalendar months after such execution
executed; then and in such case the said lessee or lessees, his, her or
their assignee or assignees, and all other persons claiming and deriving
title under the said lease, shall be barred and foreclosed from all relief
or remedy in law or equity, other than by writ of error for reversal of
such judgment, in case the same shall be erroneous; and the said land-
lord or lessor, shall from thenceforth hold the same demised premises,
discharged from such lease or contract; and if on such ejectment, a
verdict shall pass for the defendant or defendants, or the plaintif or
plaintifs shall be non suited therein, except for the not confessing lease,
entry and ouster, then and in every such case, such defendant or defend-
ants shall have and recover his, her and their full costs. Provided always^
that nothing herein contained shall extend to bar the right of any mort-
662 LAWS OF NEW YORK. [Chap. 36.
gagee or mortgagees of such lease or any part thereof, who shall not be
in possession, so as such mortgagee or mortgagees shall and do within
six kalender months after such judgment obtained, and execution exe-
cuted, pay all rent in arrear, and all costs and damages sustained by
such lessor or person or persons intitled to the remainder or reversion
as aforesaid, and perform all the covenants and agreements which on the
part and behalf of the first lessee or lessees, are and ought to be per-
formed.
Stay of XXIV. And be it further enacted by the authority aforesaid^ That in
Png» where ^^^^ ^^ ^^^^ lessee or lessees, his, her or their assignee or assignees or
rent claim- Other per^n or persons claiming any right, title, or interest in law or
mtocourt. equity, of, in or to the said lease, shall, within the time aforesaid, file
one or more bill or bills for relief in any court of equity, such person or
persons shall not have or continue any injunction against the proceed-
ings at law on such ejectment, unless he, she or they, do or shall, within
forty days next after a full and perfect answer shall be filed, by the lessor
or lessors of the plaintiff in such ejectment, bring into court and lodge
with the proper officer such sum and sums of money as the lessor or
lessors of the plaintiff in the said ejectment, shall, in his, her or their
answer swear to be due and in arrear, over and above all just allow-
ances, and also the costs taxed in the said suit, there to remain, until the
hearing of the cause, or to be paid out to the lessor or landlord, on good
security, subject to the decree of the court; and in pasesuch bill or bills
shall be filed within the time aforesaid, and after the execution is exe-
cuted, the lessor or lessors of the plaintiff shall be accountable only for
so much, and no more, as he, she or they shall really and bona fide
without fraud, deceit or wilful neglect, make of the demised premises,
froni the time of his, her, or their entring into the actual possession
thereof; and if what shall be so made by the lessor or lessors of the
plaintiff, happen to be less than the rent reserved on the said lease, then
the said lessee or lessees, his, her, or their assignee or asssignees, before
he, she, or they shall be restored to the possession or possessions, shall
pay such lessor or lessors or landlord or landlords, what the money so
by them made, fell short of the reserved rent for the time such lessor or
lessors of the plaintiff or landlord or landlords held the said lands.
Proinded always^ and
Pajment Be it further enacted by the authority aforesaid^ That if the tenant or
TOiiSr'ack* tenants, his, her, or their assignee or assignees, shall at any time before
tioD to be the trial in such ejectment, pay or tender to the lessor or landlord, his
u^oD. " executors or administrators, or his, her, or their attorney in that cause, or
pay into the court where .the same cause is depending, all the rent and
arrears, together with the costs, then and in such case all further proceed-
ings on the said ejectment shall cease and be discontinued; and if such
lessee or lessees, his, her or their executors, administrators or assigns,
shall, upon such bill filed as aforesaid, be releived in equity, he, she, or
they shall have, hold and enjoy the demised lands, according to the
lease thereof made, without any new lease to be thereof made to hira»
her, or them.
And, for making the renewal of leases more easy for the future ;
Surrender Be it further enacted by the authority aforesaid^ That in case any
^d takinl lease shall be duly surrendered in order to be renewed, and a new lease
outof new, made and executed by the chief landlord or landlords, the same new
• ect o . \^r^^^ shall, without a surrender of all or any the under leases, be as good
and valid to all intents and purposes, as if all the under leases derived
thereout, had been likewise surrendered at or before the taking of such
new lease ; and all and every person or persons in whom any estate
Chap. 36.J ELEVENTH SESSION. 663
for life or lives, or for years, shall from time to time be vested by virtue
of such new lease, and his, her and their executors and administrators,
shall be entitled to the rents, covenants and duties, and have like remedy
for recovery thereof, and the under lessees shall hold and enjoy the
demised premises respectively, as if the original leases, out of which
the respective under leases are derived, had been still kept on foot and
continued ; and the chief landlord or landlords shall have and be enti-
tled to such and the same remedy, by distress or entry in and upon the
demised premises, for the rents and duties reserved by such new lease,
so far as the same exceed not the rents and duties reserved in the lease
out of which such under lease was derived, as he, she or they would
have had in case such former lease had been still continued, or as he,
she or they would have had in case the respective under leases had been
renewed under such new principal lease; any law, custom, or usage to
the contrary hereof notwithstanding.
XXVII. And be it further enacted by the authority aforesaid^ That Executors
where any tenant for life shall happen to die, before or on the day on jj "to hive
which any rent was reserved or made payable, upon any demise or proportion
lease of any lands, tenements or hereditaments which determined oil SttTmeof^
the death of such tenant for life, that the executors or administrators of an®.J®J*^;^th
such tenant for life shall and may, in action on the case recover of and
from such under tenant or under tenants of such lands, tenements or
hereditaments, if such tenant for life die on the day on which the same
was made payable, the whole, or if before such day, then a proportion
of such rent, according to the time such tenant for life lived of the last
year, or quarter of a year, or other time in which the said rent was grow-
ing due as aforesaid, making all just allowances, or a proportionable part
thereof, respectively.
And whereas the possession of estates in lands, tenements and heredi-
taments is rendered very precarious, by the frequent and fraudulent
practice of tenants in attorning to strangers, who claim title to the
estates of their respective landlord or landlords, lessor or lessors, who
by that means are turned out of possession of their respective estates,
and put to the difficulty and expence of recovering the possession
thereof, by actions or suits at law ; for remedy whereof.
Be it further enacted by the autliority aforesaid^ That all and every such Attorn-
attornment or attornments of any tenant or tenants, of any messuages, Snan^not
lands, tenements or hereditaments, shall be absolutely null and void to to affect
all intents and purposes whatsoever, and the possession of their respect- SfS^oM
ive landlord or landlords, lessor or lessors, shall not be deemed or con-
strued to be in any wise changed, altered or affected by any such attorn- .
ment or attornments: Prmnded always, that nothing herein contained
shall extend to vacate or affect any attornment made pursuant to and
in consequence of some judgment at law, or decree, or order, of a court
of equity, or made with the privity and consent of the landlord or land-
lords, lessor or lessors, or to any mortgagee after the mortgage is become
forfeited.
And be it further enacted by the authority aforesaid^ That every ten- Tenant,
ant, to whom any declaration in ejectment shall be delivered, for any tiSS of^
lands, tenements or herditaments, shall forthwith give notice thereof to ejectment
his or her landlord or landlords, or his, her or their bailiff or receiver, notifyiand^
under penalty of forfeiting the value of three years improved or rack Jj*^,']^""
rent, of the premises so demised, or holden in the possession of such oeiver.
tenant, to the person of whom he or she holds, to be recovered by
action of debt, to be brought in any court of record within this State.
664
LAWS OF NEW YORK.
LChap. 37.
Landlord
may join
himself
with ten-
ant as de*
fendant.
Aotion on
the case
for lauds
held and
occupied.
And be it further enacted by the authority aforesaid^ That it shall be
lawful for the court, where such ejectment shall be brought, to suffer the
landlord or landlords to make him, her, or themselves defendant or
defendants, by joining with the tenant or tenants, to whom such decla-
ration in ejectment shall be delivered, in case he or they shall appear;
but in case such tenant or tenants shall refuse or neglect to appear,
judgment shall be signed against the casual ejector for want of such
appearance. But if the landlord or landlords of any part of the lands,
tenements or herditaments, for which such ejectment was brought, shall
desire to appear by himself, herself or themselves, and consent to enter
into the like rule, that by the course of the court the tenant in posses-
sion, in case he or she had appeared, ought to have done; then the
court where such ejectment shall be brought, shall and may permit such
landlord or landlords so to do, and order a stay of execution upon such
judgment against the casual ejector, until they shall make further order
therein.
And to obviate some difficulties that many times occur in the recov-
ery of rents, where the demises are not by deed;
• Be it further enacted by the authority aforesaid^ That it shall be lawful
to and for the landlord or landlords, his, her or their heirs or assigns,
where the agreement is not by deed, to recover a reasonable satisfaction
for the lands, tenements or hereditaments held or occupied by the
defendant or defendants, in an action on the case, for the use and occu-
pation of what was so held and enjoyed; and if in evidence on the trial
of such action any parole demise, or any agreement (not being by deed)
whereon a certain rent was reserved, shall appear, the plaintiff in such
action shall not therefore be non-suited, but may make use thereof as
an evidence of the quantum of the damages to be recovered.
CHAP. 37.
Benefit of
clergy
abolished.
Crimes
whereof
the pun-
AN ACT for punishing treasons and felonies, and for the better
regulating the proceedings in case of felony.
Passed the 21st of pebruaty, 17 88.
Be it enctcted by the People of the State of New York^ represented in
Senate and Assembly^ and it is hereby enacted by the authority of the same,
That the privilege or benefit of the clergy heretofore allowed in crimi-
nal cases, shall be and hereby is taken away and for ever abolished.
And be it further enacted by the authority aforesaid^ That every person
who hereafter shall be in due form of law convicted or attainted of any
ishmentis manner of treason, murder, rape, buggery burglary; or of feloniously
death. taking any goods or chatties out of any church or place of public wor-
ship ; or of feloniously breaking any house, by day or by night, any
person being then in the same house where such breaking shall be com-
mitted and thereby put in fear or dread; or of robbing any person or
persons in his, her, or their dwelling house or dwelling place, the owner
or dweller in the same house or his wife or his or her children or ser-
vants or any or either of them then being within the same house or
place, where the robbery shall be committed and done, or any other
place within the precinct of the same house or dwelling place, whether
the owner or dweller in the same house, or his wife, or his or her chil-
dren or servants, or any or either of them then and there being shall
Chap. 37.J ELEVENTH SESSION. 665
be waking or sleeping; or of robbing any person, or of feloniously
taking away any goods or chattels being in any dwelling house, the
owner or any other person being therein and put in fear; or of robbing
any dwelling house, in the day time, any person being therein, or of
robbing any person or persons in or about any highway; or of willfully
burning any dwelling house, or any barn; or of any offence specified, in
the act entitled an act to prevent malicious maiming and wounding; or
of any offence specified in the act entitled an act for preventing and for-
gery punishing and counterfeiting; and every person who shall aid, abet,
assist, counsel, hire or command, any person or persons to commit any
of the said offences, and thereof be duly convicted or attainted, shall
suffer death for the same, and shall be hanged by the neck until he, she
or they shall be dead. And further^ that the judgments to be given in
all and every of the cases aforesaid shall invariably be that the person
so convicted or attainted shall be hanged by the neck, until he or she
shall be dead; any law, usage or custom to the contrary notwithstand-
ing. And moreover, that all and every person and persons who shall in
due form of law be convicted or attainted of any felony, other than such
as are herein before mentioned, shall, for the first offence, be punished by
fine, imprisonment, or corporal punishment, or by all or any of them, in
such manner as the justices before whom such conviction or attainder
shall be had, or who shall give judgment thereupon shall in their dis-
cretion think proper to direct and award, not extending to life or limb ;
and for any second offence or felony committed after such first con-
viction, every such offender shall suffer death, and shall have judgment
to be hanged by the neck, until he or she shall be dead; and shall be
accordingly hanged by the neck, until he or she shall be dead; but
nothing herein before contained shall extend to petty larceny, which is
the feloniously taking and carrying away the goods or chattels of another
of the value of five pounds or under.
III. And be it further enacted by the authority aforesaid, That the Where
law relative to the piene fort et dure shall be and hereby is abolished ; S?cted '^
and that in all cases of treason or felony, where the party indicted shall, ''^"f *
on being arrainged obstinately stand mute, or refuse to plead and be proce^^^
tried in due course of law, such obstinately standing mute or refusal to plSof m)t
plead and be tried as aforesaid, shall be adjudged to amount to and be guuty
a proper traverse or denial of the facts charged in the indictment;
and the trial shall thereupon proceed in like manner, and the record
shall be in the same form, and the same judgment shall be given against
the said party, if found guilty, as if he or she had on being arraigned
pleaded not guilty, and for trial had put himself or herself on the
country; any law to the contrary notwithstanding.
And be it further enacted by the authority aforesaid, That the clerk of cierka to
the supreme court, the clerks of every circuit court, and court of oyer Sf^Jj.^"*^
and terminer and goal delivery, and the clerks of the peace for the chequer
time being, where any attainder, outlawry or conviction, of any person Sttainder
or persons for any manner of treason, murder, rape, buggery, burglary, 515^^^^
robbery or other felony shall "be had, shall, without fee or reward, certify
into the court of exchequer at the next term, there to remain of record
for ever, a transcript briefly and in few words containing the tenor and
effect of every such attainder, outlawry or conviction, and of the indict-
ment or appeal upon which the same shall be so had ; that is to say, the
name, sirname and addition of every such person so convicted, outlawed
or attainted, and the certainty of the said felony or other offence where-
upon he or she shall be so convicted, outlawed or attainted, and the day
and place of the conviction, outlawry or attainder, and before whom
Vol. 2.-84
6G6
LAWS OF NEW YORK.
[Chap. 37.
Trial for
BtealiDg iQ
one oouQty
where
proof
shows rob-
bery In
another
county.
Death sen-
tence to
work for-
feiture of
estate.
Attainder
not to cor-
rupt blood
or forfeit
dower of
wife.
Murder
and poison-
ing, indict-
the same was had, and the day and place where and when the said felony
or other offence was done, and the judgment thereupon given, upon pain
to forfeit, for every omission, or neglect, the sum of ten pounds to the
people of this State. And the clerk of the court of exchequer shall
receive all such certificates, and transcripts when the same shall be pre-
sented and offered to him by any of the respective clerks aforesaid, or
by his or their deputy or deputies, without taking any thing for the
same; and shall at all times, without fee or reward, when requested by
the attorney general of this State, or by any prosecutor against any per-
son named in any such certificate or transcript, for any second offence,
make and deliver to the attorney general or prosecutor, a true copy of
such certificate or transcript certified under his hand and the exchequer
seal ; and every such copy so certified shall be good evidence of such
former conviction, outlawry or attainder.
And be it further enacted by the authority aforesaid^ That if any per-
son or persons shall be indicted of felony, for stealing of any goods or
chattels in any county of this State, and thereof be convicted or attainted,
if it shall appear upon evidence and be found by the jury, that the said
goods or chattels were taken by robbery or burglary, or in any other
manner in any other county, whereof if such person or persons had been
convicted by a jury of such other county, he, she or they would by
virtue of this or any. other act now in force, or hereafter to be made, be
liable to suffer death, then alnd in every such case, judgment shall be
given that the said offender or offenders shall be hanged by the neck,
until he, she or they shall be dead; and such offender and offenders
shall be put to death accordingly.
And be it further enacted by the authority aforesaid^ That every person
who shall in due form of law be convicted or attainted of any manner
of treason, murder, rape, buggery, burglary, robbery or other felony,
for which he or she ought, or is or shall be by any law of this State now
in force, or hereafter to be made, liable to suffer death, shall forfeit to
the people of this State, all his, or her goods and chattels, and also all
such lands, tenements, and hereditaments, which any such offender shall
have of any estate of inheritance, in his or her own right, in use or pos-
session, and all rights, entries, conditions, reversions and remainders,
of, in or to, any lands, tenements, or hereditaments, at the time of any
such offence committed, or at any time after. And the people of this
State, without any office or inquisition to be found, shall be deemed and
adjudged in the actual and real possession of the lands, tenements
hereditaments, uses, goods, chattels and all other things, of the offenders
so convicted, or attainted which the people of this State ou^ht lawfully
to have, and which the offenders so being con-victed or attainted ought
to lose and forfeit, or might lawfully lose and forfeit; saving to every
person and persons, and to his, her and their heirs and successors, other
than the offenders and their heirs, and such person and persons as claim
to the use of any such offender or offenders, all such rights, titles, inter-
est, possessions, leases, rents, reversions, offices and other profits, which
they or any of them shall have at Uhe day of committing any such
offence, or at any time after, in as large and ample manner, as if this
clause of this act, had not been made.
VII. And be it further enacted by the authority aforesaid^ That no
Attainder of any person or persons, of or for any manner of treason or
felony whatsoever, shall hereafter extend to corrupt the blood of the
offender, or to forfeit the dowery of his wife.
VIII. And be it further enacted by the authority aforesaid, That where
any person hereafter shall be feloniously stricken or poisoned in one
Chap. 37.J ELEVENTH SESSION. 667
county, and die of the same stroke or poisoning in another county, then an ment and
indictment thereof found by jurors of the county where the death shall b2ln™*^
happen, whether it shall be found before the coroner, upon the sight of county
such^dead body, or before the justices of the peace, or other justices or doneor^'
commissioners, who shall have authority to inquire of such offences, JJ^®^*JJ|J^"
shall be as good and effectual in the law, as if the stroke or poisoning ,
had been given, committed and done in the same county where the party
shall die, or where such indictment shall be so found. And further that
the jlistices of goal delivery, and justices authorised or assigned to hear
and determine, in the same county where such indictment at any time
hereafter shall be taken, and the justices of the supreme court, where
such indictment shall be taken or removed before them, shall and may
proceed upon the same in all points, as they should or ought to do in
case such felonious stroke and death thereby ensuing, or poisoning and
death thereof ensuing, had grown all in one and the same county. And
moreover^ that such party, to whom appeal of murder is or shall be given
by the law, may commence, take and sue appeal of murder in the same
county where the party feloniously stricken or poisoned shall die, as well
against the principal and principals, as against every accessary to the
same offences, in whatsoever county or place the accessary or acces-
saries shall be guilty to the same. And the justices before whom any
such appeal shall be commenced, sued and taken, within the year and
day after such murder and manslaughter committed and done, shall pro-
ceed against all and every such principal and principals, accessary and
accessaries, in the same county where such appeal shall be so taken, in
like manner and form, as if the same offence or offences had been com-
mitted and done in the same county where such appeal shall be so taken,
as well concerning the trial by the jurors of the county where such
appeal or appeals shall be taken, upon the plea of not guilty pleaded by
such offender or offenders, as otherwise. And further y that where any
murder or felony shall be committed and done in one county, and
another person or more persons shall be accessary or accessaries in any
manner of wise to any such murder or felony in any other county, then
an indictment found and taken against such accessary and accessaries
upon the circumstance of such matter before the justices of the peace,
or other justices or commissioners having authority to inquire of felonies
in the county where such offences of accessary or accessaries in any
manner or wise shall be committed or done, shall be as good and effec-
tual in the law, as if the said principal offence had been committed or
done within the same county where the same indictment against such
accessary shall be found; and the justices of goal delivery, or justices
authorised or assigned to hear and determine, or any two of them, of or
in such county where the offence of any such accessary shall be com-
mitted and done, upon suit to them made shall write to the clerk or
keeper of the records where such principal shall be attainted or con-
victed, to certify then whether such principal be attainted, convicted or
otherwise discharged of such principal felony, who, upon such writing
to them or any of them directed, shall make sufficient certificate in
writing, under his or their seal or seals, to the said justices, whether such
principal be attainted, convicted or otherwise discharged, or not; and
after that they that so shall have the custody of such records do certify
that such principal is attainted, convicted or otherwise discharged of
such offence by the law, then the justices of goal delivery or justices
authorized or assigned to hear and determine such offences, or other
justices thereunto authorized shall proceed upon every such accessary
in the county where such accessary or accessaries became accessary, in
668
LAWS OF NEW YORK.
[Chap. 37.
Theft of
chose in
action pun-
ishable
same as of
money.
such manner and form, as if both the principal offence and accessary
had been committed and done in the said county where the offence of
accessary was or shall be committed or done; and that every such acces-
sary and other offenders above expressed, shall answer upon their arraign-
. ments, and receive such trial, judgment, order, and execution, and such
forfeitures, pains and penalties, as is used in other cases of felony.
IX. A?id be it further enacted by the authority aforesaid^ That if any
person or persons shall steal or take by robbery any t)ill of exchange,
bond, order, warrant, bill or promissory note, for payment of any money,
or any certificate, or other public security issued or to be issued by the
authority of the United States in Congress assembled, or by authority of
the legislature of this State, for payment of money, or acknowledging
the receipt of money or goods, being the property of any other person
or persons, or of any corporation, notwithstanding any of the said par-
ticulars are or may be termed in law a chose in action, it shall be deemed
and construed to be felony of the same nature, and in the same degree,
and in the same manner, as it would have been if the offenders had stolen
or taken by robbery any other goods of like value, with the money due
on such bill, bond, order, warrant or note or certificate, or other public
security, or secured thereby and remaining unsatisfied; and such offender
shall suffer such punishment as he or she should or ought to have done
if he or she had stolen other goods of the like value with the money due
on such bill, bond, order, warrant or note or certificate, or public secu-
rity respectively, or secured thereby and remaining unsatisfied.
X. And be it further enacted by the authority aforesaid^ That if any
person shall buy or receive any goods or chattel of any value whatso-
ever, that shall be feloniously taken or stolen from any other person,
knowing the same to be stolen, he or she, shall be taken and deemed an
accessary to such felony after the fact, and shall incur the same punish-
ment as an accessary to the felony after the felony committed. And
further that it shall and may be lawful to prosecute and punish every
such person buying or receiving any stolen goods, knowing the same to
be stolen, as for a misdemeanor, to be punished by fine and imprison-
ment, although the principal felon be not before convicted of the said
felony, which shall exempt the offender from being punished as acces-
sary, if the principal shall be afterwards convicted; any law to the con-
trary notwithstanding.
XI. And be it further enacted by the authority aforesaid^ That if any
principal felon shall be convicted of any felony, it shall and may be law-
ful to proceed against any accessary either before or after the fact, in
the same manner as if such principal felon had been attainted thereof,
notwithstanding any such principal felon shall be pardoned or otherwise
delivered before attainder; and every such accessary shall suffer the
same punishment if he or she be convicted, as he or she should have
suffered, if the principal had been attainted.
And be it further enacted by the authority aforesaid^ That the justices
dVrect uial o^ the supreme court shall have full power and authority by their dis-
of crimes cretion to remand and send down as well the bodies of all felons and
wherecom- murderers brought or removed, or that shall be removed or brought
mitted. before the people of the State of New York, in their supreme court, as
the indictments against such felons and murderers, into the said coun-
ties where the same murders and felonies were or shall have been com-
mitted and done; and to command all justices of goal delivery, justices
of the peace, and all other justices and commissioners, having authority
to hear and determine the same felonies, and every of them, to proceed
and determine upon all the aforesaid bodies and indictments so removed,
RecelTinff
stolen
goods,
accessory
after the
fact.
Accessory
to be pros-
ecuted
though
principal
pardoned.
Supreme
court to
Chap. 37.] ELEVENTH SESSION. 669
according to law, in such manner as the same justices of goal delivery,
justices of the peace, or commissioners, or any of them might or should
have done, if the said prisoners or indictments had never been brought
into the said supreme court.
And be it further enacted by the authority aforesaid^ That no writs of Certiorari
habeas corpus or certiorari, shall be hereafter granted to remove any u^JerhMiS
prisoner out of any goal, or to remove any indictment, inquisition, recog- of justice
nizance, record or other thing, except the same writs be signed with the court^.'*™^
proper hand of one of the justices of the court out of which the same
writs shall be awarded ; and every such writ not signed as aforesaid shall
be void and of none effect.
XIV. And be it further enacted by the authority aforesaid^ That all Foreign
manner of foreign pleas triable by the country, hereafter to be pleaded JbleVyUie
by any person or persons arraigned upon any indictment or appeal, for country,
any treason, murder or felony, shall be forthwith tried before the same
justices before whom such person or persons shall be arraigned, and by
the same jurors of the same county that shall try the treason, murder or
felony, whereof he, she or they shall be so arraigned, without any further
respite or delay, in whatsoever county or counties, place or places, the
matter of the same pleas be supposed or alledged.
XV. And be it further enacted by the autlwrity aforesaid^ That no per-j>erenip-
son arraigned for any murder or felony, shall be admitted to any per- J^nje!*****
emptory challenge above the number of twenty; and if any person
arraigned for any murder or felony, shall peremptorily challenge above
the number of twenty of the jurors returned for the trial of such person,
such challenge shall be disallowed, and the trial shall proceed as if no
such challenge had been made.
And be it further enacted by the authority aforesaid^ That no indictor Indictor
of any person or persons for any crime or offence whatsoever, shall be Sn\riaP
put upon the inquest for the trial of such person or persons, if he be •'^^i™^
challenged for the same cause by him her or them so indicted.
And be it further enacted by the autlwrity aforesaid^ That every person Witneaaee
who shall be arraigned or tried of or for any felony, shall be admitted fensetcom-
to make any proof that he or she can produce, by lawful witness or wit- fendauMu"
nesses, who shall then be upon oath, for his or her just defence in that
behalf; and shall have the like process of the court where he or she shall
be tried, to compel his or her witnesses to appear for him or her at such,
trial as is usually granted to compel witnesses to appear against him or
her.
And be it further enacted by the authority aforesaid^ That from hence- Contents
forth the words " with force and arms " or any such like words, shall not men^for"
of necessity be put or comprized in any inquisition or indictment of trewon,
treason, murder, felony, trespass, or any other offence, and that no party felony, etc,
or parties being hereafter indicted of any offence, shall have or take any
advantage, by writ or writs of error, plea or otherwise, to annul or avoid 1
any such inquisition or indictment, for that that the words " with force
and arms," or any such like words, shall not be put or comprized in the
said inquisitions or indictments : But that the same inquisitions and
indictments and every of them lacking the said words " with force and
arms " or any such like words, shall from henceforth be taken, deemed
and adjudged, to all intents, constructions and purposes, as good and
effectual in the law, as the same inquisitions and indictments, having the
said words " with force and arms " comprized and put in every of the
same inquisitions and indictments, were or heretofore have been taken,
deemed or adjudged.
670
LAWS OF NEW YORK.
[Chap. 37.
Soien XIX. And be it further enactea-by the authority aforesaid^ That if any
feturn^^ felon OF felons, do rob or take awav any money, goods or chattels, from
owner on any person or persons, from the person or otherwise, and the said felon
of"eion^" or felons be thereof indicted, and after arraigned of the same felony and
found guilty thereof, or otherwise attainted, by reason of evidence given
by the party so robbed, or owner of the said money, goods or chattels,
or by any other, by his, her or their procurement, then the party so
robbed or owner, shall be restored to his or her said money, goods and
chattels ; and that as well justices of goal delivery as other justices
before whom any such felon or felons shall be found guilty, or other-
wise attainted, by reason of evidence given by the party so robbed, or
owner, or by any other, by his or her procurement, shall have power by
this act to award, from time to time, writs of restitution for the said
noney, goods and chattels, in like manner, as if such felon or felons
were attainted at the suit of the patty in appeal
And whereas^ the honest and faithful citizens of this State are often
harged and burthened in conveying felons and other malefactors and
offenders against the laws unto the goal, when the same offenders have
goods and chattels of their own whereby to defray the same charge
themselves, which tends to the encouragement of such offenders, and
^to the discouragement of the said honest and faithful citizens in prose-
cuting the said felons, malefactors and offenders.
Pereona XX. Therefore be it further enacted by the authority aforesaid^ That all
toTaii^for* and every person and persons whomsoever, who shall be committed to the
felony or common or usual goal in any city or county of this State, by any justice
meanorto or justices of the peace, for any felony, offence or misdemeanor, having
5JL^*I# means or ability thereunto, shall bear their own reasonable charges for
pense of ■' ,• i i •■■ « aii \ c
conveying SO conveymg or sendmg them to the said goal, and the charges also of
^ **"• such as shall be appointed to guard them to the said goal and shall
guard them thither; and if any such person so to be committed as afore-
said, shall refuse, at the time of his or her commitment and sending to
the said goal, to defray the said charges, or shall not then pay or bear
the same, then any justice or justices of the peace of the county shall
and may, by writing, under his or their hand and seal or hands and seals
after conviction of the person so committed give warrant to the con-
stable or constables or either of them, of the town or place where such
persons so committed shall dwell or inhabit, or where he or she shall
have any goods within the same city or county to levy by distress and
sale of the goods and chattels of the said person so to be committed, so
much money as by the discretion of the said justice or justices shall
satisfy and pay the charges of his or her conveying and sending to goal:
And when any person not having goods or money within the city or
county, where he or she shall be taken, sufficient to bear the charges of
himself or herself and of those who convey him or her, is committed to
goal, by warrant from any justice or justices of the peace, then, on
application by any constable or other officer who conveyed him or her to
goal as aforesaid, to any justice of the peace for the same city or county,
the justice shall, upon oath, examine into and ascertain the reasonable
allowances to be made to such constable or other officer, both for his
expences and trouble, the said allowance for trouble not to exceed six
pence for each mile that he shall travel to convey the said offender to
goal as aforesaid; and the said justice shall forthwith, without fee or
reward, by warrant under his hand and seal, order the treasurer of the
city or county to pay the same which the said treasurer is hereby required
to do, as soon as he receives such warrant and shall have monies in his
hands. And whereas many persons are deterred from prosecuting per-
Chap. 37.] ELEVENTH SESSION. 671
sons guilty of felony upon account of the expence attending such prose-
cutions which is a great cause and encouragement of felonies, in order
therefore to encourage the bringing offenders to justice;
XXI. Be it further enacted by the authority aforesaid^ That it shall and Court may
may be in the power of the court before whom any person shall have ^l^s^f"
been tried and convicted of any larceny or other felony, at the prayer prosecutor
of the prosecutor and on consideration of his circumstances, in open J^t^^^fd.
court, to order the treasurer of the city or county, in which the offence
shall have been committed, to pay unto such prosecutor such sum of
money as to the same court shall seem reasonable, not exceeding the
expences which it shall appear to the court the prosecutor was put unto
in carrying on such prosecution and making him a reasonable allowance
for his time and trouble therein, which order the clerk of such court is
hereby directed and required forthwith to make out and deliver to such
prosecutor, upon being paid for the same the sum of one shilling and
no more ; and the treasurer of such city or county is hereby authorized
and required upon sight of such order, or as soon after as he shall have
monies sufficient in his hands, forthwith to pay such prosecutor or other
person authorized to receive the same, such sum of money so ordered
to be paid as aforesaid.
And whereas the expence as well as loss of time in attending courts of
justice is a discouragement to the poorer sort to appear as witnesses
against offenders who thereby escape the public justice and the punish-
ment due to their crimes; therefore be it further enacted by ///^ Court may
authority aforesaid^ That when any poor person shall appear on recog- ^™^4 oV
nizance in any court to give evidence against another accused of any poor wit-
larceny or other felony, it shall and may be in the power of the court, be pafd.^
at the prayer and on the oath of such person and on consideration of
his or her circumstances, in open court, to order the treasurer of the
city or county in which the offence shall have been committed, to pay
unto such person such sum of money as to the said court shall seem
reasonable, for his or her time, trouble and expence ; which order the
clerk of such court is hereby directed and required forthwith to make
out and deliver to such person, without fee or reward and such treas-
urer is herereby authorized and required, upon sight of such order, or
as soon after as he shall have monies sufficient in his hands, forthwith
to pay to such person or other person authorized to receive the same,
such sum of money so ordered to be paid as aforesaid.
And be it further enacted by the authority aforesaid^ That the treas- Moneys
urer of each city and county shall be allowed in his accounts, all such coun^order
sums as he shall pay upon any such warrant or order as aforesaid, which to be a
sums shall be considered and deemed as part of the contingent charge chaie.
of such city or county ; and that the several treasurers may be enabled
to comply with such warrants and orders, the supervisors of the several
counties are hereby required to cause a sum sufficient for the purposes
aforesaid, to be raised, levied and collected in their respective counties,
yearly, in the same manner as the contingent charges of the same county
are to be raised, levied and collected.
672 LAWS OF NEW YORK. [Chap. 38.
CHAP. 38.
AN ACT concerning courts of oyer and terminer, and gaol
delivery.
Passed the 22nd of February, 1788.
Oyer and Be it enacted by the People of the State of New Yorky represented in
anTgaof Senate and Assenibly\ and it is hereby enacted by the authority of the same,
delivery. That the justices of the supreme court for the time being, or any or
what^ ' either of them, together with the mayor recorder and aldermen of the
constftute- ^^^^ ^^ New York for the time being, or any three or more of them, of
jurisdic- ' whom either of the justices of the supreme court shall always be one,
'*°'*' in and for the city and county of New York, and together with the
mayor, recorder and aldermen of the city of Albany for the time being,
and the judges and assistant justices of the court of common pleas of
the county of Albany for the time being, or any three or more of them,
of whom either of the justices of the supreme court shall always be one,
in and for the city and county of Albany, and together with the judges
and assistant justices of the respective courts of common pleas of each
and every of the other counties of this State, for the time being, or any
three or more of them, of whom either of the justices of the supreme
court shall always be one, in and for each of the same counties respect-
ively, shall be, and hereby are authorized and impowered, by virtue of
their respective offices, and this act, without any other commission, from
time to time for ever hereafter, at such times and places in each of the
said cities and counties respectively, as the same justices of the supreme
court, or any or either of them shall hold the circuit court in the same
cities or counties respectively, to enquire by the oath of good and law-
ful men of the same cities and counties respectively, and by other ways
methods and means, by whom and by which the truth of the matter
may be the better known, of whatsoever treasons, misprison of treasons,
insurrections, rebellions, murders, felonies, homicides, killings, burglar-
ies, rapes of women, counterfeitings, unlawful congregations and assem-
blies, misprisons, confederacies, false allegations, trespasses, riots, routs,
- extortions, escapes, contempts, falsities, negligencies, concealments,
maintenances, oppressions, champerties, conspiracies, deceits and other
misdoings, offences and injuries whatsoever, and also of the accessaries
to them, in the same cities and counties respectively, by whomsoever,
and howsoever, had, done, perpetrated or committed, or at any time
hereafter to be had, done, perpetrated or committed, and by whom, to
whom, when, where, and how, and in what manner ; and of all other
articles and circumstances concerning the premises and every of them,
or any one or more of them, in any manner whatsoever; and the said
treasons and other the premises to hear and determine according to the
law of this State, doing therein that which to justice doth or shall apper-
tain; and also to deliver the goals in the same cities and counties respect-
ively, of the prisoners therein then being, doing therein what to justice
doth or shall appertain, according to the law of this State. And further
that each and every of the said courts shall be held and continued in
each and every of the said cities and counties for so long time at each
session, as may be necessary to dispatch the business in the same city or
county, whether the circuit court for trial of issues in the same city or
county be then so long continued or not.
Chap. 38.] ELEVENTH SESSION. 673
And be it further enacted by the authority aforesaid^ That the sheriff Grand
of the city and county of New York for the time being, and the respect- pa^n'eitJTg
ive sheriffs of each and every of the other counties in this State, for the of.
time being, shall cause to come before the justices of the supreme court
for the time being, and such other persons as are by this act authorised
and empowered to inquire, hear and determine as aforesaid, and to deliver
the goals in the several cities and counties of this State respectively, as
aforesaid, or any three or more of them, of whom either of the justices
of the supreme court shall always be one, at every circuit court to be
held in the same cities and counties respectively, twenty four good and
lawful men of the same cities and counties respectively to inquire for
the people of the State of New York, and the bodies of the same cities
and counties respectively, and to do and receive all those things which
on the behalf of the people of the State of New York' shall be then and
there enjoined them; and also all the prisoners then being in the said
goals respectively, together with their attachments, indictments and all
other minuments any ways, concerning those prisoners; and likewise so
many good and lawful men of the same cities and counties respectively,
duly qualified to serve as jurors in the same cities and counties, as the
same justices of the supreme court, and other persons hereby are author-
ized and empowered to inquire hear and determine as aforesaid, and to
deliver the same, goals as aforesaid, or any three or more of them, of
whom either of the justices of the supreme court always to be one, shall
from time to time direct, by whom the truth of the matter may be the
better known and inquired into, and who have no affinity to those pris-
oners. And the said respective sheriffs shall cause to be publicly pro-
claimed throughout their respective bailiwicks and counties, that all
those who will prosecute against those prisoners be then and there to
prosecute against them, as shall be just; and shall also give notice to all
justices of the peace, coroners, bailiffs and constables within their respect-
ive bailiwicks and counties, that they be then and there in their own
persons with their rolls, records, indictments and other remembrances
to do those things which to their offices in that behalf shall appertain to
be done. And the said respective sheriffs and their respective under
sheriffs, together with their respective bailiffs and other officers shall
then and there attend in their own proper persons, to do those things
which to their offices do or shall appertain in that behalf to be done.
And further^ that the clerk of the supreme court for the time being shall Precept to
from time to time, as soon as conveniently may be after any and every ®**®''*"'-
circuit court shall be appointed to be held in the respective cities and
counties of this State, and at least fifteen days before the time of hold-
ing the said courts respectively, in the said respective cities and coun-
ties, issue precepts under the seal of the same supreme court, directed
to the respective sheriffs of the same cities and counties respectively, for
the purposes aforesaid, mentioning the day and place when and where
the same courts are to be held, and commanding the same sheriffs
respectively to do what is hereby required of them, and that the said
precepts shall always be in the name of the people of the State of New
York, and be tested in the name of the chief justice of the same supreme
court. Frmnded that in case the office of chief justice shall be vacant,
the precepts shall be tested in the name of the next senior justice of the
said supreme court.
And be it further enacted by the authority aforesaid^ That nothing in Mayor,
this act shall extend to authorize the mayor, recorder and aldermen of Jom^on'
the city of New York or any or either of them, to sit or act as justices p*^Ji®^*«
of the said courts of oyer and terminer and goal delivery or either of Sutof *
Vol. 2.-85
674
LAWS OF NEW YORK
[Chap. 38.
their re-
spective
counties.
Comrnls-
elons of
oyer and
terminer
IsHued by
the gov-
ernor.
them in any place out of the city of New York; nor to authorize the
mayor, recorder and Aldermen of the city of Albany*or any or either of
them, or the judges and assistant justices of the court of common pleas
of the county of Albany, or any or either of them, to sit or act as justices
of the said courts of oyer and terminer and goal delivery or either of
them, in any place out of the said county of Albany; nor to authorize
the judges and assistant justices of the courts of common pleas of any of
the other counties of this State, or any or either of them, to sit or act
as justices of the said courts of oyer and terminer and goal delivery or
either of them, in any place out of their respective counties.
And be it further enacted by the authority aforesaid y That it shall and
may be lawful for the person administering the government of this State
for the time being, by and with the advice and consent of the council of
appointment for the time being, to grant and issue commissions of oyer
and terminer and goal delivery, or either of them, in the manner and
form heretofore used, at any time or times hereafter, when and as often as
occasion shall require. But the justices of the supreme court for the
time being, shall always be named in such commissions, as the justices or
commissioners, with such others as the person administring the govern-
ment of this State, by and with the advice and consent of the council of
appointment may think proper, to execute the same: And no such
commission shall at any time be executed, nor any proceedings there-
upon had, without the presence of one or more of the justices of the
supreme court.
And be it further enacted by the authority aforesaid. That it shall and
may be lawful for the justices hereby authorised and empowered to
en'quire hear and detirmine felonies as aforesaid, and for all other jus-
tices who shall be duly assigned to hear and determine any such felo-
nies, to direct their writs into all whe cities and counties of this State
where need shall be to arrest and take such persons as shall be indicted
or appealed before them or any of them.
And be it further enacted by the authority aforesaid^ That no manner
of process or suit, made, sued or had, or hereafter to be made, sued or
had before any justice of assise, justices of goal delivery, oyer and ter-
miner, or other commissioners of the people of this State, shall in any
wise be discontinued by the making and publishing of any new commis-
sion or association, or by altering the names of the justices of assise,
goal delivery and oyer and terminer, or other commissioners, but that
the new justices of assise, goal delivery, oyer and tenpiner, and other
commissioners, shall and may proceed in every behalf as the old justices
and commissioners might have done, if their commissions and authority
had still remained and continued not altered.
And be it further enacted by the authority aforesaid. That in all cases
where any person or persons heretofore have been or hereafter shall be
found guilty of any manner of treason, murder, rape, or other felony
whatsoever; for which judgment of death should or may ensue, and
«hall be reprieved, without judgment ait that time given against him, her
or them, so found guilty, that those persons whc at any time hereafter
shall by virtue of this act delhrei the goal where any such person or
persons so found guilty shall remain, or those persons who shfldl at any
time thereafter by commission be assigned justices to deliver the same
goal, shall have full power and authority to give judgment of death
against such person and persons so found guilty and reprieved, as the
same justices before whom such person 01 persons was oi were found
guilty might have done, if their commission or authority had remained
and continued in full force and strength.
Chap. 40.! ELEVENTH SESSION. 675
And be it further enacted by the authority aforesaid^ That the justices of
assise, goal delivery, and oyer and terminer shall once in every year
send all their record and processes determined and put in execution to
the exchequer there to remain of record.
And be it further enacted by the authority aforesaid^ That no person
little or great shall sit upon the bench with the justices to take assises
or with the justices of oyer and terminer and goal delivery in their ses-
sions, upon pain of fine and imprisonment And the said justices are
hereby charged that they do not suffer any person to sit with them on
the bench in their session, contrary to the intent of this act.
And be it further enacted by the authority aforesaid^ That the said
courts of general goal delivery in the several cities and counties shall
have power to deliver the goals of those prisoners who shall be indicted
before the justices of the peace in the same cities and counties respec-
tively.
CHAP. 39.
AN ACT to continue the act for the appointment of an auditor,
and the settlement of the public accounts of this State.
Passed the 22d of February, 1788.
Be it enacted by the Pe<^le of the State of New Yorky represented in Ant nf-
Senate and Assembly ^ and it is hereby enacted by the authority of the same, audita
That the act entitled "An act further to continue and amend an act continued,
entitled an act for the appointment of an auditor and the settlement of
the public accounts of this State," shall be and hereby is continued in
full force and virtue to all intents and purposes, until the twenty first
day of March, which will be in the year of our Lord one thousand seven
hundred and ninety.
And be it further encuted by the authority aforesaid^ That the time Time for
limited for the payment of quit rents and commutation for annual quit q5fi?,Jnt8
rents, in and by the first section of the act entitled "An act to amend extended,
an act entitled an act for the collection and commutation of quit rents **
shall be, and hereby is extended to the first day of May which will be
in the year one thousand seven hundred and eighty nine. And further^
that it shall and may be lawful for the auditor of this State for the time
bein^, and he is hereby required, to do and perform every act, matter
and thing, which the treasurer is directed to do and perform, in and by
the said act, and in and by the act entitled "An act for the collection
and commutation of quit rents."
CHAP. 40.
AN ACT concerning slaves.
Passed the 22d of February, 1788.
Whereas in consequence of the act directing a revision of the laws Pveambie.
of this State, it is expedient that the several existing laws relative to
slaves, should be revised, and comprized in one. Therefore,
676
LAWS OF NEW YORK.
[Chap. 40.
manumit
tod.
Children
to follow
condition
Baptism
not to af-
fect serr-
Itude.
Importa-
tion of
slaves for
sale pro-
hibited.
glares to Be it enacted by the People of the State of New York, represented in
in aei^J * Senate and Assembly, and it is hereby enacted by the authority of the same,
wide uDiees That every negro, mulatto or mestee, within this State, who at the time
'"'"'"" *^ of the passing of this act, is a slave, for his or her life, shall continue
such, for and during his or her life, unless he or she, shall be manumit-
ted or set free, in the manner prescribed in and by this act, or in and
by some future law of this State,
And be it further enacted by the authority aforescud. That the children
of every negro, mulatto or mestee woman, being a slave, shall follow
of mottier. the State and condition of the mother, and be esteemed, reputed, taken
and adjudged slaves to all intents and purposes whatsoever.
And be it further enacted by the authority aforesaid. That the baptizing
of any negro, or other slave, shall not be deemed, adjudged, or taken,
to be a manumission of such slave.
And to prevent the further importation of slaves into this State,
Be it further enacted by the authority nforesaid. That if any person shall
sell as a slave within this State, any negro, or other person, who has been
imported or brought into this State, after the first day of June, in the
year of our I^rd one thousand seven hundred and eighty five, or who
shall be imported or brought into this State, after the passing of this act,
such seller, or his or her factor or agent, making such sale, shall be
deemed guilty of a pablic offence, and shall for every such offence, for-
feit the sum of one hundred pounds, current money of this State, to be
recovered by any person, who will sue for the same, with costs of suit,
by action of debt, in any court of record within this State, having cog-
nizance thereof; the one half of which forfeiture, when recovered, to be
paid to the treasurer of this State, for the use of the people thereof; and
the other half to the person, who shall sue for the same to effect. Anh
further, That every person so imported or brought into this State, and
sold contrary to the true intent and meaning of this act, shall be free.
And be it further enacted by the authority aforesaid. That if any per-
son shall, at any time purchase or buy, or shall, as factor or agent to
another, take or receive any slave, with intent to remove, export, or
carry such slave from this State, to any other place without this State,
and there to be sold, the person so purchasing or buying, or so as fac-
tor or agent, receiving or taking a slave, with such intent as aforesaid,
shall be deemed to have committed an offence, against the people of
this State, and shall for every such offence, forfeit the sura of one hun-
dred pounds, to be recovered with costs, by any person who will sue for
the same; the one moiety to the use of the people of this State^ and the
other moiety to the use of the person, who will sue for the same ; and
the slave so purchased, bought, taken, or received, shall be, immediately
after he or she shall be so purchased, bought, received, or taken, and
hereby is declared to be, free.
And be it further enacted by the authority aforesaid. That if any person
or persons, shall, after the passing of this act, employ, harbour, conceal
or entertain, any negro or other slave, knowing such negro or other
slave, to be the slave of any other person or persons, without the con-
sent of the owner or owners of such slave, he, she or they shall forfeit,
to the owner or owners of such slave, the sum of five pounds, for every
twenty four hours, and in that proportion, for a greater or less time,
while such slave shall have been employed, harboured, concealed or
entertained as aforesaid; but that such forfeiture, shall not in the wliole,
exceed the value of such slave. And further, that if any person or per-
sons, shall be found guilty of harbouring, entertaining, or concealing
any slave, or of assisting to convey him or her away, and if such slave
Purchase
of slaves
for re-
moval to
another
State pro-
hibited.
ConceallDg
runaway
slaves.
Chap. 40.] ELEVENTH SESSION. 677
shall be lost, die or be otherwise destroyed, the person or persons so
harbouring, entertaining, concealing, assisting or conveying away such
slave, shall be liable to pay to the owner or owners of such slave, the
value thereof ; which several sums of money shall, and may be recovered
by action of debt, with costs of suit, in any court of record, having cog-
nizance thereof.
And be it further enacted by the authority aforesaid^ That no person or Traffic
persons, shall trade or traffick, with any slave or slaves, either in buying ^^^^ slaves
or selling, without leave or consent, of the master or mistress of such
slave or slaves, on pain of forfeiting treble the value of the thing or
things traded for, and also the sum of five pounds to the master or mis-
tress of such slave or slaves, for each offence, to be recovered with costs,
against the person or persons so trading, contrary to the true intent and
meaning of this act, by action of debt, in any court having cognizance
thereof. Andfyrther^ that every contract or bargain so made, or to be
made, with any slave or slaves, without consent of his, her or their mas-
ter or mistress, shall be utterly void.
And be it further enacted by the authority aforesaid^ That if any per- Selllnir
son or persons, shall sell any rum or other strong liquor, to any slave or giavel pro-
slaves, without the consent of his or her master or mistress, and shall hibited.
thereof be convicted, upon complaint made by the master or mistress of
such slave or slaves, before any justice of the peace, mayor, recorder or
alderman, in the city or county where the offender shall dwell or reside,
shall forfeit and pay the sum of forty shillings, for every such offence,
to be recovered with costs, before any such justice, mayor, recorder or
alderman, the one half of which forfeiture, when recovered, shall be paid
to such master or mistress, and the other half to the overseers of the
poor, of the city or town where such offence is committed.
And be it further enacted by the authority aforesaid^ That if any person Theft by
or persons, shall, by theft or other trespass, committed by any slave or ■'*^«••
slaves, sustain damages to the value of five pounds or under, the owner
or owners of such slave or slaves shall be liable to make satisfaction for
such damages, to the party injured, to be recovered by action of debt,
with costs of suit in manner aforesaid.
And be it further enacted by the authority aforesaid^ That if any slave Assault on
shall strike a white person, it shall be lawful for any justice of the peace, ^^ ^''
to commit such slave to prison; and such slave, shall thereupon be tried
and punished in the manner directed in cases of petit larceny, in and by
the act entitled "An act for the speedy punishment of such persons as
shall commit any offences under the degree of grand larceny."
And be it further enacted by the authority aforesaid^ That all negroes Jury trial
and other persons whatsoever, commonly reputed and deemed slaves, JS^iJJgl*'*^
shall forever hereafter, have the privilege of being tried by a jury in all
cacpital cases, according to the course of the common law.
And be it further enacted by the authority aforesaid^ That from and sures as
after the passing of this act, no slave shall be admitted a witness, for or ^"*•**•••
agaftnst any person, in any matter, cause or thing whatsoever, civil or
criminal, except in criminal cases, in which the evidence of one slave,
shall be admitted for or against another slave.
And be it further encuted by the authority aforesaid^ That from and Begsing by
after the passing this act> no person or persons within this State, shall ■**^**-
knowingly and willingly, suffer or permit, his, her, or their slave to go
about begging of others, victuals, clothing or other necessaries; and if
any person or persons shall be guilty of an offence, against this clause
of this act, he, she or they, shall for every such offence, forfeit the sum
of ten pounds, to be recovered by action of debt, with costs of suit, in
678 LAWS OF NEW YORK. [Chap. 40.
any court ot record within this State, by any person or person who will
sue for the same ; the one half of which forfeiture, when recovered, to
be paid to the overseers of the poor of the city or town where such
offence shall be committed; and the other half to the person or persons
who shall sue and prosecute for the same to efifect.
Pretended And be it further enacted by the authority aforesaid^ That if any per-
dJlS^pit son or persons shall by any collusive conveyance or fraudulent agree-
siaves. ment, sell or dispose, or pretend to sell or dispose of any aged or decrepid
slave, to any person or persons, who is or are, unable to keep and main-
tain such slave or slaves, such sale or pretended sale, shall be absolutely
void, and the person or persons making such sale, or pretended sale, shall
forfeit the sum of twenty pounds, for each ofifence; and shall moreover
be deemed, the owner or owners of such slave or slaves, within the true
intent and meaning of the next preceding section of this act; which for-
feitures shall be recovered and applied, in the manner directed in and
by the said section.
Manumit- And be it further enacted by the authority aforesaid^ That when the
•imvetf owner or owners of any slave, under fifty years of age, and of sufficient
ability to provide for himself, or herself, shall be disposed to manu-
mit such slave, he, she or they, shall previous thereto, procure a certifi-
cate, signed by the overseers of the poor, or the major part of them, of
the city, town or place, and of two justices of the peace of the county,
where such person or persons shall dwell or reside; and if in the cities of
New York or Albany, then from the mayor or recorder, and any two of
the aldermen, certifying that such slave appears to be under fifty years
of age, and of sufficient ability to provide for himself, or herself, and
shall cause such certificate of manumission, to be registered in the office
of the clerk of the city, town or place, in which the owner or owners of
such slave, may reside; that then it shall be lawful for such person or
persons, to manumit such slave, without giving or providing any security,
to indemnify such city, town or place. And every slave so manumitted,
shall be deemed, adjudged and taken, to be free; and the clerk for
registering such certificate, shall be entitled to two shillings, and no
more.
Id. And be it further enacted by the authority aforesaid^ That if any person,
by his or her last will and testament, shall give his or her slave, freedom,
such slave being at the death of the testator or testatrix, under fifty
years of age, and also of sufficient ability to provide for himself, or her-
self, to be certified in manner aforesaid, such freedom given as afore-
said, shall without any security to indemnify the city, town or place, be
deemed, taken and adjudged to be good and valid, to all intents and
purposes. And further y that if the owner or owners of any other slave,
shall be disposed, to manumit and set at liberty, such slave, and such
owner or owners, or any other sufficient person, for, or in behalf of such
slave, shall and do, at the court of general sessions of the peace, for the
city or county, where such negro or other slave shall dwell or reside,
enter into a bond, to the people of the State of New York, with one or
more surety or sureties, to be approved by such court, in a sum, not less
than two hundred pounds, to keep and save such slave from becoming
or being any charge to the city, town or place within this State, wherein
such slave shall at any time, after such manumission, live, the said slave
shall be free, according to such manumission of the owner or owners of
uch slave. And further ^ if any such slave hath been, or hereafter shall
oe made free, by the last will and testament of any person deceased, and
if the executor or executors of such person so deceased, or in case of
the neglect or refusal of such executor or executors, if any other suflB-
Chap. 42.] ELEVENTH SESSION 679
cient person, for, and in behalf of such slave, shall and do, enter into
such surety as aforesaid, in manner aforesaid, then the said slave shall
be free, according to the true intent and meaning of such last will and
testament. And morem^er^ that if any person shally by last will or other-
wise, manumit or set free, his or her slave, and no such certificate or
security as aforesaid be given or obtained, such slave shall nevertheless,
be considered as freed from such owner, hip or her executors, adminis-
trators and assigns. But such owner, his and her heirs, executors, and
administrators, shall remain and be liable, to support and maintain, such
slave, if the same slave shall become unable to support and maintain
himself or herself.
CHAP. 41.
AN ACT, in the form of the act, recommended by the resolution
of the United States in Congress assembled, of the twenty-first
day of March, one thousand seven hundred and eighty seven,
to be passed by the several States, relative to the treaty of
peace between the United States, and the king of Great Britain.
Passed the 32d of February, 1788.
Whereas certain laws or statutes made and passed in some of the Preamble.
United States are regarded and complained of, as repugnant to the treaty
of peace with Great Britain, by reason whereof not only the good faith
of the United States, pledged by that treaty, has been drawn into ques-
tion, but their essential interests under that treaty greatly affected: And
whereas justice to Great Britain, as well as regard to the honour and
interests of the United States, require that the said treaty be faithfully
executed, and that all obstacles thereto and particularly such as do or
may be construed to proceed from the laws of this State, be effectually
removed; Therefore be it enacted by the People of the State of New Acts re-
York^ represented in Senate and Assembly^ and it is hereby enacted by the treStywith
authority of the same^ That such of the acts, and parts of acts, of the §^,®*'„ ,^
legislature of this State, are as repugnant to the treaty of peace between pealed,
the United States and his Britanic majestv, or any article thereof, shall
be, and hereby are repealed. And furthe- , that the courts of law and
equity within this State, be, and they hereby are directed and required,
in all cause*! and questions cognizable by them respectively, and arising
from or touching the said treaty, to decide and adjudge according to
the tenor, true intent and meaning of the same ; any thing in the said
acts or parts of acts to the contrary thereof in any wise notwithstanding.
CHAP. 42.
AN ACT for suppressing immorality.
Passed the 23rd of February. 1788.
Be it enacted by the PeopU of the State of New York^ represented in Sanday,
Senate and Assembly^ and it is hereby enacted by the authority of the same, hJbliSdioii
That there shall be no travelling, servile labouring, or working, (works
of necessity and charity excepted) shooting, fishing, sporting, playing.
680
LAWS OF NEW YORK.
[Chap. 42.
horse racing, hunting or frequenting of tipling houses or any unlawful
exercises or pastimes, by any person or persons within this State, on
the first day of the week commonly called Sunday. And that every
person being of the age of fourteen years or upwards, offending in the
premises, shall, for every such offence, forfeit and pay to the use of the
poor of the city or town where such offence shall be committed, the sum
of six shillings ; and that no person shall cry, shew forth or expose to
sale, any wares, merchandize, fruit, herbs, goods or chattels, upon the
first day of the week commonly called Sunday, except small meat and
milk, and fish, before nine of the clock in the morning, upon pain that
every person so offending shall forfeit the same goods so cried, shewed
forth or exposed to sale, to the use of the poor of the city or town
where such ofifence shall be be committed ; and if any person offending
in any of the premises shall be thereof convicted, before any justice of
the peace for the county, or any mayor, recorder or aldermen of the
city, where the offence shall be committed, upon the view of the said
justice, mayor, recorder or alderman, or confession of the party offend-
ing, or proof of any witness or witnesses upon oath, then the said jus-
tice, mayor, recorder or alderman, before whom such conviction shall
be had, shall direct and send his warrant, under his hand and seal, to
some constable of the city or county where the offence shall have been
committed, commanding bini to seize and take the goods so cried,
shewed forth or exposed to sale as aforesaid, and to sell the same, and
to levy the said other forfeitures or penalties, by distress and sale of the
goods and chattels of such offenders, and to pay the money arising by
the sale of such goods so seized, and the said other forfeiture or penal-
ties, to the overseers of the poor of the city or town, where the said
offence or offences shall have been committed, for the use of the poor
thereof. And in case no such distress can be had, then every such
offender, shall, by a warrant under the hand and seal of the said justice,
mayor, recoraer or alderman, be set publickly in the stocks by the space
of two hours. And further^ that if any person shall be found fishing,
sporting, horse-racing, hunting, gunning or going to or returning from
any market or landing, with carts, waggons or sleds, on the first day of
the week called Sunday, it shall be lawful for any constable or other
citizen tq stop every person so offending, and to detain him or her until
the next day, and then to carry or convey him or her to some justice of
the peace, to be dealt with according to law. Provided always^ That
no person going to or returning from, any church or place of worship,
within the distance of twenty miles, or going to call a physician, sur-
geon or midwife, or carrying a mail to or from any post office, or going
express by order of any public ofiicer,- shall be considered as travelling
within the meaning of this act.
And be it further enacted by the authority aforesaid^ That if any per-
son charged with having laboured or worked on the said first day of the
week called Sunday, and shall be brought before a justice of the peace
to answer to such charge, and shall then and there prove, to the satis-
faction of the said justice, that he or she uniformly keeps the last day
of the week as holy time, and does not labour or work on that day, then
such defendant shall be discharged. Provided always, that the work
or labour with which he or she is charged, has not disturbed other per-
sons in the observance of the first day of the week as holy time.
And be it further enacted by the authority aforesaid^ That no person
l^ohibfted. or persons, upon the first day of the week commonly called Sunday,
shall serve or execute or cause to be served or executed, any writ, pro-
cess, warrant, order, judgment or decree (except in cases of treason,
Persons
observing
Saturday
as holy
time.
Service of
Chap. 42.J ELEVENTH SESSION. 681
felony, or breach of the peace,) bui that the service of every such writ,
process, warrant, ordei, judgment or decree shall be void to all intents,
and purposes whatsoever ; and the person or persons so serving or exe-
cuting the same, shall be as liable to the suit of the party grieved, and
to answer damages to him for doing thereof, as if he or they had done
the same without any writ, process, warrant, order, judgment or decree
at all.
And be it further enacted by the authority aforesaid, That if any per- Profanity,
son or persons shall at any time or times hereafter, profanely swear or 5|in*Jfor.
curse, and be thereof convicted, by the confession of the party offend-
ing, or on the oath of any one or more witness or witnesses, or in the
manner herein after mentioned, before any justice of the peace for any
county, or any mayor, recorder, or alderman of any city in this State,
every person so offending, shall, for every such offence, forfeit and pay
to the use of the poor of the city or town, where such offence or offences
shall be committed, the sum of three shillings.
And be it further enacted by the authority aforesaid. That in case any Id.
person shall profanely swear or curse in the presence and hearing of
any justice of the peace for any county, or in the presence and hearing
of any mayor, recorder or alderman of any city, while in the execution
of his office, every such justice of the peace, mayor, recorder or alder-
man, shall and is hereby authorized and required to convict every such
offender, of such offence, without any other proof whatsoever.
And be it further enacted by the authority aforescUd, That in case any Profane
person, who shall be convicted of profanely swearing or cursing, shall I^JSi" ^"*
not immediately pay down the respective sums so forfeited, with the jtocka if
charges of such conviction, or give security to the satisfaction of the paidf*^*
justice, mayor, recorder or alderman, before whom such conviction is
had, for the payment thereof within six days, then every such offender,
being above the age of sixteen years, shall, by warrant under the hand
and seal of such justice, mayor, recorder or alderman, be set publickly
in the stocks, by the space of one hour, for every single offence, and for
any number of offences, whereof any such offender shall be convicted,
at one and the same time, two hours; but if the offender shall not be
above the age of sixteen years, and shall not forthwith pay the said for-
feitures, or give security for payment thereof, the parent or master shall
pay, the same, to be recovered as aforesaid.
And be it further enacted by the authority aforesaid, That if any per- Dmnken-
son shall be drunk, and of the same offence of drunkeness shall be law- SiSfted?'
fully convicted, before any justice of the peace for the county, or before
the mayor, recorder or any alderman of the city, wherein such offence
shall be committed, either upon the view of such justice, mayor, recorder
or alderman, or upon the confession of the party offending, or proof of
any one or more witness or witnesses, on oath, every person so offend-
ing, shall forfeit and pay, for every such offence, three shillings, to the
use of the poor of the city or town wherein such offence shall be com-
mitted. And im case any person who shall be convicted of drunkeness
as aforesaid, shall not immediately pay down the sum so forfeited, with
the charges of such conviction, or give security to the satisfaction of the
justice, mayor, recorder or alderman, before whom such conviction is
had, for the payment thereof, within six days, every such offender shall,
by warrant under the hand and seal of such justice, recorder, or alder-
man be set publickly in the stocks, by the space of two hours.
And be it further enacted by the authority aforesaid. That every jus- eaSroSf?
tice of the peace, mayor, recorder or alderman, shall, immediately upon JjJ"**®" *®
information given, upon oath, of any constable, or other peace officer, or benXST'
Vol. 2.-86
682 LAWS OF NEW YORK. [Chap. 42.
of any other person, whatsoever, cause the offender and oflFenders against
this act, to appear before him, and upon such information being proved
as aforesaid, shall convict such offender and offenders, in such manner
as in and by this act is prescribed.
Keco'do' And be it further enacted by the authority aforesaid ^ That every justice
form of.*"** of the peace, mayor, recorder and alderman, before whom any person or
persons shall be, by virtue of this act, convicted of any of the ofiFences
aforesaid, shall cause such conviction to be drawn up in the form fol-
lowing.
City of New York, (or Westchester county, or other city or county, as
the case may require) to wit, be it remembered that on the day
of in the year of our Lord one thousand A. B.
was convicted before me C D. (mayor or recorder, or one of the alder-
men) of the said city (or one of the justices of the peace of the said
county) of crying (or shewing forth, or exposing to sale) one (or two or
more, specifying the number, quantity and kind of goods) on a Sunday,
in the said city (or the town of in the said county) or (of
travelling or doing servile work, or labour or of shooting, fishing, sport-
ing, playing, horse-racing, hunting or frequenting tipling houses, or using
some unlawful exercise or pastime) on Sunday (or) of swearing one (or
two or more) profane oath (or oaths) (or) of cursing one (or two or
more) profane curse (or curses) (or) of having been drunk in the said
city (or at the town of in the said county) as the case may
require. Given under my hand and seal the day and year abovesaid.
. And such conviction shall not be liable to be removed by certiorari
into the supreme court, but shall be deemed and taken to be final to all
intents and purposes whatsoever.
Corta of And be it further enacted by the authority aforesaid^ That all charges of
oonyioUon. \^^ information and conviction of any such offender, shall be borne and
paid by the party offending, if able, over and above the penalties
inflicted by this act, which charges shall be settled and ascertained by
the justice, mayor, recorder, or alderman, before whom such conviction
shall be had, but shall in no case exceed in the whole three shillings.
And the justice, mayor, recorder or alderman, before whom any pro-
ceedings shall be had upon this act, or his clerk, may take, for the infor-
mation, summons, conviction and warrant thereupon, one shilling and
no more; and if the offender shall be set in the stocks for the same
offence, no charge*? whatsoever shall be paid by any person whomsoever.
Forfeiture And be it further enacted by the authority aforesaid^ That it ^hall and
toovwSeer ™^y be lawful for every such offender to pay the said forfeitures and
of poor, charges to the justice, mayor, recorder or alderman, before whom such
conviction is had; and such justice, mayor, recorder or alderman, shall
receive the same, and as soon as conveniently may be, pay the same
forfeitures to the overseers of the poor of the city or town where such
offence was committed, for the use of the poor thereof.
All ju8t- And be it further enacted by the authority aforesaid That all and every
}Jf^^ » justice of the peace for the county, and every mayor, recorder or alder-
man of the^ city, wherein any such offence shall be committed, may, and
they are hereby respectviely authorized and required to put this act ii>
execution, against any person or persons within their respective juris-
dictions, although such justice, mayor, recorder or alderman, shall be
rated and pay to the relief of the poor of the city or town where any
offence contrary to the true intent and meaning of this act shall be
committed; any law or statute to the contrary notwithstanding.
5"**toh« '^^^ ^^ ^^ further enacted by the authority aforesaid^ That no person
brought In shall be prosecuted or troubled for any offence against this act, unless
Chap. 45.J ELEVENTH SESSION. 683
the same be proved ot prosecuted within twenty days, next after the twenty
offence committed. ***^-
And be it further enacted by the authority aforesaid^ That if any suit Actions
or action shall be commenced or brought against any justice of the pSJiic^offl-
peace, mayor recorder, alderman, constable or other officer or person oerfor
whatsoever, for doing or causing to be done any thing in pursuance of ^^ ^°*'
this act, concerning any of the said offences, the defendant in such action
or suit may plead the general issue, and give the special matter in evi-
dence; and if in any such action or suit, a verdict shall be given for the
defendant or the plaintiff become non suit or discontinue his action,
then the defendant shall have treble costs.
CHAP. 4a.
AN ACT for the limitation of criminal prosecutions, and of
actions and suits at law.
Passed the 26th of February, 1788.
Whereas it is necessary for the peace of society that certain times statute of
be limited for bringing all actions and suits at law; therefore be it enacted "he gSte"
by the People of the State of New York, represented in Senate and Assent- ^^\^^
blyy and it is hereby enacted by the authority of the same, That the people claim to*
of the State of New York shall not, nor will, at any time after the first SrtySfSJr
day of January which will be in the year one thousand eight hundred, 'orty yoaw
sue, impeach, question or implead, any person or persons, bodies politic
or corporate, for, or in any wise concerning, any manors, lands, tene-
ments, rents or hereditaments whatsoever, (other than liberties or fran-
chises) or for or in any wise concerning, the revenues, issues or profits
thereof, or make any title, claim, challenge or demand, of, in or to
the same, or any of them, by reason of any right or title which hath
not first accrued and grown, or which thall not thereafter first accrue
and grow within the space of forty years next before the filing, issuing
or commencing of every such action, bill, plaint, information, commis-
sion or other suit or proceeding, as shall at any time or times thereafter,
be filed, issued or commenced, for recovering the same, or in respect
thereof, unless the people of the State of New York, or sgme other per-
son or persons, bodies politic or corporate, under whom the people of
the State of New York any thing have or lawfully claim, or thereafter
^hall have or lawfully claim, have or shall have been answered by force
and virtue of any such right or title to the same, the rents, revenues,
issues or profits thereof, or the rents, issues or profits of any manors or
Other hereditaments, whereof the premises in question shall be part or
parcel, within the said space of forty years. And further, that all and
every person or persons, bodies politic or corporate, their heirs and
successors, and all claiming by, from or under them, or any of them,
for and according to their and every their several estates and interests,
which they have or claim to have, or hereafter shall or may have or claim
to have in the same respectively, shall at all times hereafter quietly and
freely, have, hold and enjoy, against the people of the State of New
York, claiming by any title which hath not first accrued or grown, or
which shall not thereafter first accrue or grow within the space of forty
years, all and singular the manors,* lands, tenements, rents and heredita-
ments whatsoever, (other than liberties and franchises) which he or they,
684 LAWS OF NEW YORK, [Chap. 43.
or his or their, or any of their ancestors or predecessors, or those from,
by or under whom, he or they, do or hereafter shall, claim, or have, or
hereafter shall have held or enjoyed or taken the rents, revenues, issues
or profits thereof, by the space of forty years next before the filing,
issuing or commencing of evtfry such action, bill, plaint, information,
commission or other suit, or proceeding, as shall at any time or times
thereafter be filed, issued or commenced, for recovering the same, or in
respect thereof, unless the people of the State of New York or some
other person or persons, bodies politic or corporate, under whom the
people of the State of New York any thing have or lawfully claim, or
hereafter shall have or lawfully claim, in the said manors, lands, tene-
ments, rents or hereditaments, by force of any right or title, have been
or shall have been answered by virtue of any such right or title, the
rents, revenues, issues or other profits thereof, within the said space of
forty years. And further^ that all and every person or persons, bodies
politic and corporate, their heirs and successors, and all claiming or to
claim, by, from and under them, or any of them, for and according to
their and every of their several estates and interests, which they have or
claim, or hereafter shall or may have or clain respectively, shall, forever
hereafter, quietly and freely, have, hold and enjoy all such manors,
lands, tenements, rents and hereditaments, (other than liberties and
franchises,) as they now have, claim or enjoy or hereafter shall or may
have, claim or enjoy, whereof the people of the State of New York, or
he or they, by, from or under whom the people of the State of New any
thing have or lawfully claim, or hereafter shall have or lawfully claim, or
some of them, by force of some right or title to the same, have not or shall
not have been answered by virtue of such right or title, the rents, reve-
nues, issues or profits thereof, within the space of forty years, next before
the filing, issuing or commencing of every such action, bill, plaint,
information, commission or other suit or proceeding, as shall at any
. time or times thereafter be filed, issued or commenced, for recovering
the same, or in respect thereof, within the said space of forty years,
against all and every person and persons, his and their heirs and assigns,
having, claiming or pretending to have, or who shall or may have, claim
or pretend to have, any estate, right, title, interest, claim or demand
whatsoever, of, in or to the same, by force or colour of any letters patent,
or grants upon suggestion of concealment, or wrongful detaining, or
defective titles, or by, from or under any patentees or grantees, or any
letters patent or grants upon suggestion of jconcealment, or wrongful
detaining, or defective titles, of or for which said manors, lands, tene-
ments, rents and hereditaments, or any of them, no verdict, judgment,
decree, judicial order upon hearing, or sentence of any court, now stand-
ing in force, hath been had or given, or any such verdict, judgment,
decree, judicial order upon the hearing, or sentence of court, shall here-
after be had or given, in any action, bill plaint or information, in any
court of record in this State, for or in the name of the people of the State
of New York, or for any of the said patentees or grantees, or for their
or any of their heirs or assigns, within the space of forty years then last
past,or within the space of forty years next before the filing, issuing or
commencing, of every such action, bill, plaint, information, commission,
or other suit or proceeding, as shall at any time or times hereafter be
filed, issued, or commenced, for recovering the same, or in respect thereof
as aforesaid.
JSSaf^ And be it further enacted by the authority aforesaid^ That no person or
■ixtyyears* persons shall hereafter and before the first day of January, which will
posi^on. be in the year one thousand eight hundred, sue, have or maintain, any
Chap. 43] ELEVENTH SESSION. 685
writ of right, or make any prescription, title or claim, of, to or for, any
manors, lands, tenements, or other hereditaments, of the possession of
his or their ancestor, or predecessor, and declare and alledge any further
seisin or possession of his or their ancestor or predecessor, but only of
the seisin or possession of his or their ancestor or predecessor, which
hath been or now is, or shall be seised of the said manors, lands, tene-
ments or other hereditaments, within sixty years next before the teste
of the same writ, or next before the said prescription, title or claim so
hereafter to be sued, commenced, brought, made or had.
And be it further enacted by the authority aforesaid^ That no manner Fifty years*
of |>erson or persons shall hereafter, and before the said first day of J^i^on.
January, which will be in the year one thousand eight hundred, sue,
have or maintain, any writ of entry, or other writ of action upon dis-
seisin done to any of his or their ancestors or predecessors, or any other
action possessary, upon the possession of any of his or their ancestors
or predecessors, for any manors, lands, tenements or other heredita-
ments, of any further seisin or possession of his or their ancestor or
predecessor, but only of the seisin or possession of his or their ancestor
or predecessor, which was or hereafter shall be seised of the same
manors, lands, tenements or other heifeditaments, within fifty years next
before the teste of the original of the same writ hereafter to be brought.
And be it further enacted by the authority aforesaid That no manner Thirty
of person or persons, shall hereafter, and before the said first day of J|{^ ^^
January which will be in the year one thousand eight hundred, sue, session,
have or maintain any action for any manors, lands, tenements or other
hereditaments, of or upon, his, her or their own seisin or possession
therein, above thirty years next before the teste of the original of the
same writ hereafter to be brought.
And be it further enacted by the authority aforesaid^ That no manner Fifty years*
of person or persons shall hereafter and before the said first day of Janu- J^^^^ion.
ary which will be in the year one thousand eight hundred, make any
avowry or cognizance for any rent, suit or service and alledge any seisin
of any rent, suit or service in the same avowry or cognizance, in the
possession of his, her or their ancestor or ancestors, predecessor or prede-
cessors, or in his her or their own possession, or in the possession of any
other, whose estate he, she or they shall pretend or claim to have, above
fifty years next before the making of the said avowry or cognizance.
Provided nevertheless
And be it further enacted by the authority aforesaid^ That from and After Jan-
after the said first day of January, which will be in the year one thou- twenty^S^i
. sand eight hundred, no action real shall be maintained, and no avowry years to
or cognizance shall be made, unless on a seisin or possession of the actioo.
hereditaments, either of the demandant or plaintiff, or person making
avowry or cognizance, or of the ancestor or predecessor of such demand-
ant or plaintiff, or person making avowry or cognizance, within twenty
five yeaYs next before such action brought, or avowry or cognizance
made; with a saving that no part of the time during which the demand-
ant or plaintiff, or person making avowry or cognizance, shall have been
within the age of twenty one years, insane feme covert, or imprisoned,
shall be taken as part of the said period of limitation of twenty five
years.
And be it further enacted by the authority aforesaid^ That if any person if proof of
or persons do at any time hereafter, sue any of the said actions or writs SStmade*
for any manors, lands, tenements or other hereditaments, or make any jn time
avowry, cognizance, prescription, title or claim, of or for, any rent, suit, ciMraant
''service or other hereditaments, and cannot prove that he or they, or his **»"'ed.
686 LAWS OF NEW YORK. [Chap. 43.
or their ancestors or predecessors, were in the actual possession or seisin
of and in the same manors, lands, tenements, rents, suits, services, annui-
ties, commons or other hereditaments, at any time or times within the
years before limited and appointed in this act, and in manner and form
aforesaid, if the same be traversed or denied by the party plaintiff,
demandant or avowant, or by the party tenant, or defendant, that then
and after such trial therein had, all and every such person and persons,
and their heirs and successors, shall from thenceforth be utterly barred
for ever, of all and every the said writs, actions, avowries, cognizance,
prescription, title or claim thereafter to be sued, had or made, of and
for the same manors, lands, tenements, hereditaments or other the prem-
ises, or any part of the same, for the which the same action, writ, avowry,
cognizance, prescription, title or claim, hereafter shall be so had sued
or made.
Writs to be And be it further enacted by the authority aforesaid^ That all writs of
twenty' ^ formedon and scire facias upon fines, of any manors, lands, tenements,
yean. or other hereditaments, hereafter to be brought, shall be sued and taken
within twenty years next after the title and cause of action first descended
or fallen, and at np time after the said twenty years.
Bntry tobe And be it further enacted by the authority aforesaid^ That no person or
twenty* persons shall at any time hereafter, make any entry into any manors,
yean. lands, tenements or hereditaments, but within twenty years next after
his or their right or title descended or accrued to the same, and in
default thereof such person or persons so not entering and his, her or
their heirs, shall be utterly excluded and disabled from such entry after
to be made. And further that no claim or entry of or upon any manors,
lands, tenements or hereditaments, shall be a sufficient entry or claim
within the meaning of this act, unless upon such entry or claim, an action
shall be commenced within one year next after the making of such entry
or claim, and prosecuted with effect.
Actions to And be it further enctcted by the authority aforesaid^ That all actions of
In i5x*"'**' trespass quare clausum fregit, all actions of trespass, detinue, actions of
years. trover and replevin for taking away of goods and chatties, all actions of
account and upon the case, other than such actions as concern the trade
of merchandize between merchant and merchant, their factors or serv-
ants; all actions of debt grounded upon any lending or contract without
speciality, all actions of debt for arrearages of rent, all suits and actions
in the court of admiralty for seamen's wages, and all actions of assault,
menace, battery, wounding and imprisonment, or any of them, which
shall at any time hereafter be sued or brought, shall be commenced and
sued within the time and limitation hereafter expressed, and not after;
that is to say, the said actions upon the case, other than for slander, and
the said actions for account, and the said actions for trespass, debt, deti-
nue and replevin for goods or chatties, and the said actions of tresspass,
quare clausum fregit, and the said suits and actions for seaman's wages,
within six years next after the cause pf such actions or suits, and not
i^Vmr years, after; and the said actions of trespass for assault, menace, battery,
wounding and imprisonment, or any of them, within four years next after
Two years, the cause of such actions or suits, and not after ; and the said actions
upon the case for words, within two years next after the words spoken,
and not after.
New ao- Prmnded always^ and be it further enacted by the authority aforesaH
bRHurht^ That if in any of the said actions or suits, judgment shall be given for
one year, plaintiff, and the same be reversed by error, or if a verdict pa^s for the
plaintiff, and upon matter alledged in arrest of judgment, the judgment
be given against the plaintiff, that he take nothmg by his plaint, writ or
Chap. 43.J ELEVENTH SESSION. 687
bill; or if any of the said actions shall be brought by original, and the
defendant therein be outlawed, and shall after reverse the outlawry, that
in all such cases, the party plaintiff, his heirs, executors or administra-
tors, as the case shall require, may commence a new action of suit, from
time to time, within one year next after such judgment reversed, or such
judgment given against the plaintiff or outlawry reversed, and not after.
Provided alsOy and be it further enacted by the authority aforesaid, PtotIso in
That if any person or persons who is or shall be entitled to such writ Sfnorfty,
or writs of formedon or scire facias, or who hath or shall have such right inanity op
or title of entry, be or shall be, at the time of the said right or title first
descended, accrued, come or fallen, within the age of one and twenty
years, feme covert, insane, or imprisoned, that then such person and
persons and his and their heir and heirs, shall or may after the said
twenty years be expired, bring such action, or make such entry, as he
or they might have done before this act, so as such person or persons
shall, within ten years next after his or their full age, discoverture, com-
ing of sound mind, or enlargement out of prison, or the heir or heirs of
such person or persons, within ten years next after the death of such
person or persons, take benefit of and sue forth the same, and at no
time after the said ten years. And further, that if any person or persons
who is or shall be intitled to any such suit or action, for seamans wages,
or to any such action of trespass quare clausum fregit, detinue, trover,
replevin, actions of account or upon the case, action of debt, action of
trespass for assault, menace, battery, wounding, imprisonment, or action
upon the case for words, or any of them, be or shdl be, at the time of
any such cause for action given or accrued, fallen or come, within the
age of twenty one years, feme covert, insane or imprisoned, that then
and in every such case, such person or persons shall be at liberty to
bring the same actions, so as they take the same within such times as
are before limited, after their coming to, or being of full age, discovert,
of sane memory, or at large, as other persons having no such impedi»
ment should have done. And moreover, that if any person or persons
against whom there is or shall be any such cause of suit, or action for
seamans wages, or against whpm there is or shall be any cause of action
of trespass, detinue, trover, or replevin, or of action of account, or upon
the case, or of debt, grounded upon any lending or contract without
specialty, or debt for arrearages of rent, or of trespass for assault,
menace, battery, wounding or imprisonment, or any of them, be or shall
be out of this State, at the time of any such cause of suit or action
given, or accrued, fallen or come, then and in every such case, such per-
son or persons, who is or shall be intitled to any such suit or action,
shall be at liberty to bring the said actions, against such person or per-
sons, after his, her or their coming or return to this State, so as they
take the same after such return or coming to this State, within such
times as are respectively before limited, for the bringing of the said
actions, by this act.
And be it further enacted b^ the autlu?rity aforesaid. That all actions. Action to
suits, bills, indictments, or informations, which at any time hereafter {{f two"****
shall be had, brought, sued or exhibited, for any forfeiture upon any years-
penal statute made or to be made, whereby the forfeiture is or shall be
limited to the people of the State of New York only, shall be had,
brought, sued or exhibited, within two years next after the offence com-
mitted or to be committed against guch penal act, and not after the said
two years. And tha*t all actions, suits, bills or informations, which shall Oneyeai;
at any time hereafter be had, brought, sued, commenced or exhibited,
for any forfeiture upon any penal statute, made or to be made, the ben-
688
LAWS OF NEW YORK.
[Chap. 43.
Two yean.
Three
yean.
Proviso;
actions
Ifmited by
statute.
Indict-
ments for
crimes
other than
murder,
tiireeyean
Proviso,
where lim-
ited by
sUtute.
Time be-
tween Oct.
14. 1776,
and March
21, 1783, not
to be com-
puted.
efit and suit whereof is, or shall be, by the said statute, limited or given
to any person or persons who shall prosecute for the same, or to the
people of the State of New York, and to any other, who shall prosecute
in that behalf, shall be had, brought, sued, commenced or exhibited by
any person who may lawfully pursue for the same as aforesaid, within
one year next after the offence committed or to be committed against
the said statute: And in default of such pursuit, that then the same
shall be had, sued, exhibited or brought for the people of the State of
New York, at any time within two years after that year ended. And
that all actions, suits, bills or informations, which shall at any time here-
after be had, brought, sued, commenced or exhibited, for any forfeiture
or cause, upon any statute made or to be made, the benefit and suit
whereof is or shall be given or limited to the party aggrieved, shall be
had, brought, sued, commenced or exhibited, within the space of three
years, next after the offence committed or to be committed, or cause of
action accrued, and not after. And if any action, suit, bill, indictment
or information, for any offence against any statute, made or to be made,
shall be brought after the time in that behalf before limited, that then
the same shall be void and of none effect; any law usage or custom to
the contrary notwithstanding.
Provided always^ that where any action, information, indictment, or
other suit, is or shall be limited by any statute, to be had, sued, com-
menced, brought or exhibited, within a shorter time than is hereby
limited, then and in every such case, the action, information, indictment
or other suit, shall be brought within the time limited by such statute.
And be it further enacted by the authority aforesaid^ That all suits
informations or indictments, which at any time hereafter shall be
brought, commenced or exhibited, for any crime or misdemeanor, (mur-
der excepted) whether capital or not capital, shall be brought, com-
menced or exhibited, within three years next after the offence committed
or to be committed, and not after the expiration of the said three years.
And if any suit, information or indictment, for any crime or misdemeanor
(except murder) shall be had, brought or exhibited, after the time
hereby limited, that then the same shall be void and of none effect; any
law, usage or custom, to the contrary notwithstanding.
Provided always^ that where any information, indictment or other
suit, for any crime or misdemeanor, is limited by any statute, to be
brought or exhibited, within a shorter time than is hereby limited, then
and in every such case, the information, indictment, or other suit, shall
be had, brought or exhibited within the time limited by such statute.
And be it further enacted by the authority aforesaid^ That no part of the
time from the fourteenth day of October in the year one thousand seven
hundred and seventy five, to the twenty first day of March one thous-
and seven hundred and eighty three, shall be deemed, computed, pleaded
or adjudged, as part of the respective periods herein before limited for
making any title, prescription, cognizance or claim, or bringing, sueinft
commencing or prosecuting any writ, action, suit or plaint.
'Chap. 44.] ELEVENTH SESSION. 689
CHAP. 44.
AN ACT for directing the manner of proving deeds and convey-
ances to be recorded.
Passed the 26th of Februar}', 1788.
Be it enacted by the People of the State of New Yorky represented in Convey-
Senate and Assembly, and it is hereby enacted by the authority of the same, SckmJwi^'^
That all and every deed and deeds, conveyance and conveyances, and |^|J^if
writings whatsoever, relating to the title or property of any mes-
suages, lands, tenements or hereditaments within this State, heretofore
executed or hereafter to be executed, being duly acknowledged by the
party or parties executing the same, or duly proved by one or more of
the subscribing witnesses to the execution thereof, and recorded in the
office of the secretary of this State, or in the office of the clerk of the
county in which such lands are situated, shall and may be read as evi-
dence in any court in this State, without further or other proof of the
execution thereof, and the record thereof, or a transcript of the same,
shall and may be given and received in evidence.
And be it further enacted by the authority aforesaid^ That no deed, Not to be
conveyance or other writing, relating to any lands, tenements or real mftfrprop-
estate, heretofore executed and not already acknowledged or proved «f'y "['•
according to law, or hereafter to be executed, shall be recorded, unless edged?
the same shall be duly acknowledged by the party or parties executing
the same, or the execution thereof be duly proved by one or more of
the subscribing witnesses to the same, before one of the justices of the
supreme court, or a master in chancery, or one of the judges of the
court of common pleas in and for the county where such lands and real
estate are situated; or if such lands and real estate be in the city of
New York, Albany or Hudson, before the mayor or recorder of the
same cities respectively; and a certificate of such acknowledgment or
proof be indorsed upon such deed, conveyance or other writing, signed
by the person before whom the same was taken;
And be it further enacted by the authority aforesaid^ That no estate Acknowi-
of a feme covert, shall henceforth pass by her deed, without a previous by^foSe'
acknowledgment by her on a private examination, apart from her hus covert,
band, before one of the justices of the supreme court, or a master in
chancery, or one of the j'udges of the court of common pleas, in and for
the county where such lands or real estate shall be situated ; or if such
lands or real estate be in the city of New York, Albany or Hudson,
before the mayor or recorder of the same cities respectively ; that she
execute such deed freely, without any fear or compulsion of her hus-
band, and a certificate thereof purporting that she had been privately
examined, and confessed that she executed the same freely, without any
fear or compulsion of her husband, indorsed on the deed conveying the
same, and signed by the person before whom such acknowledgment
shall be made.
Vol. 2.-87
690 LAWS OF NEW YORK. [Chap. 45
CHAP. 45.
AN ACT to prevent frauds by mortgages, and for securing the
purchasers of mortgaged estates.
Passed the 26th of February, 1788.
Record of Be it enacted by the People of the State of New York, represented in
u.'^^kept Senate and Assembly ^ and it is hereby enacted by the authority of the same,
bv county That each and every of the clerks of the respective cities and counties
^ *^^ ^' in this State, shall from time to time provide fit and convenient blank
books for the registering of all mortgages, of any messuages, lands, tene-
ments or hereditaments, situate and lying within their respective cities
and counties, in which register shall be entered the names of the mort-
gagors and mortgagees ; the dates of the respective mortgages, the
mortgage money, the time or times when payable; the description and
boundaries of the messuages, lands, tenements or hereditaments mort-
gaged, and the time when such mortgages are registered, or recorded;
to which register all persons whomsoever at proper seasons may have
recourse and search, and for which the said clerks shall have and
receive for entering each mortgage, the sum of six shillings, and .for
every search one shilling, and no more. And further, that if any clerk
shall neglect or refuse to do the duty required of him by this act, he
shall answer to the party injured, all damages which shall happen by
reason of such neglect or refusal.
How mort- Prainded always, and be it further enacted by the authority aforesaid,
acknowi^ That no deed, conveyance, or other writing by the way of mortgage,
edged. shall after the passing of this act, be entered in any such register, unless
the execution thereof be duly acknowledged by the grantor or grantors,
or proved by one or more of the subscribing witnesses to the execution
thereof, before one of the justices of the supreme court, or a master in
chancery, or one of the judges of the court of common pleas of the
county, where the messuages, lands, tenements or hereditaments so
mortgaged lay; or if the same messuages, lands, tenements or heredita-
ments, shall be in the city of New York, Albany or Hudson, before the
mayor or recorder of the same cities respectively, who are hereby
respectively authorized and required to take the same, and to indorse a
certificate of such acknowledgment or proof of the execution of such
mortgages, in the manner and form directed and prescribed in and by
the act, entitled ** An act directing the manner of proving deeds and
conveyances to be recorded."
Whftt con- And be it further enacted by the authority aforesaid. That every deed
deemed* conveying a real estate, made after the first day of June, in the year of
jnortgages. one thousand seven hundred and seventy four, or to be made after the
passing of this act, which by any other instrument or writing, shall
appear to have been intended only as a security in the nature of a mort-
gage, tho* it be an absolute conveyance in terms, shall be considered as
a mortgage, and be deemed and adjudged to be liable to be registered
as other mortgages are by virtue of this act; and that the person or
persons for whose benefit such deed shall be made, shall not have the
advantages given by this act to mortgagees, unless every instrument and
writing operating as a defeazance of the same, or explanatory of its
being designed to have the effect only of a mortgage or conditional
-deed, be also therewith registered iri substance, as in case of a mortgage
Chap. 45.] ELEVENTH SESSION. 691
And be it further enacted by the authority aforesaid^ That if any per- Priority of
son or persons, whomsoever, hath or have, after the first day of June, '"*>'*«"»*••
in the year one thousand seven hundred and fifty four mortgaged, or
shall, after the passing of this act, mortgage any messuages, lands, tene-
ments or hereditaments to two or more persons, at different times, and
any doubt or dispute shall arise about the priority of such mortgages,
that then and in such case, the mortgage first entered in the register in
the city or county where the lands, tenements or real estates so mort-
gaged lie, in the manner herein before directed, shall be deemed and
taken, and is hereby declared, and shall be adjudged by all courts of
law and equity within this State, to be the first or prior mortgage ; pro-
vided it hath been or shall be made bona fide and upon good and valu-
able consideration; any law, usage or custom, to. the contrary notwith-
standing.
And be it further enacted by the authority aforesaid. That every mort- id.
gage of the same real estate or estates, or parts thereof, executed after
the nineteenth day of March, in the year one thousand seven hun-
dred and seventy four, or to be executed after the passing of this act,
whether made by the same or different persons, shall have priority, and
the benefits thereof given by this act, according to the time of the actual
registry thereof.
And be it further enacted by the authority aforesaid^ That whenever Discharge
any mortgage or mortgages so entered as aforesaid, shall be redeemed, Jh^s from
paid off and discharged, the clerks of the respective cities and counties, the record.
on application to them made by the mortgagors, or persons redeeming,
paying off and discharging such mortgages, and producing a certificate
to the respective clerks of the respective cities or counties, signed by
the respective mortgagee or mortgagees in such mortgage named, his,
her, or their executors, administrators or assigns, in the presence of two
or more witnesses, and acknowledged by the party or parties signing the
same, or proved by the oath of at least one of the subscribing witnesses
thereto, before one of the justices of the supreme court, or a master in
chancery, or one of the judges of the court of Common pleas of the
county, where the messuages, lands tenements or hereditaments, so
mortgaged lie ; or if such mortgaged premises be in the city of New
York, Albany or Hudson, before the mayor or recorder of the same
cities respectively, and the same acknowledgment or proof be indorsed
on such certificate, such respective clerks shall, and they are hereby
required, to enter in the aforesaid book or register of mortgages, a min-
ute of the said discharge or discharges; which minute so entered, shall
be deemed and taken to be, and is hereby declared to be, a full, perfect
and absolute bar to the first entry of any such mortgage or mortgages ;
for which entry the respective clerks shall have and receive the sum of
one shilling, & no more.
And whereas many real estates are held under sales made by mort-
gagees, who were authorized by the mortgagor or mortgagors to make
conveyance of the same in fee, for the payment of the debt or demand
secured by such mortgage, and to return the surplus of the purchase
money to the mortgagor or mortgagors; and as many inconveniences
may arise, vexatious suits be promoted, and bona fide purchasers ruined
if such estates should be redeemable in equity. Therefore, be it further Bonaflde
enacted by the authority aforesaid. That no good and bona fide sale of mortgi^ed
messuages, lands tenements or hereditaments, made or to be made by p^®'?''**'^,
mortgagees, or others authorized thereunto, by special power for that *'°" "" *
purpose, in due form of law, from him or them who had the equity of
redemption, shall be defeated to the prejudice of the bona fide pur-
692 LAWS OF NEW YORK. [Chap. 46.
chasers thereof, in favor, or for the advantage of any person or persons
claiming a right of redemption in equity : Provided always^ that noth-
ing in this act contained, shall be construed to prejudice any other
mortgagee of the same messuages, lands, tenements or hereditaments,
or any part thereof, whose title accrued prior to such bona fide sale; or
any creditor to whom the mortgaged premises or any part thereof, was
^ before bound, by any judgment at law, or decree in equity.
Power of And to prevent fraudulent advantages from being taken to the preju-
«off un jer ^^^^ ^^ young and extravagant persons, be it further enacted by the author-
twenty-five ity aforesaid^ That nothing in this act contained shall operate for the
opew^ security of any purchase in fee, under any power executed for that pur-
pose, after the said nineteenth day of March in the year one thousand
seven hnndred and seventy four, or to be executed for that purpose
after the passing of this act, to the mortgagee or mortgagees, unless the
person or persons giving such power, be of the age of at least twenty
Powers to ^w^ years : And further y that all power to mortgagees now made, or
knowi- hereafter to be made, for making sales in fee, shall be acknowledged or
edged. proved and recorded, as other deeds and conveyances usually are, before
Sales to be the conveyances for the sale be executed. And moreover that every
auctionf such sale shall be at public auction or vendue; and public notice shall
be given thereof, by advertisements, one copy whereof to be inserted
and continued at least once a week for six months previous to such sale,
in one of the public news papers printed in this State, and another copy
thereof to be fixed upon the outward door of the court house of the city
or county, in which the mortgaged premises, or the greater part of them
lay.
Deeds op- And be it further enacted by the authority aforesaid^ That no deed
mort^gM. conveyance, instrument or writing whatsoever, in the nature of a mort-
gage, made and executed after the said nineteenth day of March, in the
year one thousand seven hundred and seventy four, or to be made and
executed after the passing of this act, shall in any manner defeat, preju-
dice or affect, the title or interest of any bona fide purchaser, of any
messuages, lands, tenements or hereditaments, unless the same shall
have been duly registered in manner aforesaid, any thing in this act
contained, to the contrary notwithstanding.
CHAP. 46.
AN ACT for the amendment of the law, and the better advance-
ment of justice.
Passed the 27th of February, 1788.
Mutual ao- Be it enacted by the People of the State of New York^ represented in
tions^**^ Senate and Assembly ^ and it is hereby enacted by the authority of the same,
case of; That if any two or more, dealing together, be indebted to each other,
ohiimfc'" upon bonds, bills, bargains, contracts, promises, accounts or the like,
and one of them or his or her executors or administrators, commence
an action against the other or others his or her or their executors or
administrators, in any court of this State, if the defendant or defendants
cannot gainsay the deed, bargain or assumption, upon which he she or
they is or are sued, it shall be lawful for such defendant or defendants to
plead payment of all or any part of the debt or sum demanded, giving
notice, in writing, with the said plea, of what he, she or they will insist
Chap. 46.] ELEVENTH SESSION. 693
upon at the trial, for his her or their discharge, and to give any bond,
bill, receipt, account, bargain or contract so given notice of, in evidence;
and if such suit shall be brought on a bond, bill or other contract for
the recovery of a penalty, or the nonpayment of money only, or for a
penalty to secure or enforce the payment of money only, and if any
bond,- bill, or contract with such penalty as aforesaid shall be given in
evidence for the plaintiff or defendant upon such trial, in all such cases
the sum bona fide and in equity due, and not the penalty shall be deemed
as the debt due ; and if it shall appear that the debt or sum demanded
is paid or satisfied, the jury shall find for the defendant or defendants,
and judgment shall be entered that the plaintiff or plaintiffs take noth-
ing by his, her or their writt, bill or plaint; and unless the plaintiff or
plaintiffs, prosecute as executors or administrators, the defendant or
defendants shall also recover, his, her or their costs of suit against such
plaintiff or plaintiffs ; and if it shall appear that any part of the debt or
sum demanded is paid or satisfied, then so much as is found to be paid
or satisfied, shall be discounted, and the plaintiff or plaintiffs shall have
judgment for the residue only, with costs of suit. But if it appear to
the jury that the plaintiff or plaintiffs is or are overpaid, then they shall
find a verdict for the defendant or defendants, and withal certify to the
court how much they find the plaintiff or plaintiffs to be indebted or in
arrear to the defendant or defendants, more than will answer the debt
or sum demanded ; and the sum so certified, shall be recorded with the
verdict, and the defendant or defendants shall have judgment and exe-
cution for the same, together with, his her or their costs of suit, unless
the plaintiff or plaintiffs prosecute as executors or administrators, in
which case the sum so certified shall be deemed a debt of record, to be
paid in the course of administration, and the defendant or defendants,
for recovery thereof, shall have an action of debt, or a scire facias
against the plaintiff or plaintiffs in the said action.
And he it further enacted by the authority aforesaid^ That whenever it Aotlous of
shall appear probable in any cause depending in any court of record in JUS!?" rei-
this State as well where an executor or executors, administrator or admin- oreoce
istrators, is, are or may be party or parties, as otherwise that the trial of "^ered;
the same will require the examination of a long account, either on one RfSff®**'
side or the other, the said court at any time after issue is joined in such
cause, is hereby authorized with or without the consent of the parties to
refer such cause by rule to be made at discretion to referrees who shall
be three such persons as the court shall nominate, unless upon naming
them, the parties agree upon and name others, or shall elect that three
persons be ballotted for out of the panel of the jurors, if there be a jury
returned for the trial of the cause, in the usual form of ballotting for
jurors; which referrees finally fixed on, shall hear and examine the mat-
ters in controversy and report thereon, upon pain of contempt; and an
entry shall be made upon the record, of such reference, and day shall
be given to the parties from time to time, until the referrees shall make
a report in the premises, or they be thereof discharged : And if the
report or award of the referrees, or of the major part of them shall be
confirmed by the said court, and any sum be thereby found for the
plaintiff or plaintifrs, judgment shall be entered for the same with costs,
if by law the plaintiff or plaintiffs would have recovered costs, had a
verdict passed in the same cause for the sum so reported to be due;
but if the referrees or the major part of them shall report that there is
not any thing due to the plaintiff or plaintiffs, and the report be con-
firmed, then judgment shall be entered against the plaintiff or plaintiffs,
that he, she or they take nothing by his, her or their writ, bill or plaint;
694 LAWS OF NEW YORK. [Chap. 46.
and the defendant or defendants shall in such case have judgment for
and recover his, her or their costs, to be taxed, against the plaintiflf, or
plaintiffs, if by law such defendant or defendants would have been enti-
tled to costs, if a verdict had passed in the same cause for him, her or
them; and if in any case the referrees or the major part of them shall
report any sum to be due to the defendant or defendants and the report
be confirmed, then judgment shall be entered against the plaintiff or
plaintiffs, that he, she or they take nothing by his, her or their writ,
, bill or plaint. And further that the defendant or defendants shall
recover against such plaintiff or plaintiffs the sum so reported to be due to
him, her or them, with costs of suit to be taxed, and shall have execution
for the same; unless the plaintiff or plaintiffs prosecuted as executors
or administrators, in which case the sum so reported, with the costs so
taxed, shall be deemed a debt of record, to be paid in the course of
administration, and the defendant or defendants for the recovery thereof
shall have an action of debt or a scire facias against the plaintiff or
plaintiffs.
Scire facias And be it further enacted by the authority aforesaid^ That where any such
ecutoM oV action or scire facias shall be brought for the recovery of any sura so
adminia- found or reported to be due to any defendant or defendants, the person
iraiore. ^^ persons against whom such action or scire facius shall be brought,
may plead that he, she or they had fully administred, the goods of his
her or their testator or intestate, at the time of the verdict given or
report made, and may give in evidence any payments made by him, her
or them, or judgment obtained against him, her or them before that
time.
CoBts, tax- And be it further enacted by the authority aforesaid^ That upon taxing
amouut!^** the costs in all causes so referred, where costs are to be recovered, a
reasonable allowance shall be made to the prevailing party, for such
services and expences as may accrue upon or attend the referrence of
the cause; and that process of subpoena may issue to convene witnesses
before the referrees, as is usual on the execution of writs of enquiry of
damages, who shall be examined on oath; and that there shall be allowed
to each referree attending the said business, the sum of eight shillings
for every day necessarily spent in the business of the reference, besides
a reasonable allowance for their expences, which shall be paid by the
prevailing party, and shall be allowed upon taxing costs, where costs are
recoverable. And further that each referree before he proceeds to the
business of the referrence, shall take an oath faithfully and fairly to hear
and examine the cause and make a true and just report, according to
the best of his skill and understanding; which oath, as well as the oaths
of the witnesses, may be taken before any judge of any court of record
or any justice of the peace.
PajTiient And be it further enacted by the authority aforesaid* That where any
aecured action of debt is or shall be brought upon any single bill; or where any
before action of debt or scire facius is or shall be brought upon any judgment,
brouSit. if the defendant hath paid the money due upon such bill or judgment,
rhaive ^"^^ payment shall and may be pleaded, in bar of such action or suit;
bond. and where an action of debt is or shall be brought upon any bond which
hath a condition or def eazance to make void the sam^ upon payment of
a less sum, at a day or place certain, if the obligor, his heirs, executors
or administrators, have, before the action brought, paid to the obligee,
his executors or administrators, the principal ana interest due by the
condition or def eazance of such bond, though such payment was not
made strictly according to the condition or defeazance, yet it shall and
may nevertheless be pleaded in bar of such action, and shall be as effec-
Chap. 46.J ELEVENTH SESSION. 695
tual a bar thereof, as if the money had been paid at the day and place,
according to the condition or defeazance, and had been so pleaded.
And be it further enacted by the authority aforesaid^ That if at any time Payment
pending an action upon any such bond with a penalty, the defendant of^mdue.
shall bring into the court where the action shall be depending, all the
principal money and interest due on such bond, and also all such costs
as have been expended in any suit or suits, in law or equity, upon such
bond, the said money so brought in, shall be deemed and taken to be in
full satisfaction and discharge of the said bond, and the court shall and
may give judgment to discharge every such defendant of and from the
same accordingly.
And be it further enacted by the authority aforesaid. That in all actions Actions on
now depending or hereafter to be commenced, or prosecuted in any ^velfau'ts;
court of record, upon any bond or bonds, or for any penal sum, for non breaches,
performance of any covenants or agreements in any indenture, deed or
writing contained, or upon any bond or bonds, with any condition, other
than for payment of money, the plaintiff or plaintiffs may assign as many
breaches as he or they may think fit, and the jury, upon trial of such
action or actions, shall and may assess, not only such damages and costs
of suit as have heretofore been usually done in such c ases ; but also
damages, for such of the said breaches so assigned, as the plaintiff or
plaintiffs, upon the trials of the issues, shall prove to have been broken,
and that the like judgment shall be entered on such verdict, as hereto-
fore hath been usually done in such like actions: And if the judgment
shall be given for the plaintiff or plaintiffs on a demurrer, or by confes-
sion, or nihil dicit, the plaintiff or plaintiffs may suggest upon the roll or
record as many breaches of the covenants, conditions or agreements, as
he or they shall think fit, upon which shall issue a writ to the sheriff of
the county where the action is or shall be brought or laid, to summon a
jury to appear in the court, where the action is or shall be brought, if
such court shall sit in the same county where the action is or shall be
brought, or in case the court in which the action is or shall be brought,
shall not sit in the county where the action is laid, then before the jus-
ticec or justice of the supreme court, at the next circuit court to be held
in the county, where the action is laid, to enquire of the truth of every
one of those breaches, and to assess the damages that the plaintiff or
plaintiffs shall have sustained thereby; in which writ, if to be executed
"before the justices of the supreme court or any of them, at the circuit
court, it shall be commanded to the said justices or justice, who shall
hold such circuit court, that he or they make a return thereof to the court
from whence the same writ shall issue at the time in such writ men-
tioned; and in case the defendant or defendants, after such judgment
entered, and before any execution executed, shall pay into the court
where the action is or shall be brought, to the use of the plaintiff or
plaintiffs, or his or their executors or administrators, such damages, so
to be assessed by reason of all or any of the breaches of such covenants,
conditions or agreements, together with costs of suit, a stay of execution
of the said judgment shall be entered upon record; or if, by reason of
any execution executed, the plaintiff or plaintiffs or his or their execu-
tors or administrators shall be fully paid or satisfied all such damages so
assessed, together with his or their costs of suit, and all reasonable
charges and expences for executing the said execution, the body, lands
and goods of the defendant shall be thereupon forthwith discharged
from the said execution, which shall likewise be entered upon record;
but notwithstanding, in each case, such judgment shall remain, continue
and be, as a further security to answer to the plaintiff or plaintiffs, and
696
LAWS OF NEW YORK.
[Chap. 46.
Ball bond
taken by
sheriff,
asaiKii-
nient to
plaintiff.
Death of
parties
after Inter-
locutor/
and before
final Judg-
ment.
his or their executors or administrators, such damages as shall or may
be sustained, for further breach of any covenant or covenants, con-
dition or conditions, agreement or agreements, in the same bond, inden-
ture, deed or writing contained, upon which the plaintiff or plaintiffs or
his or their executors or administrators, may have a scire facias upon
the said judgment, against the defendant or defendants, or against his,
her, or their heirs, devisees, or terre-tenants, or executors or administra-
tors, suggesting other breaches of the said covenants, conditions or
agreements, and to summon him or them respectively to shew cause why
execution shall not be had or awarded upon the said judgment, upon
which there shall be the like proceedings as were in the action of debt
upon the said bond or obligation for assessing of damages upon trial of
issues joined upon such breaches, or inquiry thereof, upon a writ to be
awarded in manner aforesaid. And that upon payment or satisfiction
in manner as aforesaid, of such future damages, costs and charges as
aforesaid, all further proceedings on the said judgment shall again be
stayed, and so toties quoties; and the defendant, his body, lands and
goods, shall be discharged out of execution as aforesaid.
And be it further enacted by the autJiority aforesaid^ That if any person
or persons have been or shall be arrested b^ any writ bill or process
issuing out of any court of record, at the suit of any common person or
persons, and the sheriff or any other officer hath taken or shall take bail
from such person or persons, against whom such writ, bill or process
was or shall be taken out, the sheriff or other officer, at the request and
cost of the plaintiff in such action or suit, or his lawful attorney, shall
assign to the plaintiff in such action, the bail bond or other security
taken from such bail, by indorsing the same and attesting it under his
hand and seal, in the presence of two or more credible witnesses; and if
the said bail bond or assignment or other security taken for bail, be for-
feited, the plaintiff in such action, after such assignment made, may
bring an action or suit thereupon in his own name, and the court where
the action is brought, may by rule or rules of the same court, give such
relief to the plaintiff and defendant in the original action, and to the
bail upon the said bond, or other security taken from such bail, as is
agreeable to justice and reason; and that such rule or rules of the said
court shall have the nature and effect of a defeazance Oi' such bail bond,
or other security for bail.
And be it further enacted by the authority aforesaid. That in all actions
depending or to be commenced in any court of record, if any plaintiff
happen to die after an interlocutory judgment, and before a final judg-
ment obtained therein, the said action shall not abate by reason thereof,
if such action might be, originally prosecuted or maintained by the
executors or administrators of such plaintiff ; and if the defendant die
after such interlocutory judgment and before final judgment therein
obtained, the said action shall not abate, if such action might be origin-
ally prosecuted or maintained against the executors or administrators of
such defendant ; and the plaintiff, or if he be dead, after such interlocu-
tory judgment, his executors or administrators, shall and may have a
scire facias against the defendant, if living, after such interlocutory
judgment, or if he died after, then against his executors or administrat-
ors, to shew cause why damages in such action should not be assessed
and recovered by him or them; and if such defendant, his executors or
administrators shall appear at the return of such writ, and not shew or
alledge any matter sufficient to arrest the final judgment, or being
returned warned, or upon two writs of scire facias, it be returned that
the defendant, his executors or administrators, had nothing whereby he
Chap. 46.] ' ELEVENTH SESSION. 697
or they might be summoned, and could not be found in the county,
shall make default, that thereupon, a writ of inquiry of damages shdl
be awarded; which being executed and returned, judgment linal shall be
given for the said plaintiff, his executors or administrators prosecuting
such writ or writs of scire facias against such defendant, his executors
or administrators respectively.
And be it further enacted by the authority aforesaid^ That if in any Death of
action or suit there be two or more plaintiffs or defendants, and one or 2?m*ore'^*^
more of them shall die, if the cause of such action shall survive to the plaintiffs
surviving plaintiff or plaintiffs, or against the surviving defendant or 2^^^®"^"
defendants, the writ or action shall not be thereby abated, but such
death being suggested upon the record, the action shall proceed at the
suit of the surviving plaintiff or plaintiffs, against the surviving defend-
ant or defendants.
And be it further enacted by the authority aforesaid^ That in all actions Death of
real, personal or mixed, the death of either party between the verdict verSct^'^'^
and the judgment shall not hereafter be alledged for error, so as such
judgment be entered within two terms after such verdict.
Afid whereas suits commenced by original writs have been protracted
and delayed, by reason of the necessity of having fifteen days at the
least, between the days of the teste and the days of the return of the
writs used in personal actions, and in actions of ejectment for lands and
tenements ; for remedy whereof, be it further enacted by the authority Teete day
aforesaid, That in all actions of debt, and all other personal actions S? wrS?""*
whatsoever, and in all actions of ejectment for lands or tenements now JJJJJ^®"
depending or which at any time hereafter shall be depending, by orig-
inal writ, in any court of record, after any issue joined therein, to be
tried by a jury, and also after any judgment had or obtained or to be
had or obtained, in any such court, in any such action as aforesaid,
there shall not need to be fifteen days between the teste day and the
day of the return of any writ or writs of venire facias, habeas corpora
juratorum, or distringas juratores, writs of fieri facias, or capias ad sat-
isfaciendum [except writs of capias ad satisfaciendum whereon a writ
of exigent after judgment is to be awarded, and writs of capias ad sat-
isfaciendum against defendants in order to make any bail liable]; and
that the want of fifteen days, between the teste day and the day of the
return of any such writ (except as before excepted) shall not be, nor
shall be assigned taken or adjudged to be any matter or cause of error.
And whereas many great inconveniences have arisen to the citizens
and inhabitants of this State, by means of delaying the trials of causes
between party and party after issue joined; for remedy whereof, be //DfsmisBai
further enacted by the authority aforesaid^ That where any issue is or pfiSStfor
shall be joined whether the issue roll be filed or not in any action or '^ant of
suit at law, in any court of record, and the plaintiff or plaintiffs in any tion.
such action or suit hath or have neglected, or shall neglect to bring such
issue on to be tried according to the course and practice of the said
courts respectively, it shall and may be lawful for the judge or judges of
the said court respectively, at any time after such neglect, upon motion
made in open court, (due notice having been given thereof) to give the
like judgment for the defendant or defendants in every such action or
suit as in cases of non suit, unless the said judge or judges shall, upon
just cause and reasonable terms allow any further time or times for the
trial of such issue; and if the plaintiff or plaintiffs shall neglect to try
such issue within the time or times so allowed, then and in every such
case, the said judge or judges shall proceed to give such judgment as
aforesaid ; and that all judgments so given shall be of like force and
Vol. 2.-88
698
LAWS OF NEW YORK.
[Chap. 46.
Notice of
trial.
Id.
Chancerv,
death of
one of de-
fendants.
CbanoeiT,
death of
one of
parties.
effect as judgments upon non suits and of no other force or effect: And
also that the defendant or defendants shall upon such judgment be
awarded, his or her or their, costs in any action or suit where he, she or
they would upon non suit be entitled to the same, and in no other action
or suit whatsoever.
And be it further enacted by the authority aforesaid^ That no indictment,
information or cause whatsoever, shall be tried before any judge or
judges of any court of record within this State, where the defendant or
defendants reside above forty miles from the place where the court is
held, in which such cause shall be tried, unless notice of trial in writing
has been given at least fourteen days before such intended trial.
And be it further enacted by the authority aforesaid^ That in case any
party or parties shall have given such notice of trial as aforesaid, and
shall not afterwards duly countermand the same, in writing, at least six
days before such intended trial, every such party shall be obliged to pay
unto the party or parties to whom such notice or trial shall have been
given as aforesaid, the like costs and charges, as if such notice of trial
had not been countermanded.
And be it further enacted by the authority aforesaid^ That if in any
suit or action now depending or hereafter to be brought in the court of
chancery, there be two or more plaintiffs or defendants, and one or more
of them shall die, if the cause of such suit or action shall survive to the
surviving plaintiff or plaintiffs, or against the surviving defendant or
defendants, such suit or action shall not be thereby abated; but such
death being suggested and shewn by affidavit or otherwise, to the satis*
faction of the court, such suit or action shall proceed at the suit of the
surviving plaintiff or plaintiffs, against the surviving defendant or
defendants.
And be it further enacted by the authority aforesaid^ That in all and
every suit or action in the court of chancery in which any bill or bill§
is, are or shall or may hereafter be filed, and in which there shall
be two or more plaintiffs or defendants and any of them shall die and
the cause of action shall not survive, but other persons shall become
parties in interest, in right or by the death of such deceased party, such
suit shall by reason of such death be abated, only with respect to such
deceased person or persons, and the surviving plaintiff or plaintiffs shall
and may proceed against the surviving defendant or defendants, without
reviving the suit against the representatives of the deceased party, or
any other who may become interested by the death of such person or
persons; but that in such case such representatives, or such person or
persons as shall become interested by the death of such party, shall not
be bound by any order or decree in such cause to which they are not
made parties: And in case the plaintiff or plaintiffs shall chuse to make
the representatives of the deceased person, or others who may become
interested by the death of such person, parties to such suit, no bill of
revisor or subpoena revivendum shall be necessary, but the court shall
and may, by rule or order, as often as there shall be occasion for it,
direct the suit to stand revived, which rule or order shall be served on
the adverse clerk; and unless the representatives of such deceased per-
son, or others who may become interested by the death of such person
shall within eighty days after such service as aforesaid, appear and
put in their answer or signify their disclaimer of the suit, and the mat-
ters in controversy therein, the plaintiff or plaintiffs may cause their
appearance to be entered, Jind in sucl\ case the answer of the deceased
person shall be deemed and taken as and for the answer of such repre-
sentatives, or other person or persons interested by the death of such
Chap. 46.J ELEVENTH SESSION. 699
I
person. And further^ that in case any plaintiff or plaintiffs in any such
suit now depending, or hereafter to be brought, wherein the cause of
action shall not survive as aforesaid, shall happen to die pending such
suit, the lawful representative or representatives of such deceased plain-
tiff or plaintiffs, or any other person or persons interested by the death
of surh plaintiff or plaintiffs, shall and may upon affidavit thereof by him
or them, or any other person- or persons, and on motion made in open
court, be, by the rule or order of the court, inserted as a complainant or
complainants in the said suit, and be permitted to make such amendment
in the bill or bills of complaint, as his, her, or their title or interest
therein may require; to which amendment or amendments the defend-
ant or defendants shall be compellable, by rule or order of the said
court, to answer, proceed to issue and examination of witnesses, and
production of proofs; and all other proceedings shall be had thereon as
in ordinary cases; and in case such person or persons shall not, in eighty
days after the death or deaths of such plaintiff or plaintiffs, cause him-
self, herself or themselves to be entered as plaintiff or plaintiffs as afore-
said, in the room of such deceased plaintiff or plaintiffs, that then and
in every such case the surviving plaintiff or plaintiffs may insert the
representative or representatives of such deceased plaintiff or plaintiffs,
or other person or persons interested by his her or their death, as
defendant or defendants in such suit, and proceed in the manner herein
before directed, in cases where the lawful representative or representa-
tives of a deceased defendant or defendants may be made party or
parties.
And be it further enacted by the authority aforesaid^ That no subpoena, Subpcenas
or any process for appearance do issue out of the court of chancery, Jjo^"-^""*^"
until after the bill is filed with the proper officer in the said court, except
in cases of bills for injunctions to stay waste, or to stay suits at law com-
menced ; and that no injunction shall be granted or issued in any case
until the bill is filed as aforesaid. And further^ that no copy, abstract
or tenor of any bill in equity do go with the dedimus or commission for
taking the defendant's answer.
And be it further enacted by the autJwrity aforesaid^ That if in any Neslect of
suit which hath been or shall hereafter be commenced in the court of to center"'
chancery of this state, any defendant or defendants, against whom any appear-
subpoena or other process shall issue, shall not cause his, her or their chancery,
appearance to be entered upon such process, within such time and in
such manner as according to the rules of the said court the same ought
to have been entered, in case such process had been duly served; or if
any such defendant or defendants after service of any subpoena or other
process so issued out of the said court, shall neglect or refuse to enter,
his, her or their appearance, within such time and in such manner as
directed by the rules of the said court, and an affidavit or affidavits shall
be made to the satisfaction of the said court, that the said defendant or
defendants is or are beyond sea, or out of this State, or otherwise absent
himself, herself or themselves, in this State, then and in any such case,
the said court shall and may make an order directing and appointing
such defendant or defendants, to appear at a certain day therein to be
mentioned; and a copy of such order shall, within twenty days, be
inserted in one or more of the public newspapers printed in this State,
and be published therein eight weeks successively, at least once in each
of the said weeks, and if the defendant or defendants do not appear
within the time limited by the said order, or within such further time as
the court shall appoint, then, on proof made to the satisfaction of the
court that such order was duly published as aforesaid, the said court
700 LAWS OF NEW YORK. [Chap. 46.
may order the plaintiffs bill to be 'taken pro confesso and make such
decree thereupon as shall be thought just; and may thereupon issue
process to compel the performance of such decree, either by an immedi-
ate sequestration of the real and personal estate and effects of the
defendant or defendants so absent as aforesaid, or such part thereof as
may be sufficient to satisfy the demands of the plaintiff in the said suit,
or by causing possession of the estate or effects demanded by the bill to
be delivered to the plaintiff; and the said court of chancery may like-
wise order such plaintiff or plaintiffs to be paid and satisfied his, her or
their demands, out of the estate or effects so sequestered, according to
the true intent and meaning of such decree; such plaintiff or plaintiffs
first giving sufficient security in such sum as the court shall think proper,
to abide such order touching the restitution of such estate or effects, as
the said court shall think proper to make concerning the same, upon the
defendant or defendants appearance to defend such suit, and paying
such costs to the plaintiff or plaintiffs, as the court shall order : But if
the plaintiff or plaintiffs shall refuse or neglect to give such security as
aforesaid, then the said estate or effects shall remain under the direction
of the said court until the appearance of the defendant or defendants
and his her or their paying such costs to the plaintiff or plaintiffs, as the
said court shall think reasonable, or until such order shall be made
therein as the court shall think just.
Decrees Prmnded always^ and it is hereby further enacted by the authority afore-
SSent ^^^^^ That if any decree shall be made in pursuance hereof, against any
peraoD. person or persons so absent as aforesaid, and such person or persons,
his, her or their heirs devisees, executors or administrators, (as the case
may require) shall within one year after notice in writing being given to
him, her or them, of such decree, or if no such notice is given, then within
seven years after the making of such decree, appear in court, and petition
to be heard with respect to the matter of such decree, and shall pay
down or give security for payment of such costs as the court shall think
reasonable in that behalf, the person or persons so petitioning may be
admitted to answer the bill exhibited, and issue may be joined, and
witnesses on both sides examined, and such other proceedings, decree
and execution may be had thereon, as if the absent defendant or defend-
ants had originally appeared, or as if no former decree had been in the
same cause. Provided nether theless, and be it further enacted by the author-
ity aforesaid, That if any person or persons, against whom such decree
shall be made, his, her or their heirs, devisees, executors or administra-
tors, shall not, within seven years next after the making of such decree,
appear and petition, to have the cause reheard, and pay down or give
security for payment of such costs as the court shall think reasonable
in that behalf, such decree made as aforesaid shall stand absolutely con-
firmed against the said person or persons against whom such decree
shall be made, his, her and their, heirs executors and administrators,
and against all persons claiming or to claim, by, from or under him, her,
them or any of them, by virtue of any act done or to be done subse-
quent to the commencement of such suit; and at the end of such seven
years it shall and may be lawful for the court to make such further
order as shall be just and reasonable, according to the circumstances of
the case.
Entry of And be it further enacted by the authority aforesaid. That if any defend-
aEcelly ant or defendants shall be brought into the said court of chancery, by
order of any writ of habeas corpus, or other process issuing out of the said court,
and shall refuse or neglect to enter, his, her or their appeanance, accord-
ing to the rules of the said court, or to appoint a clerk in court to act
Chap. 46.J ELEVENTH SESSION. 701
on his, her or their behalf respectively, the said court may appoint a
clerk in court to enter an appearance for such defendant or defendants
respectively, and such proceedings may thereupon be had in the cause,
as if the party had actually appeared.
And be it further enacted by the authority aforesaid^ That all persons Actiong
who now are or hereafter shall be jointly indebted to any other person J?,*Jlt iJgia.
or persons whomsoever, for or upon any joint contract, obligation, matter lature.
or thing whatsoever, for which remedy could or might be had at law,
against such debtors, in case all were or could be taken by process
issued out of any court in this State, shall .be answerable to their credi-
tors seperately for such debts, that is to say, such creditor or creditors
shall antl may issue process against such joint debtors in the manner
now in use; and in case any or either of such joint debtors shall be
taken and brought into court by virtue of such process, he, she, or they
so taken and brought into court, shall answer to the plaintiff or piain-
tiffs. And in case the judgment shall pass for the plaintiff or plaintiffs,
he, she or they shall have, his, her or their judgment and execution
against him, her or them so brought into court, and against the other
joint debtor or debtors named in the process, in the same manner as if
they had been all taken, and brought into court by virtue of such pro-
cess ; But it shall not be lawful to issue or execute any such execution
against the body, or against any lands or goods the sole property of any
person not brought into court.
And whereas a practice hath lately been introduced of inserting in
bonds, bills, covenants and other contracts in writing, a clause or power
or warrant to confess a judgment thereon, whereby many persons, being
ignorant of the efficacy and consequence of such a clause, power or
warrant, have suffered great loss; for remedy whereof, Be it further judfrments
enacted by the authority aforesaid^ That no judgment shall hereafter be 2?tered on
entered upon any bond, bill, covenant or other contract in writing to be confesRinn
made after the first day of January next, upon the confession of any Sey? '^'^'^^
attorney, by virtue or in consequence of any warrant, power or authority
whatsoever, contained, written or printed in the same instrument, paper
or parchment with the same bond, bill, covenant or contract. And fur- ^
thery that every attorney who shall confess any judgment in any case
whatsoever, shall, at the time of making such confession, produce his
warrant for making the same to the court or judge before whom he
makes the same confession, and the same warrant shall then be filed
with the proper officer of the court in which the judgment shall be
entered. And moreover ^ no judgment shall hereafter be entered upon
any confession taken out of court, before any or either of the judges of
the courts of common pleas or mayor's courts or either of them and if
any judgment shall be so entered, the same shall be void and holden for
none. But all such judgments heretofore bona fide entered, and which
shall be bona fide entered before the first day of May next, and all exe-
cutions thereon shall be and hereby are confirmed, although the same
judgments were or shall be entered upon confession before one only, or
more of the judges out of court.
And be it further enacted by the authority aforesaid, That the supreme Commia-
court shall and may, by one or more commission or commissioners under jJSte^^^®
the seal of the said supreme court, from time to time, as need shall davit*,
require, impower such and so many person and persons, as they shall
think fit and necessary in all and every the several counties within this
State, to take and receive all and every such affidavit and affidavits as
any person or persons shall be willing and desirous to make before any
or either of the persons so impowered, in or concerning any matter,
702
LAWS OF NEW YORK.
[Chap. 46.
Judges of
common
pleas,
power to
take bail.
cause or thing depending, or hereafter to be depending, or any wise
concerning any of the proceedings to be had in the said supreipe court,
or in the court of exchequer; which said affidavits taken as aforesaid,
shall be filed with the proper officer of the court in which they are to be
used, and then be read and made use of in the said courts to all intents
and purposes, as other affidavits taken before any or either of the jus-
tices of the supreme court now are or may be: And that all and every
affidavit and affidavits taken as aforeaid shall be of the same force as
affidavits taken in the said supreme court, or court of exchequer now
are; and that every person forswearing himself, or herself, in any such
affidavit or affidavits, shall incur and be liable unto the same penalties
as if such affidavit or affidavits had been made and taken in open court
And further, that for the taking of every such affidavit, the person so
impowered and taking the same, shall take and receive, for so doing,
one shilling and no more.
And be it further enacted by the authority aforesaid. That the several
judges of the courts of common pleas within the respective cities and
counties of this State, shall be, and hereby are fully authorized and
impowered, in each of the said cities and counties, where such judges
are or shall be commissioned, to take and receive every such recogni-
zance or recognizances of bail as any person or persons, is, are or shall
be desirous to make before him, in any action or suit depending or
hereafter to be depending in the supreme court, or court of exchequer;
and in such manner and form and by such recognizance or bail piece,
as the respective justices of the supreme court usually take the same;
which said recognizance or recognizances, or bail piece or bail pieces so
taken as aforesaid, shall be forthwith transmitted, by the defendant in
the suit or action, to one of the justices of the supreme court; and the
said justice, to whom sUch recognizance or bail piece shall be so trans-
mitted, shall accept and receive the same: And every such recogni-
zance of bail or bail piece so taken and transmitted as aforesaid, shall
be of the like effect, as if the same were taken before any justice or
justices of the said supreme court; and the cognizor or cognizorsof
such bail or bails, shall not be compelled to appear in person before
such justice or justices, or in the said supreme court or court of excheq-
uer : And the said judges of the courts of common pleas shall examine
the sureies to such recognizances of bail or bail pieces as aforesaid,
when and so often as they shall be thereunto respectively requested, by
any person or persons concerned, interested in, or affected by, such bail,
recognizance or surety thereon, concerning the value of such surety's
estate and personal circumstances. Proinde.d always, that all plaintiffs,
their council or attornies shall have the same time allowed for excepting
against the sureties to be given in the manner aforesaid, as is allowed
when such recognizance or bail is taken before one of the justices of the
supreme court. And further, that such justice of the supreme court, as
shall accept and receive any such recognizance or bail piece, so to him
transmitted, shall receive one half such fees as he is or shall be entitled
to by law for taking bail and upon receipt thereof, shall file such recog-
nizance of bail or bail piece, and in all things proceed thereon, as if the
said recognizance of bail or bail piece had been taken by him ; and the
judge of the court of common pleas who shall take such recognizance of
bail or bail piece, shall be allowed and receive for taking the same one
half of such fee, as is or shall be allowed by law to the justices of the
supreme court for taking bail, when the same is taken before them, or
any of them, and no more.
Chap. 46.] ELEVENTH SESSION. TOo
And be it further enacted by the authority aforesaid. That if now, or Proceed-
at any time hereafter, any defendant or defendants be taken or charged Ii"e^,HU,!rt^
in custody at the suit of any person or persons, upon any writ or writs }» conflneci
or process out of any court of record, and imprisoned or detained in want of "^
prison for want of sureties, for his, her or their appearance to the same, ******
the plaintiff or plaintiffs in such writ or writs or process, shall and may,
by virtue of this act, before the end of the next term after such writ or
process shall be returnable, declare against such prisoner or prisoners
in the respective court or courts out of which the writ or writs or pro-
cess issued, whereupon the prisoner or prisoners shall have been, or may
be taken and imprisoned or charged in custody, and shall or may cause
a true copy thereof to be delivered to such prisoner or prisoners, or to
the sheriff or other officer, goaler or keeper of the prison or goal, in whose
custody such prisoner or prisoners shall be and remain; to which declara-
tion or declarations, the said prisoner or prisoners shall appear and plead;
and if such prisoner or prisoners shall not appear and plead to the same, the
plaintiff or plaintiffs, in such cases, shall have judgment in such manner as
if the prisoner or prisoners had appeared in the said respective courts and
refused to answer or plead to such declaration. And further^ that in
all declarations against any prisoner or prisoners detained in prison by
virtue of any writ or process, issued or to be issued out of any court of
record, it shall be alledged in custody of what sheriff or officer such
prisoner or prisoners shall be at the time of such declaration, by virtue
of the process of the said court at the suit of the plaintiff or plaintiffs.
And moreover y that every such sheriff, officer, goaler or keeper of any
prison or goal, upon whom any such copy of any such declaration shall
be served, shall, within ten days thereafter, deliver the same to the
defendant or defendants therein named, with a note of the time of the
service thereof upon such sheriff or officer as aforesaid ; and if any such
sheriff, officer, goaler or keeper of any prison or goal, to whom any such
copy of any declaration shall be delivered as aforesaid, shall neglect to
deliver the same to such defendant or defendants, such sheriff, officer,
goalor or keeper of any prison or goal, shall be liable and answerable to
such defendant or defendants, for all damages occasioned by such neg-
lect.
And whereas ^q;^2\ justice ought to be administred as well to the
poor, as to the rich; and for the relief of the poor, who be not of ability
to sue according to law for the redress of injuries and wrongs to them
done, as well concerning their persons, and their inheritance, as other
causes. Be it further enacted by the authority aforesaid. That every such Actions by
poor person or persons, who have or hereafter shall have cause of action gong.'^'^'
or suit against any person or persons in this State, shall have, by
the discretion of the chancellor for the time being, writ or writs original
or writs of subpoena, according to the nature of their causes, without
paying any thing for the seals or for writing of the same writs; and if
the suit is to be prosecuted in the court of chancery, the chancellor
shall assign to the same poor person or persons, council learned in the
law and solicitors, and all other officers requisite and necessary for the
prosecuting and speeding of the same suits, who shall give their council
and do their duty without taking any reward, for their council, help and
business in the same suit or suits : And if such action or actions, suit or
suits, is or are to be commenced or prosecuted in any other court, the
judges or justices of such court shall, by their discretion, assign to such
poor person or persons council learned in the law and attornies, and all
other officers requisite and necessary for the prosecuting and speeding
of the same actions and suits, who shall give their council and do their
704
LAWS OF NEW YORK.
[Chap. 46.
Id
duty without taking any reward for their council, help and business in
the same actions and suits. And in case any such plaintiff or plaintiffs
shall be nonsuited, or a verdict or judgment be given against him, her
or them, in any such action or suit, he, she or they shall not be com-
pelled to pay any costs to the defendant or defendants in any such action
or suit.
And whereas persons trespassing upon lands often defend against
suits brought for the same, under feigned pretences, until judgment
passes for the plaintiff and then abscond or depart out of the State, to
the great injury of the plaintiff or true proprietors, for want of bail
given by the defendant at the commencement of the suit; for remedy
Actions for whereof, be it further enacted by the authority aforesaid^ That the plaintiff
trespass. ^^ plaintiffs shall in all such actions of trespass be entitled to special
bail, and that an ac etiam or proper clause for that purpose may be
accordingly inserted in the first process; and that the plaintiff or plaint-
iffs shall have all the advantages, as well thereupon as upon the bail
bonds that may be taken on the arrest, as in assumption and other actions
where the defendant is held to bail, and that both parties shall be sub-
ject to such discretionary rules and orders of court, respecting such
suits in trespass, and on the bail bonds, as are used in other cases.
And be it further enacted by the authority aforesaid y That in all
actions of trespass quare clausum f regit, already brought, or hereafter
to be brought, wherein the defendant or defendants shall disclaim in
his, her or their plea to make any title or claim to the land in which the
trespass is by the declaration supposed to be done, and the trespass he
by negligence or involuntary, the defendant or defendants shall be
admitted to plead a disclaimer, and that the trespass was by negligence
or involuntary, and a tender or offer of sufficent amends, for such tres-
pass before the action brought, whereupon or upon some of them the
plaintiff or plaintiffs shall be enforced to join issue; and if the said issue
be found for the defendant or defendants, or the plaintiff or plaintiffs
shaU be nonsuited, the plaintiff or plaintiffs shall be clearly barred from
the said action or actions, and all other suits concerning the same.
And be it further enacted by the authority aforesaid^ That no dilatory
plea shall hereafter be received in any court of record, unless the party
offering such plea do by affidavit prove the truth thereof, or shew some
probable matter to the court to induce them to believe that the fact of
such dilatory plea is true.
And be it further enacted by the authority aforesaid^ That all grants
and conveyances made since the eighth day of March in the year of our
Lord one thousand seven hundred and seventy three, or hereafter to be
made, by fine or otherwise, of any manors, messuages, lands, tenements
or rents, or of the reversion or remainder of any messuages, lands or
tenements, shall be good and effectual to all intents and purposes, with-
out any attornment of the tenants of any such manors, messuages, lands
or tenements, or of the lands out of which such rents shall be issuing,
or of the particular tenants upon whose particular estates any such
reversions or remainders were, shall or may be expectant or depending,
as if their attornment had been had and made; provided nrcerihdcss
that no such tenant shall be prejudiced or damaged by payment of any
rent to any such grantor or cognizor, or by breach of any condition for
nonpayment of rent, before notice given to him of such grant, by the
conusee or grantee.
And be it further enacted by the authority aforesaid^ That all warranties
which have been made since the said eighth day of March in the year
of our Lord one thousand seven hundred and seventy three, or which
Dilatory
pleas.
Grants of
lands COO'
firmed.
Warranties
declared
void.
Chap. 47.] ELEVENTH SESSION. 705
• shall hereafter be made, by any tenant for life, of any lands, tenements
or hereditament, the same descending or coming to any person in rever-
sion or remainder, shall be void and of none effect; and likewise all
colateral warranties which have been made since the said eighth day of
March in the year of oar Lord one thousand seven hundred and seventy
three, or which shall hereafter be made, of any lands, tenements or
hereditaments, by any ancestor who had or has no estate of inheritance
in possession in the same at the time of making such warranty shall be
void against his heirs.
And be it further enacted by the authority aforesaid^ That the dying Descent
seized of any deseizor, of or in any manors, lands, tenements or other Je?^p^not;
herditaments, having no right or title therein, shall not be taken or deemed de-
deemed any such descent in the law as to toll or take away the entry of JJ^J)' ^
any such person or persons, or their heirs, who at the time of the same
descent, had, or shall have, good and lawful title of entry into the said
manors, lands, tenements, or hereditaments; except that such diseisor
hath had the peaceable possession of such manors, lands, tenements or
hereditaments, whereof he hath died or shall die seized, by the space of
five years next after the disseisin by him committed, without entry or
continual claim, by or of such person or persons as had or shall have
lawful title thereunto.
And be it further enacted by the authority aforesaid That every person Foreman
who shall hereafter be appointed foreman of a grand jury, shall be, juiySi^
from the time of his being appointed till his discharge, impowered and Jjfjjj"*'*^''
authorized to administer the usual oath to such witnesses as shall come
to give evidence to the grand jiiry whereof he is foreman.
And be it further enacted by the authority aforesaid^ That the law Attaints
concerning attaints upon untrue verdicts shall be and hereby is abbl- yerS?cte.^
ished.
And be it further encuted by the authority aforesaid That from and English
after the first day of May next none of the statutes of England or of openSe! ^
Great Britain shall operate or be considered as laws of this State.
CHAP. 47.
AN ACT for appointing commissioners, to hold treaties with the
Indians, within this State.
Passed the ist of March, 1788.
Be it enacted by the People of the State of New York^ represented in Oommla-
Senate and Assembly, and it is hereby enacted by t/ie authority of the same^ treat with
That the person administering the government of this State for the time Indians,
being, and William Floyd, Ezra L'Homedieu, John Laurence, Richard
Varick, Samuel Jones Egbert Benson and Peter Gansvoort junior be,
and are hereby appointed commissioners, with power either jointly with
commissioners to be appointed by the Commonwealth of Massachusetts,
for the purpose, or on the part of this State seperately, to hold treaties
and conferences, from time to time, as the person administring the
government of this State for the time being, shall deem the occasion to
require, with the Indians, residing within this State, and every or any
tribe or nation of the said Indians, touching such matters, and to take
such measures for preserving the friendship of the said Indians, and
also to enter into such engagements and contracts with the said Indians,
and to purchase or procure from them such lands and other heredita-
VoL. 2.-89
706 LAWS OF NEW YORK. [Chap. 47.
ments, on such terms, and in such form, as the said commissioners
hereby appointed shall deem fit, for the welfare of this State; and with
further power, to enquire touching all leases, or other purchases of, or
contracts for the sale of lands, suggested to have been obtained or made,
without the authority or consent of the legislature, from or with the said
Indians, or any of them, by or to any person or persons; and to make
report thereof, from time to time, to the legislature; and to that end to
examine persons, on oath, touching the premises so to be enquired of,
and by writing under their hands, to require persons to appear before
them, at such time and place as shall be specified in such writing, and
to give evidence touching the said premises, on pain of one hundred
pounds. And every person being duly summoned, who shall refuse to
appear, or appearing shall refuse to give evidence, shall forfeit the said
sum of one hundred pounds, to the people of this State ; and with fur-
ther power, to make and enter into agreements and stipulations, with
commissioners to be authorized by the commonwealth of Massachusetts
for that purpose, touching the means to be used by the said common-
wealth and this State jointly, for preventing intrusions on the lands
reciprocally ceded by this State and the said commonwealth to each
other, and for preserving to the said commonwealth and this State, their
respective rights to the said lands
Militia And for the more orderly holding and conducting such treaties, be it
SJJed out. f^^^^^^ enacted by the authority aforesaid, That it shall be lawful for the
person administering the government of this State for the time being, in
his discretion, to order out any proportion of the militia from any part
of this State, to march to the place or places where the said treaties and
conferences may from time to time be held, and such occasion to be
deemed an emergency intended in the second section of the act entitled
"An act to regulate the militia," passed the 4th day of April one thou-
sand seven hundred and eighty six ; and the detachments so from time
to time to be ordered out, to receive the same pay and rations, and to
be subject to the same rules and regulations, as is provided in the said
Persons re section of the said act. And further, that it shall be lawful for the said
pl^*ce oT*' commissioners, by writing under their hands, to require any and every
holding person, not being an actual resident within one mile of the place where
be^com™*^ the said treaties may from time to time be held, to depart from such
Separt^ place, within such reasonable time, as in such writing shall be specified,
and Jo retire to such convenient distance from the said place, as the
said commissioners shall deem proper ; and every person who being so
required to depart, shall not depart, or departing, shall during the hold-
ing such treaty return again to such place, without the licence of the
commissioners, shall be deemed to have offended against the people of
this State, and shall on conviction, be punished by fine or imprison-
ment, in the discretion of the court. And further, that it shall be law-
ful for the said commissioners, by warrant under their hands, to be
directed to the sheriff of the county, or to such other person as they
shall appoint to execute the same, to cause every person so refusing to
depart, or who having departed, shall return again, without such licence
as aforesaid, to be apprehended, and to be conveyed to the goal of the
city and county of Albany, and there to remain in close custody, with-
out bail or mainprize, for such time as the said commissioners shall
deem it probable the said treaty will be in holding, and to be specified
in the said warrant, but not to exceed one month from the date of such
warrant ; and the keeper of the said goal is hereby required to receive
every such person so committed, and safely keep him in close custody
in his goal, accordingly.
Chap. 48.] ELEVENTH SESSION. 707
And be it further enacted by the authority aforesaid^ That it shall be BxpeDses
lawful for the person administering the government of this State for the aionere™*^
time being, from time to time, by warrant under his hand, to draw from
the treasury of this State, such sum and sums of money, as the said
commissioners shall deem neccessary to be expended and applied, in
the execution of the trust and powers hereby granted, in such manner
as they shall deem proper, and beneficial for the State: And the treas-
urer of this State is hereby required, out of any monies he may have in
the treasury, forthwith to answer such warrants, any other appropriations
of the said monies, not being appropriations to private persons in dis-
charge of contracts, notwithstanding. And every person to be appointed
or intrusted by the said commissioners with the expenditure of any of
the said monies, shall be responsible to the people of this State for the
respective expenditures, and shall account with the auditor of this State
-accordingly.
And be it further enacted by the authority aforesaid. That the com- DuratioQ
missioners hereby nominated and appointed, shall continue in office **' <^®^'
until thirty days after a quorum of both houses shall be assembled at
the first meeting of the legislature, after the first Monday in July next,
and no longer ; and that any four of the said commissioners, of which
the person administering the government for the time being, always to
be one, shall be a quorum, from time to time to execute the trusts and
powers hereby granted.
CHAP, 48.
AN ACT to lay a duty of excise on strong liquors, and for the
better regulating of inns and taverns.
Passed the isi of March, 1788.
JBe it encuted by the People of the State of New- York, represented in Commia-
Senate and Assembly, and it is hereby enacted by the authority of the same^ S*x<32? °'
That it shall and may be lawful for the person administring the govern- n«w i?orit
ment of this State for the time being, by and with the advice and con- ^ ^*
sent of the council of appointment, from time to time, to constitute and
appoint such person in the city of New- York, as they shall think proper,
to be the commissioner for collecting the duty of excise, of and from
the several retailers of strong or spirituous liquors in the city and county
of New-York.
And be it further enacted by the authority aforesaid, That the following Albany,
persons shall be commissioners for collecting the duty of excise, of Sid^e
and from the several retailers of strong and spirituous liquors within the reapeotiTo
several other cities and counties in this State, that is to say, in and for ^^""^'
the city of Albany, the mayor of the said city, for the time being ; and
in and for the city of Hudson, the mayor, recorder, aldermen and com-
monalty of the said city; and in and for the several towns and places in
the respective counties in this State, the supervisor of, and any two jus-
tices of the peace resident within the same respective towns or places;
or in case there shall not be t^vo justices, or in case of the absence of
the justices residing in any such town or place, then such neighbouring
justice or justices, as the supervisor of such town or place shall notify
and associate with him for that purpose. Proinded that no permit shall
be granted, except in either of the said cities of Albany or Hudson,
unless three commisssoners shall be present at the granting thereof.
city
708 LAWS OF NEW YORK. [Chap. 48,
Licenses to And be it further enacted by the authority aforesaid^ That it shall and '
be granted, ^^y -^^ lawful for the commissioners of excise appointed or to be
appointed by virtue of this act, annually, by writing under their respect-
ive hands and seals, to grant to the several persons who shall reside in
the respective cities, towns or places, for which they are or shall be
appointed a commissioner or commissioners as aforesaid, who shall
apply for the same, permits to retail strong or spirituous liquors under
five gallons ; which said respective permits shall continue in force from
the time of granting the same, until the first day of March next ensuing
the date of such permit, and no longer.
New York And be it further enacted by the authority aforesaid, That it shall and
may be lawful for the commissioner of excise to be appointed in the city
and county of New- York, by virtue of this act, to determine and ascer-
tain the sum which each respective person applying for a permit as
aforesaid, shall pay for the same, not being less than forty shillings, nor
more than twenty pounds, as a duty of excise; which sum shall be paid
to him by the person applying, before the permit shall be issued as
aforesaid.
Sisewhere. And be it further enacted by the authority aforesaid. That it shall and
may be lawful for the commissioners of excise appointed in the several
other cities, towns and places in this State, by virtue of this act, to
determine and ascertain the sum which each respective person, in their
respective cities, towns and places, applying for a permit as aforesaid,
shall pay for the same, not being less than forty shillings, nor more than
twelve pounds, as a duty of excise; which, together with the sum of six
shillings, as a fee to the respective commissioners for granting such per-
mit, shall be paid to him or them by the person applying for a permit as
aforesaid, before the permit shall be issued as aforesaid. And further,
the said commissioners are hereby respectively required to keep an
account of the persons to whom permits shall be granted, and of the
sums by each of the said persons paid for a permit, and to file the same
with the clerk of such city, town or place, on or before the first day of
March in every year; and shall from time to time, without delay, pay
the monies so to be by them received for the duty of excise, to the over-
seers of the poor of the respective cities, towns and places, for which
they are commissioners as aforesaid, to be applied to the relief of the
poor thereof.
Salary of And be it further enacted by the authority aforesaid. That instead of
Bioner*?n ^^^ ^^^s herein before allowed, the commissioner of excise for the city
New York and county of New- York, for the time being, shall be entitled, for his
service, to a salary, at and after the rate of sixty pounds per annum;
which it shall be lawful for him to retain out of the monies which shall
come into his hands from the duty of excise aforesaid; and the residue
thereof, he shall, from time to time, and without delay, pay to the treas-
urer or chamberlain of the said city, for the time being, to be applied
and disposed of (except as to eight hundred pounds for the time herein
after mentioned) for and towards the payment of the contingent charges
of the said city, in such manner as the mayor, aldermen and common-
alty of the said city, in common council convened, by warrant under
the hand of the mayor or recorder of the said city, presiding in such
common council, shall from time to time direct and appoint And
further, that the said commissioner shall keep an account of the persons
to whom permits shall be granted in the said city and county, and of
the sums by each of the said persons paid for a permit, and file the same
with the treasurer or chamberlain of the said city, for the time being, on
or before the last day of February in every year.
city.
Chap. 48.] ELEVENTH SESSION. 709
And be it further enacted by the authority aforesaid^ That the treas- Hospital in
^rer or chamberlain of the said city of New- York, shall, out of the ^^'^ ^°'*''
monies to arise from the excise to be raised in the said city and county
of New- York, on or before the first Tuesday in February in every year,
for and during the term of four years, from and after the first day of
February in the year one thousand seven hundred and eighty eight, pay
to the treasurer, for the time being, of the society of the hospital in the
-city of New-York in America, at and after the rate of eight hundred
pounds and no more, for the better support of the hospital erected in
the said city, for poor and indigent persons.
And be it furtfur enacted by the authority aforesaid^ That the com- Tavern
missioners appointed, or to be appointed by virtue of this act, to grant dScreSon-
permits to retail strong and spirituous liquors, shall not grant permits to ary.
^ny person or persons to retail strong or spirituous liquors, for the pur-
pose of keeping an inn or tavern, unless it shall appear to the said com-
missioners, that an inn or tavern at the place, at which such permit is
applied for, is necessary for the accommodation of travellers, and that
the person applying for such permit is of good character. And that in
«very such permit to be granted for the purpose of keeping an inn or
tavern, shall be expressed, that it appears necessary to the commission-
ers, that a public inn or tavern be kept at such place, and that the
person to whom such permit is granted, is of good moral character as
aforesaid.
And be it further enacted by the authority aforesaid. That no person Penalty for
shall sell by retail any strong or spirituous liquors, to be drank in his or iU^
her house, out house, yard or garden, unless such person shall appear
before a justice of the peace of the county in which he or she shall
reside, and enter into recognizance to the people of the State of New-
York, in the sum^of fifty pounds, conditioned that he or she will not,
durint; the time that he or she shall keep an inn or tavern, keep a dis-
orderly inn or tavern, or suffer or permit any cock fighting, gaming or
playing with cards or dice, or keep any billiard table, or other gaming
table or shuffle board, within the inn or tavern by him or her to be kept;
or within any out house, yard or garden belonging thereunto ; which
recognizances so to be taken, shall be lodged by the person or persons
before whom the same shall be taken, with the clerks of the respective
cities or counties where the same shall be taken ; and if any person shall
be convicted of an offence against this act, it shall be lawful for the
courts of general sessions of the peace in the respective cities and coun-
ties in this State, to suppress the permit and licence of such respective
offenders. But that no person who shall be permitted or licenced to
retail strong liquors, not to be drank in his or her house, but carried
elsewhere, shall be obliged to enter into recognizance as aforesaid; any
thing in this act to the contrary notwithstanding.
And be it further enacted by the authority aforesaid^ That if any person id.
shall sell by retail, any strong or .spirituous liquors, without having such
permit as aforesaid, or if any person shall sell any strong or spirituous
liquors, to be drank in his or her house, out house, yard or garden,
without having entered into such recognizance as aforesaid, every per-
son who shall be guilty of either of the offences aforesaid, shall, for each
offence, forfeit the sum of ten pounds. Proz'ided always, that no person
or persons shall be subject to be sued or prosecuted by virtue of this
act,"for selling methegHn, currant wine, cherry wine or cyder, to be by
him, her, or them made, and which €hall not be drank in his, her or their
bouse, out house, yard or garden. Provided also
710
LAWS OF NEW YORK.
[Chap. 48,
Cities.
Gaming
prohibited.
Two bed
clause.
Id.; ex-
emptions.
Appren-
tices, serV'
ants and
slaves.
And be it furt/ier enacted by the authority aforesaid^ That all licences
to retail strong or spirituous liquors within the cities of New-York^
Albany or Hudson, shall be granted in the manner directed and pre-
scribed in and by the charters granted to the said cities respectively;
and the recognizances to be entered into by retailers, shall be taken
before the mayor, for the time being, of each respective city, or in case
of his sickness or absence, before the recorder thereof.
And the more effectually to prevent every species of gaming or incite-
ment thereunto, in public inns or taverns ;
Be it further enacted by the authority aforesaid^ That it shall be deemed
an offence against the people of this State, for any person who shall keep
a public inn or tavern, to permit or suffer any cock fighting, playing^
with cards or dice, or to keep any billiard table, or other gaming table
or shuffle board within his or her house, or within any out house, yard
or garden belonging thereto, or therein to permit any kind of gaming
by lot or chance ; and that as well the courts of oyer and terminer and
goal delivery, as the courts of general sessions of the peace in the several
counties within this State, shall have cognizance of offences against this
act, and shall and may punish offenders convicted thereof, by fine and
imprisonment, or either, at the discretion of the court in which any such
conviction shall be had.
And be it further enacted by the authority aforesaid^ That every keeper
of any public inn or tavern in this State, except in the city of New-
York, shall keep in his house, at le?st two spare beds for guests, with
good and sufficient sheeting and covering for such beds respectively, and
provide and keep good and sufficient stabling and provender, of hay in
the winter, and hay or pasturage in the summer, and grain for four
horses or other cattle, more than his or. her own stock, for the accom-
modation of travellers, upon pain of forfeiting for every neglect or
default of having either of the articles in this clause before mentioned,
the sum of forty shillings.
And whereas in some parts of this State, so little resort is had to some
inns or taverns, as would make the last mentioned regulations burthen-
some ; and which inns or taverns are nevertheless of public utility.
Therefore
Be it further enacted by the aut/iority aforesaid. That it shall be in the
discretion of the commissioners or the major part of them, in any of the
towns of this State, by writing for that purpose, under their hands and
seals, to exempt one or more inn-holder or tavern-keeper, in the said
towns respectively from keeping such spare beds and stabling, provender
and forage, as is herein before directed.
And be it further enacted by the authority aforesaid. That if any inn
holder or tavernkeeper, shall sell any strong or spirituous liquors to any
apprentice, servant or slave, knowing or having reason to suspect or
believe him or her to be such, without the consent of his or her master
or mistress, such innholder or tavernkeeper, shall forfeit and loose every
debt which such apprentice, servant or slave shall or may contract for
any such liquor; and also for every offence, forfeit the sum of forty
shillings, to be recovered with costs of suit, by the master or mistress of
such apprentice, servant or slave. And further, that the permit and
licence of every such innholder or tavernkeeper, shall be and hereby is
declared void from the time of such conviction; and such innholder or
tavernkeeper shall be and is hereby declared to be incapable or receiv-
ing any furthei or other permit or licence for holding any public
inn or tavern, for the space of three years, from the time of such con-
viction. •
Chap. 48.] ELEVENTH SESSION. 711
And be it further enacted by the authority aforesaid^ That if any inn- id.
holder or tavernkeeper, or any other person or persons, shall take or
receive, directly 'or indirectly, from any such apprentice, servant or
slave, any clothing, or any other goods, chatties, wares or merchandize,
in payment for any such strong or spirituous liquors, or in pawn or
pledge, to secure any such payment, and thereof be convicted, by the
oath of any one credible witness, he she or they so offending, besides the
payment of the penalty and forfeiture of the debt as aforesaid, shall,
within three days after such conviction, restore to the master or mis-
tress of such apprentice, servant or slave, all such clothing or other
goods, chatties, wares or merchandize, which he, she or they shall have
so taken or received, from any such apprentice, servant or slave, or shall
forfeit and pay unto the master or mistress of such apprentice, servant
or slave, double the value of all such clothing, or other goods, chatties,
wares or merchandize, which he, she or they shall have so taken or
received as aforesaid, to be recovered by such master or mistress, his or
her executors or administrators, with costs of suit, in any court having
cognizance thereof.
And be it further enacted by the authority aforesaid^ That if any inn- Debts for
holder or tavernkeeper within this State, shall trust or credit any person "^"^"" '
or persons, other than travellers, more than, or above the sum of ten
shillings, lawful money of this State, for any sort of strong or spiritous
liquors, or other tavern expences; he she or they so trusting or credit-
ing any person or persons as aforesaid, shall loose the debt and be for-
ever disabled from sueing for or recovering the same or any part thereof:
And if any innholder or tavernkeeper shall sue for any such debt above ~
the sum of ten shillings, contrary to the true intent and meaning of this
act, the person or persons sued, shall and may plead this act in bar;
and if the plaintiff in such suit shall become nonsuit, or a verdict or
judgment shall be given for the defendant, every such plaintiff shall pay
double costs.
And be it further enacted by tlie authority aforesaid^ That if any inn- id.
holder or tavernkeeper, shall take or get from any person or persons,
trusted as aforesaid, any note, bill, bond, or other security, for any sum
above ten shillings, for any strong or spirituous liquors, by him or her,
sold or drank in, or at his or her house, under pretence that it is for
victuals, pipes, tobacco, or any other thing whereby to evade this act ;
every such note, bill, bond or other security, shall be void, and the
defendant or defendants may plead this act in bar, to any action or suit
to be brought thereon. And further^ that every person who shall be
convicted of an offence against this clause of this act, shall forfeit
double the sum mentioned in and intended to be secured by such note,
bill, bond or other security ; to be recovered by action of debt, bill,
plaint or information, with costs of suit, in any court in this State having
cognizance thereof. Provided always^
And be it further enacted by the authority aforesaid^ That nothing in Act not to
this act contained, shall be construed or taken to debar any innholder JjSJJ'm^traY^
or tavernkeeper from taking, receiving or recovering any sum or sums «i«ra-
of money which shall or may become due, and owing to him or her,
from any person or persons who shall or may be lodgers in his or her
house, of from travellers not residing in such city or town; any thing in
this act contained to the contrary notwithstanding.
And be it further enacted by the authority aforesaid^ That every inn- Sigos to be
holder or tavernkeeper, shall, within thirty days, after obtaining his or P"^"p-
her permit, put up and fix a proper sign on or adjacent to the front of his
or her house, with his or her name thereon and keep such sign up during
712
LAWS OF NEW YORK.
[Chap. 49.
Penalties,
how recov-
ered.
Former
laws re-
pealed.
the time he, or she shall keep an inn or tavern, under the penalty of ten
shillings for every month's neglect thereof.
And be it further enacted by the authority aforesaidy That all and every
the penalties and forfeitures, imposed in and by this act, shall and may
be recovered, with costs of suit, in any court within this State, having
cognizance thereof, by any person or persons who will sue and prose-
cute for the same to effect, unless in this act otherwise provided; and
the one moiety of the said penalties and forfeitures, not in and by this
act otherwise appropriated, shall, when recovered, be paid to the over-
seers of the poor of the city or town in which each respective offence
shall happen, for the use of the poor thereof; and the other moiety to
the person or persons who shall sue for the same as aforesaid.
And be it further enacted by the authority aforesaid^ That all laws of
the late Colony of New- York, and of this State, heretofore passed for
the regulating of inns and taverns, and for retailing of spirituous liquors
within this State, be, and the same are hereby severally repealed.
CHAP. 49.
part of
town of.
AN ACT to impower the justices of the peace residing in that
part of the township of Schenectady therein mentioned, to
establish and regulate a night watch and for other purposes
therein mentioned.
Passed the ist of March, 1788
Preamble. Whereas the establishing a night watch and appointing firemen to
manage the fire engine in that part of the township of Schenectady
which lays to the southward of the Mohawk river & not more than
three quarters of a mile from the Dutch church, will tend to the safety
and preservation of the inhabitants thereof, therefore
acheneo- Be it enacted by the People of the State of New York represented in
wateMn^* Senate and Assembly and it is hereby enacted by the authority of the same^
That it shall and may be lawful to and for the justices of the peace or
the major part of them for the time being living or dwelling in that part
of the township of Schenectady which lays to the southward of the
Mohawk river and not than three quarters of a mile distant from the
Dutch church, to meet together with all convenient speed after the pub-
lication of this act, and being so met, they are hereby required and
directed to order, establish and regulate a night watch; which watch
shall consist of six men and an officer for each night out of the inhabi-
tants of that part of the said township herein before described, who shall
and hereby are required and directed in their turns to keep watch and
guard in such manner and at such times and places as the said justices
shall order and direct.
And be it further enacted by the authority aforesaid That it shall
and may be lawful to and for the said justices or the major part of
them, to make, establish and ordain such rules, orders, ordinances and
regulations for the government, conduct, duty and behaviour, of the
said watch and watchmen, and to impose and establish such reasonable
fines, penalties and forfeitures upon them, or any of them, for default
or neglect of the duties and services enjoined or required by such orders
or ordinances, as to the said justices shall from time to time seem meet
and convenient.
Id.; pen-
alties.
Chap. 49.] ELEVENTH SESSION. 713
Provided always that no greater fine, penalty or forfeiture shall be id.
levied for any one offence than six shillings on an officer and four shill-
ings on every person or watchman.
And be it further enacted by the authority aforesaid^ That it shall and ^*^«°
may be lawful to and for the said justices of the peace or the major pointed'
part of them, and they are hereby required with all convenient speed to
elect, nominate and appoint a sufficient number of men, willing to
accept; not exceeding twenty in number, out of the inhabitants resid-
ing in that part of the said township above mentioned, to have the
care, management, working and use of the fire engine or engines
belonging to the said township, and the other tools and instruments for
extinguishing of fires that may happen therein, who are hereby required
and enjoined in case of fires happening, to manage work and use the
said engine or engines and the other tools and instruments for the extin-
guishing of fires.
And be it further enacted by the authority aforesaid That the said just- RemoTal.
ices of the peace or the major part of them are hereby authorised and
inipowered to remove & displace all or any of the firemen so as afore-
said, to be elected, nominated and appointed, when and as often as they
shall think fit, and others, instead of such as shall be removed, to elect,
nominate and appoint, from time to time, as they the said justices shall
see convenient.
And be it further enacted by the authority aforesaid^ That such persons Exemption
as shall be elected and appointed firemen and each and every of them, ®' fl"mon
during the time such person or persons shall remain firemen and no
longer, shall and hereby are declared to be freed and exempted from serv-
ing in the office of constable and overseer of the highways and of and
from serving as jurors, and of and from serving in the militia, except in
cases of invasion or other imminent danger.
And be it further enacted by the authority aforesaid That it shall & Recruiation
may be lawful to and for the said justices or the major part of them, to pirtmwST.
make, establish and ordain such rules orders, ordinances and regulations
for the government, conduct, duty and behaviour of the persons from
time to time to be by them elected, nominated and appointed firemen
by virtue of this act, as to them shall appear necessary and proper.
And be it further enacted by the authority aforesaid That the assessors Assess-
for the district of Schenectady, shall annually during the continuance of J^fJi^^x-
this act, when they meet to assess the proportion of the said district, of penses of
the contingent charges of the city and county of Albany, also assess a house,
further sum not exceeding twenty pounds, to be raised levied and col-
lected of and from the inhabitants residing in that part of the township
herein before described: And the collector of the said township is
hereby required, as soon as he shall have collected the same to pay the
same (after deducting therefrom, nine pence in the pound for his trouble)
unto the said justices or such other person as they shall appoint to
receive the same, to be by the said justices, applied in paying a person
by them to be appointed to take care of the watch house and supplying
the same with fire wood and candles
And be it further enacted by the authority aforesaid^ That this act shall Act, time
be in force from the publication thereof until the first day of May which J^roe!**
will be in the year of our Lord one thousand eight hundred.
Vol. 2. — 90
706 LAWS OF NEW YORK. [Chap. 47.
ments, on such terms, and in such form, as the said commissioners
hereby appointed shall deem fit, for the welfare of this State; and with
further power, to enquire touching all leases, or other purchases of, or
contracts for the sale of lands, suggested to have been obtained or made,
without the authority or consent of the legislature, from or with the said
Indians, or any of them, by or to any person or persons; and to make
report thereof, from time to time, to the legislature; and to that end to
examine persons, on oath, touching the premises so to be enquired of,
and by writing under their hands, to require persons to appear before
them, at such time and place as shall be specified in such writing, and
to give evidence touching the said premises, on pain of one hundred
pounds. And every person being duly summoned, who shall refuse to
appear, or appearing shall refuse to give evidence, shall forfeit the said
sum of one hundred pounds, to the people of this State ; and with fur-
ther power, to make and enter into agreements and stipulations, with
commissioners to be authorized by the commonwealth of Massachusetts
for that purpose, touching the means to be used by the said common-
wealth and this State jointly, for preventing intrusions on the lands
reciprocally ceded by this State and the said commonwealth to each
other, and for preserving to the said commonwealth and this State, their
respective rights to the said lands
Militia And for the more orderly holding and conducting such treaties, be it
Sliedout. f^^^i^^^ enacted by the authority aforesaid^ That it shall be lawful for the
person administering the government of this State for the time being, in
his discretion, to order out any proportion of the militia from any part
of this State, to march to the place or places where the said treaties and
conferences may from time to time be held, and such occasion to be
deemed an emergency intended in the second section of the act entitled
"An act to regulate the militia," passed the 4th day of April one thou-
sand seven hundred and eighty six ; and the detachments so from time
to time to be ordered out, to receive the same pay and rations, and to
be subject to the same rules and regulations, as is provided in the said
PereoMTO section of the said act. And further^ that it shall be lawful for the said
pUce of^" commissioners, by writing under their hands, to require any and every
boidiDff person, not being an actual resident within one mile of the place where
Srcom"*^ the said treaties may from time to time be held, to depart from such
Seoart^ place, within such reasonable time, as in such writing shall be specified,
and Xo retire to such convenient distance from the said place, as the
said commissioners shall deem proper ; and every person who being so
required to depart, shall not depart, or departing, shall during the hold-
ing such treaty return again to such place, without the licence of the
commissioners, shall be deemed to have offended against the people of
this State, and shall on conviction, be punished by fine or imprison-
ment, in the discretion of the court. And further^ that it shall be law-
ful for the said commissioners, by warrant under their hands, to be
directed to the sheriff of the county, or to such other person as they
shall appoirtt to execute the same, to cause every person so refusing to
depart, or who having departed, shall return again, without such licence
as aforesaid, to be apprehended, and to be conveyed to the goal of the
city and county of Albany, and there to remain in close custody, with-
out bail or mainprize, for such time as the said commissioners shall
deem it probable the said treaty will be in holding, and to be specified
in the said warrant, but not to exceed one month from the date of such
warrant ; and the keeper of the said goal is hereby required to receive
every such person so committed, and safely keep him in close custody
in his goal, accordingly.
Chap. 48.] ELEVENTH SESSION. 707
And be it further enacted by the authority aforesaid^ That it shall be Expensea
lawful for the person administering the government of this State for the gfon^re^**'
time being, from time to time, by warrant under his hand, to draw from
the treasury of this State, such sum and sums of money, as the said
-commissioners shall deem neccessary to be expended and applied, in
the execution of the trust and powers hereby granted, in such manner
as they shall deem proper, and beneficial for the State: And the treas-
urer of this State is hereby required, out of any monies he may have in
the treasury, forthwith to answer such warrants, any other appropriations
of the said monies, not being appropriations to private persons in dis-
<:harge of contracts, notwithstanding. And every person to be appointed
jox intrusted by the said commissioners with the expenditure of any of
the said monies, shall be responsible to the people of this State for the
respective expenditures, and shall account with the auditor of this State
accordingly.
And be it further enacted by the authority aforesaid^ That the com- Duratioa
missioners hereby nominated and appointed, shall continue in office ^' <*®<*®*
until thirty days after a quorum of both houses shall be assembled at
the first meeting of the legislature, after the first Monday in July next,
and no longer ; and that any four of the said commissioners, of which
the person administering the government for the time being, always to
be one, shall be a quorum, from time to time to execute the trusts and
powers hereby granted.
CHAP. 48.
AN ACT to lay a duty of excise on strong liquors, and for the
better regulating of inns and taverns.
Passed the ist of March, 1788.
Be it enacted by the People of the State of New- York, represented in Commis-
Senate and Assembly, and it is hereby enacted by the authority of the same, ejJSS?^'
That it shall and may be lawful for the person administring the govern- New itot\L
ment of this State for the time being, by and with the advice and con- ^ ^^*
sent of the council of appointment, from time to time, to constitute and
appoint such person in the city of New- York, as they shall think proper,
to be the commissioner for collecting the duty of excise, of and from
the several retailers of strong or spirituous liquors in the city and county
of New- York.
And be it further enacted by the autJwrity aforesaid. That the following Albany,
persons shall be commissioners for collecting the duty of excise, of Sid^the
and from the several retailers of strong and spirituous liquors within the reapeotivo
several other cities and counties in this State, that is to say, in and for ^^^*
the city of Albany, the mayor of the said city, for the time being ; and
in and for the city of Hudson, the mayor, recorder, aldermen and com-
monalty of the said city; and in and for the several towns and places in
the respective counties in this State, the supervisor of, and any two jus-
tices of the peace resident within the same respective towns or places ;
or in case there shall not be two justices, or in case of the absence of
the justices residing in any such town or place, then such neighbouring
justice or justices, as the supervisor of such town or place shall notify
and associate with him for that purpose. Proinded that no permit shall
be granted, except in either of the said cities of Albany or Hudson,
unless three commisssoners shall be present at the granting thereof.
city,
708 LAWS OF NEW YORK. [Chap. 48.
Licenses to And be it further enacted by t/te authority aforesaid^ That it shall and
be granted. ^^^ ^^ lawful for the commissioners of excise appointed or to be
appointed by virtue of this act, annually, by writing under their respect-
ive hands and seals, to grant to the several persons who shall reside in
the respective cities, towns or places, for which they are or shall be
appointed a commissioner or commissioners as aforesaid, who shall
apply for the same, permits to retail strong or spirituous liquors under
five gallons ; which said respective permits shall continue in force from
the time of granting the same, until the first day of March next ensuing
the date of such permit, and no longer.
New York A?id be it further enacted by the authority aforesaid y -That it shall and
may be lawful for the commissioner of excise to be appointed in the city
and county of New- York, by virtue of this act, to determine and ascer-
tain the sum which each respective person applying for a permit as
aforesaid, shall pay for the same, not being less than forty shillings, nor
more than twenty pounds, as a duty of excise; which sum shall be paid
to him by the person applying, before the permit shall be issued as
aforesaid.
Elsewhere. And be it further enacted by the authority aforesaid, That it shall and
may be lawful for the commissioners of excise appointed in the several
other cities, towns and places in this State, by virtue of this act, to
determine and ascertain the sum which each respective person, in their
respective cities, towns and places, applying for a permit as aforesaid,
shall pay for the same, not being less than forty shillings, nor more than
twelve pounds, as a duty of excise; which, together with the sum of six
shillings, as a fee to the respective commissioners for granting such per-
mit, shall be paid to him or them by the person applying for a permit as
aforesaid, before the permit shall be issued as aforesaid. And further^
the said commissioners are hereby respectively required to keep an
account of the persons to whom permits shall be granted, and of the
sums by each of the said persons paid for a permit, and to file the same
with the clerk of such city, town or place, on or before the first day of
March in every year; and shall from time to time, without delay, pay
the monies so to be by them received for the duty of excise, to the over-
seers of the poor of the respective cities, towns and places, for which
they are commissioners as aforesaid, to be applied to the relief of the
poor thereof.
Salary of And be it further enacted by the authority aforesaid. That instead of
Soner^in ^^^ ^^^s herein before allowed, the commissioner of excise for the city
New York and county of New- York, for the time being, shall be entitled, for his
service, to a salary, at and after the rate of sixty pounds per annum;
which it shall be lawful for him to retain out of the monies which shall
come into his hands from the duty of excise aforesaid; and the residue
thereof, he shall, from time to time, and without delay, pay to the treas-
urer or chamberlain of the said city, for the time being, to be applied
and disposed of (except as to eight hundred pounds for the time herein
after mentioned) for and towards the payment of the contingent charges
of the said city, in such manner as the mayor, aldermen and common-
alty of the said city, in common council convened, by warrant under
the hand of the mayor or recorder of the said city, presiding in such
common council, shall from time to time direct and appoint And
further^ that the said commissioner shall keep an account of the persons
to whom permits shall be granted in the said city and county, and of
the sums by each of the said persons paid for a permit, and file the same
with the treasurer or chamberlain of the said city, for the time being, on
or before the last day of February in every year.
city.
Chap. 48.] ELEVENTH SESSION. 709
And be it further enacted by the authority aforesaid^ That the treas- Hospital in
urer or chamberlain of the said city of New- York, shall, out of the ^®^ ^^^'^
monies to arise from the excise to be raised in the said city and county
of New- York, on or before the first Tuesday in February in every year,
for and during the term of four years, from and after the first day of
February in the year one thousand seven hundred and eighty eight, pay
to the treasurer, for the time being, of the society of the hospital in the
city of New-York in America, at and after the rate of eight hundred
pounds and no more, for the better support of the hospital erected in
the said city, for poor and indigent persons.
And be it further enacted by the authority aforesaid^ That the com- Tavern
missioners appointed, or to be appointed by virtue of this act, to grant dSSeUon-
permits to retail strong and spirituous liquors, shall not grant permits to *nr.
-any person or persons to retail strong or spirituous liquors, for the pur-
pose of keeping an inn or tavern, unless it shall appear to the said com-
missioners, that an inn or tavern at the place, at which such permit is
applied for, is necessary for the accommodation of travellers, and that
the person applying for such permit is of good character. And that in
-every such permit to be granted for the purpose of keeping an inn or
tavern, shall be expressed, that it appears necessary to the commission-
ers, that a public inn or tavern be kept at such place, and that the
person to whom such permit is granted, is of good moral character as
aforesaid.
And be it further enacted by the authority aforesaid^ That no person Penalty for
shall sell by retail any strong or spirituous liquors, to be drank in his or 1^^^
her house, out house, yard or garden, unless such person shall appear
before a justice of the peace of the county in which he or she shall
reside, and enter into recognizance to the people of the State of New-
York, in the sum^of fifty pounds, conditioned that he or she will not,
<iuring the time that he or she shall keep an inn or tavern, keep a dis-
orderly inn or tavern, or suffer or permit any cock fighting, gaming or
playing with cards or dice, or keep any billiard table, or other gaming
table or shuffle board, within the inn or tavern by him or her to be kept;
or within any out house, yard or garden belonging thereunto ; which
recognizances so to be taken, shall be lodged by the person or persons
before whom the same shall be taken, with the clerks of the respective
cities or counties where the same shall be taken ; and if any person shall
be convicted of an offence against this act, it shall be lawful for the
courts of general sessions of the peace in the respective cities and coun-
ties in this State, to suppress the permit and licence of such respective
offenders. But that no person who shall be permitted or licenced to
retail strong liquors, not to be drank in his or her house, but carried
elsewhere, shall be obliged to enter into recognizance as aforesaid; any
thing in this act to the contrary notwithstanding.
And be it further enacted by the authority aforesaid^ That if any person id.
shall sell by retail, any strong or .spirituous liquors, without having such
permit as aforesaid, or if any person shall sell any strong or spirituous
liquors, to be drank in his or her house, out house, yard or garden,
-without having entered into such recognizance as aforesaid, every per-
son who shall be guilty of either of the offences aforesaid, shall, for each
offence, forfeit the sum of ten pounds. Provided alw ay Sy that no person
or persons shall be subject to be sued or prosecuted by virtue of this
act,*for selling methegHn, currant wine, cherry wine or cyder, to be by
him, her, or them made, and which shall not be drank in his, her or their
house, out house, yard or garden. Provided also
718 LAWS OF NEW YORK. [Chap. 54.
Casks to be A?id be it further enacted by the authority aforesaid^ That when any
wherfw!^ of the said inspectors, shall have reason to suspect a fraud in the tare
pected. Qf any cask of butter or hogs lard, it sh^ll be lawful, and he is hereby
directed to unpack weigh and mark thereon, the true tare thereof, and
eveiy person exposing to sale such butter or hogs lard, where the tare
thereof is marked less than the true tare, shall forfeit and pay for every
such cask the sum of fvvt shillings.
Brands on And be it further enacted by the authority aforesaid, That the said
fns^tors. inspectors shall brand on the head of each cask of butter or hogs lard,
the inital letter of his christian name, and his sir name at full length,
with the word butter or hogs lard as the case may be, and with the
name of the city or county, where inspected, and the said inspectors
shall be entitled to receive for inspecting each cask of butter or hogs
lard, the sum of two pence; the one half to be paid by the buyer, and
the other half by the seller.
Inspectors And be it further enacted by the authority aforesaid, That the person
poiote?. administering the government of this State, for the time being, by, and
with the advice and consent of the council of appointment, shall appoint
one inspector of butter and hogs lard for the city and county of New
York, and as many more in other parts of this State, as they may from
time to time think necessary.
Oath of And be it further enacted by the authority aforesaid. That the said
nspeo ra. jj^spg^^tQ^s ^q \^^ appointed by virtue of this act, shall, before they enter
upon the execution of their office, take the following oath, before some
person authorised to administer the same ; vizt. " I do solemnly
swear that I will faithfully, honestly and impartially do and execute the
office of inspector of butter and hogs lard, according to the true intent
and meaning of the law of this State, relative thereto."
^?r°in^ "^^ ^^ ^^ /wrM^^r enacted by the authority aforesaid, That if any per-
shipments, son or persons, shall ship on board any ship or other vessel, for expor-
tation oul of this State, any butter or hogs lard, other than such as has
been inspected, by one of the inspectors to be appointed by virtue of
this act, within ten days before the shipping of the same on board, he
she or they shall forfeit and pay, for every cask so shipped onboard, the
sum of ten shillings: And every master of any ship gr other vessel who
shall take onboard his ship or vessel any butter or hogs lard, but such
as has been inspected as before directed, shall forfeit and pay for every
cask so taken onborad, the sum of five shillings.
Penalties, And be it further enacted by the authority aforesaid. That all the fines
and forfeiturs mentioned in this act, may be recovered with costs, in
any court having cognizance thereof, by any person who will sue for
the same, by action of debt, bill, plaint or information; the one half
thereof to be for the use of the person so sueing, and the other half for
the use of the people of this State.
CHAP. 54.
AN ACT granting a bounty on hemp, to be raised within this
State.
Passed the 3rd of March, 1788.
Bounty on: Be it enacted by the People of the State of New York, represented in
hemp. Senate and Assembly, and it is hereby enacted by the authority of the same,
That for every hundred weight of good merchantable hemp, which shall
Chap. 55.] ELEVENTH SESSION. 719
be raised within this State, and brought to the city of New York, on or
before the first day of June, one thousand seven hundred and ninety
two, shall be allowed and paid by the treasurer of this State, out of any
monies which may be in the treasury unapropriated, a bounty of eight
shillings per hundred, to any person or persons who shall bring such
hemp to the city of New York, and, and produce a certificate of the
weight thereof, and that it is good and merchantable, from one of the
inspectors to be appointed by virtue of this act, to inspect all hemp on
which a bounty is to be allowed, which said inspectors shall receive for
their trouble, from the person who shall employ them, at the rate of six
pence per hundred weight, and no more.
And be it further enacted by the authority aforesaid^ That it shall and Inspectors
may be lawful for the person administering the government of this State CaU?.™^*
for the time being, by and with the advice and consent of the council
of appointment, from time to time, to nominate and appoint two or
more inspectors of hemp in the city of New York ; and that each of the
inspectors so appointed, before he enters upon the execution of his
office, shall, before the mayor, recorder or one of the aldermen of the said
city, take and subscribe an oath in the words following vizt. "I
<io solemnly swear that I will faithfully discharge the duty of an inspec-
tor of hemp, for the State of New York, and that I will not give a cer-
tificate to any person or persons, for a greater quantity than I actually
inspect, and for none but such as is merchantable; a copy of which
oath, sworn to and subscribed by the said inspectors respectively, shall
be filed with the treasurer of this State.
And be it further enacted by the authority aforesaid^ That the person Proof to be
ivho shall have any hemp inspected by virtue of this act, shall before pi'JISi?^
he receives such certificate as aforesaid, prove to the satisfaction of the producing
inspector that the quantity of hemp on his account inspected, was raised inspection.
in the county of or counties of in the State of New
York in the year and also that no bounty has yet been paid for
the same, or any part thereof, to the best • of his knowledge or belief ;
and that he will not receive, or cause to be received, or attempt to
receive, any greater or other bounty for the same, than is allowed by
this act ; and shall also produce to the said inspector an affidavit or
affidavits, made before any justice of the peace in this State, from the
person or persons who raised the said hemp, that the same was raised
in the county of or counties of in the State of New
York, in the year and that no bounty has yet been paid for
the same, or any part thereof.
CHAP. 55.
AN ACT to regulate the repacking of beef and pork for exporta-
tion.
Passed the 7th of March, 1788.
Whereas it is necessary that great care be taken, in the repacking of Preamble,
"beef and pork, two of the staple articles of this State; and whereas it
is represented that if proper places were appointed for the inspection of
the same, and the number of inspectors fixed by law, it would prevent
abuses; therefore
720
LAWS OF NEW YORK.
[Chap. 55.
Bepaokera
of beef
and pork.
cstore-
houses to
be pro-
vided.
Barrels*
how to be
made.
Qualities
of beef.
Qualities
of pork.
Brand log
of casks.
Be it enacted by t/u People of the State of New York, represented in
Senate and Assembly y and it is hereby enacted by the authority of the same.
That it shall and may be lawful for the person administering the govern-
ment of this State for the time being, by and with the advice and con-
sent of the council of appointment, to appoint two or more repackers
of beef and pork, for the city and county of New York, one or more
for the city of Albany, one or more for the city of Hudson, and as
many in any other part of this State as shall from time to time be nec-
essary.
And be it further enacted by the autlwrity aforesaid^ That the inspec-
tors to be appointed by virtue of this act, shall provide themselves with
good and sufficient stores, capable of receiving and storing such beef
and pork, as may be brought to them for inspection; and the inspectors
for the city and county of New- York shall provide themselves with as
many stores as may be necessary, /r^7'/V/r^ such stores be on some of the
docks or wharfs of the said city, and that one of such stores shall be at
or near the Albany pier, and another at or near Burling-slip; and no
such inspector shall be allowed any thing for storage of the same beef
and pork, if the owner shall remove the same within three days after the
same shall be repacked.
And be it further enacted by the authority aforesaid^ That all barrels
in which any beef or pork shall be repacked, shall be make of good
white oak staves and heading, with twelve hoops on each barrel, and
shall contain not less than thirty one gallons, nor more than thirty two
gallons, and be as nearly straight as possible, and sufficient to hold
pickle; and that all half barrels shall be made of the like materials and
contain one half as many gallons as the whole barrels. And in order to
encourage the raising of large hogs and making of fat beef.
Be it further enacted by the authority aforesaid^ That from and after
the first day of October next, the inspectors so to be appointed, shall
examine and sort all beef and pork to be by them repacked, and such
as is well fatted, shall be repacked and branded on the head, first qual-
ity, and such as is interior, second quality; and that each barrel of beef
shall contain two hundred and twenty pounds of beef; the first quality
of which, shall not have more than two hocks or shins: one half of aneck^
and shall have at least one round in each barrel, and be otherwise well
fatted: The second quality shall not have more than three hocks or
shins, and one half neck in each barrel, and be otherwise merchantable
beef. And that each barrel of pork shall contain two hundred and ten
pounds of pork well fatted ; the first quality of which shall not have in
each barrel, more than three shoulders without the legs, which shall be
cut up to the knees, and not to exceed two heads, which heads shall
have the ears and snouts cut off, and shall not exceed in weight thirty
pounds; the second quality shall not have in each barrel, more than five
shoulders without the legs, and not more than two heads, which shall
not exceed thirty pounds in weight, and shall be otherwise merchantable
pork; and that all half barrels both of beef and pork shall contain one
half the quantity of whole barrels, and be in every respect as to quality
the same as whole barrels ; and in every barrel of beef or pork, there
shall be at least one half bushel of good Lisbon or hard salt, and in every
half barrel one peck.
And be it further enacted by the authority aforesaid^ That no beef or
pork shall be repacked, until the same has been laid in salt a sufiicient
time before such repacking, and all casks of beef and pork so repacked,
shall be branded with the initial letter of the packers christian name,
with his sirname at full length, and the name of the place where
Chap. 55.] ELEVENTH SESSION. 721
repacked, and with the word beef or pork, and the words first or second
quality, as the case may be; and every repacker of beef and pork shall
carefully secure his marking irons, so as to put it out of the power of
his servants or others to obtain and make use of the same contrary to
the true intent and meaning of this act.
And be it further enacted by the authority aforesaid^ That every of OAth of
the repackers to be appointed by virtue of this act, shall, before he rep*«**«*™«
enters upon the execution of his office, take the following oath, before
any justice of the peace viz. "I do solemnly swear, that I '
will faithfully, truly and impartially, according to the best of my judg-
ment, skill and understanding, execute, do and perform the office and
duty of an inspector and examiner of beef and pork according to the true
intent and meaning of the laws of this State relative to the same, and
that I will not directly or indirectly, brand or suffer to be branded any
casks of beef or pork, but what shall be sound and good.
And be it further enacted by the authority aforesaid^ That all beef PlokUng of
and pork repacked between the first day of April and the first day of ^?k^k-
October in every year, shall, at the time of repacking the same, be «<> during
pickled with a good strong pickle, made of fresh water and of salt not
finer than Lisbon salt ; and that each barrel, to prevent the pickle from
leaking, shall be well trimmed, and nailed with at least three nails on
each head, and with at least three pegs on each quarter. Provided
always.
And be it further enacted by the authority aforesaid^ That it shall and Repacking,
may be lawful for any owner of any beef or pork, to have the same dSfeTfee*.
repacked in any store, yard or vessel by either of the repackers so to be
appointed as aforesaid ; but no beef or pork shall be repacked in any
street or on any wharf, and that the repackers shall have and receive
from the owner of such beef and pork, for repacking the same in the
store by them provided for that purpose, at the rate of one shilling for
each barrel, and eight pence for each half barrel ; and if repacked in
any other store, yard or vessel, one shilling and three pence, for each
barrel, and nine pence for each half barrel, and whether repacked in
the store provided by the repacker, or in the yard, or store or vessel, for
each hoop wanting, and put on by such repacker, two pence, and for
flagging, nailing, pegging, and pickling each barrel, nine pence, and
each half barrel sixpence ; the owner finding or paying for the salt.
And be it further enacted by the authority aforesaid. That if any repacker Neglect by
of beef or pork, shall neglect or delay to repack any beef or pork, when repacker-
thereunto required by the owner or owners thereof, for the space of
forty eight hours, every such repacker shall, for each neglect, pay to
such owner or owners the sum of forty shillings.
And be it further enacted by the authority aforesaid^ That if any per- intermix-
son or persons shall at any time hereafter, intermix, take out or shift }nS|2»cSon.
any beef or pork that has been repacked and branded as aforesaid, every
person so taking out, intermixing and fraudulently shifting such beef or
pork, and being thereof convicted, shall forfeit and pay double the value
of the beef or pork so taken out, intermixed or shifted.
And be it further enacted by the authority aforesaid^ That for every offences
offence which the said repackers shall make or commit against the true ©4!^^*^^"
intent and meaning of this act and be thereof convicted, he or they so altj.
offending, shall forfeit fifty pounds, and be rendered incapable of serv-
ing again in the office.
And be it further enacted by the authority aforesaid, That if any person Penalties
or persons shall export or ship for exportation out of this State, any fng unTnT'"
beef or pork not being inspected, pickled and branded by one of the spected
Vol. 2. — 91
722 LAWS OF NEW YORK. [Chap. 55.
neef and swom inspectors as aforesaid, every such exporter, and the master of
pork. every vessel having onboard such uninspected beef or pork, shall upon
conviction, respectively forfeit and pay the sums following, for every
barrel of beef or pork so exported, or shipped for exportation as afore-
said; that is to say, the owner thereof shall forfeit and pay the sum of
forty shillings, and the master of every vessel having the same onboard,
Proceed- the sum of ten shillings. And further that the said inspectors and every
tvfofaUon™ ^^ them shall have full power and authority by virtue of this act, onsus-
of aot BUS- picion that any beef or pork not inspected as aforesaid, shall be shipped
*****^ * in any vessel for exportation, to apply to any justice of the peace, and
on oath to assign to such justice the causes of such suspision, and if the
said justice shall think the said suspision well grounded, he shall issue
his warrant to the said inspector or inspectors, to enter onboard any
vessel whatever loading or laden in this State, either in whole or in part,
and to search for and make discovery of any beef or pork shipping or
shipped on board any such vessel for exportation out of this State; and if
any of the said inspectors shall discover any beef or pork not repacked,
branded and pickled as directed in and by this act, on board of any such
vessel, such inspector shall apply to such justice of the peace, who is
hereby authorized and required to issue his warrant, directed to some
peace officer or officers, commanding him or them to enter onboard
every such vessel having onboard such uninspected beef or pork, and
cause the same to be relanded and delivered to the owner or owners
thereof, upon his or their paying the expence of such search and reland-
ing. And if any person or persons shall obstruct or hinder any inspector
from making such search as aforesaid, or any peace officer in relanding
such beef or pork, every person so offending shall forfeit and pay the
sum of one hundred pounds.
Inspectors And be it further enacted by the authority aforesaid, That no inspector
Sut o*f **^' of beef and pork to be appointed by virtue of this act, shall inspect or
<!ounty brand any casks of beef or pork out of the city or county for which he
^ime<?*" shall be appointed an inspector, upon _pain of forfeitinjg the sum of
twenty pounds. And if any person other than the said inspectors, shall
brand any casks of beef or pork in the manner directed by this act,
every person so offending shall forfeit the sum of "five pounds for every
cask so branded.
•Ctokstobe And be it further enacted by the authority aforesaid^ That upon the
-.^lU^'^f^,^ head of every barrel or cask of beef or pork, which shall be shipped
Of Shipper, from any port in this State, to any port either within or without the
same, the shipper thereof shall, before, or at any time such beef or pork
is repacked, cause the initial letter of his christian name and his sir-
name at full length to be branded.
TeoaiUes, And be it further enacted by the authority aforesaid^ That every the
covered, forfeitures and penalties aforesaid, shall and may be recovered, with
costs of suit in any court, having cognizance thereof, by any person or
persons, who will sue and prosecute for the same to effect; one moiety
of which said forfeitures and penalties, when recovered shall be paid to
the overseers of the poor of the town or place where the offence shall
be committed, for the use of the poor thereof and the other moiety
thereof to such person or persons as will sue for the same as aforesaid
Colonial And be it further enacted by the authority aforesaid , That all acts of the
pealed" ^^t^ colony of New York respecting the repacking of beef and pork be,
and they are;, from and after the said first day of October nex^ hereby
repealed.
Chap. 56.] ELEVENTH SESSION. 723
CHAP. 56.
AN ACT to regulate the culling of staves and heading.
Passed the 7th of March, 1788.
Whereas staves and heading have become articles of considerable Preamble,
exportation from this State, and it is necessary that great care be taken
to preserve their reputation at foreign markets; Therefore
Be it enacted by the People of the State of New- York^ represented in staves and
Senate and Assembly^ and it is hereby enacted by the authority of the same^ re^uiatfn«
That from and after the first day of July next, no staves or heading transporiA-
shall be exported out of this State to any foreign market, but such as
shall be culled by the cullers hereafter to be appointed for that purpose.
That all butt staves shall be made of good white oak timber, and shall
be of the following dimentions; — the long butts shall be five feet six
inches long, the short butts four feet six inches long, and both at least
five inches broad when dressed, clear of sap, two inches thick on the
thinest edge, and not more than two and an half inches thick in any
place, and shall be regularly split with the grain of the wood, and free
from twist, and to be otherwise good and sufficient. That all pipe
stave shall be made of good white oak timber, and shall be four feet six
inches long, and shall work three and an half inches broad when dressed,
clear of sap, and shall be three quarters of an inch thick on the thin
edge, regularly split with the grain of the wood, and shall not have more
than six worm holes, and be otherwise good and sufficient. That all
white oak hogshead staves shall be made of good timber, and shall be
three feet six inches long, and shall work three and half inches broad
when dressed clear of sap, and shall be three quarters of an inch thick
on the thin edge, regularly split with the grain of the wood, and shall
not have more than four worm holes, and be otherwise good and suffic-
ient. That all barrel staves shall be two feet eight inches long, and
shall work three and an half inches broad, when dressed clear of sap, and
shall be three quarters of an inch thick on the thin edge, regularly split
with the grain of the wood, and not more than four worm holes, and
otherwise good and sufficient. That all heading shall be made of good
white oak timber, and shall be two feet eight inches long, and shall not
be less than six inches broad, clear of sap, three fifths of which shall be
fit for middle pieces, and shall not be less than three fourths of an inch
thick on the thin edge, and be otherwise good and sufficient. That all
red oak hogshead staves, shall be three feet six inches long, four inches
broad including sap, and shall be three quarters of an inch thick on the
thin edge.
And be it further enacted by the authority aforesaid. That the gover- CuUere
nor or person administering the government of this State, for the time poin^ej^
being, by and with the advice and consent of the council of appoint-
ment shall and may appoint eight or more cullers, for the city and
county of New- York, four or more cullers for the city and county of
Albany, two or more cullers for the city of Hudson, and as many in the
other counties in this State as shall appear from time to time to be
necessary.
And be it further enacted by the authority aforesaid That each of the Oath of
cullers to be appointed by virtue of this act, shall take the following *^""®'**
oath before some person or persons authorized to administer the same,
viz. " I do solmnly swear that I will well, faithfully, truly
and impartially according to the best of my judgment, skill and under-
724 LAWS OF NEW YORK. [Chap. 56.
standing, execute, do and perform, the office of a culler and examiner of
staves and heading, according to the true intent and meaning of the laws
of this State relative thereto."
Fees of And be it further enacted by the authority aforesaidy That the respec-
cuiiero. ^jyg cullers shall be entitled to receive for culling every thousand pipe
staves, the sum of four shillings, for every thousand hogshead staves and
heading the sum of three shillings, for every thousand barrel staves-the
sum of two shillings, and for every thousand long butt staves the sum
of ten shillings, and for every thousand short butt staves the sum of
eight shillings, and no more, computing twelve hundred staves or head-
ing to a thousand, one half to be paid by the buyer, the other half by
seller, and for all such staves or heading as are culled out and not
merchantable, the culler shall be entitled to receive of the proprietor
thereof the one half the price of the culling merchantable staves or
heading.
Disputes And be it further enacted by the authority aforesaid^ That where any
seUe^and disputes shall arise between the buyer and seller of staves and heading,
buyertobe respecting the culling of the staves by the culler, who was employed for
cuUere. ^ the purpose, such dispute shall be submitted to two other cullers of
staves and heading, one to be chosen by the buyer and the other by the
seller, and their determination shall be conclusive.
Illejwi ex- And be it further enacted by the authority aforesaid^ That if any person
penSty!"* ^^ persons shall ship on board any vessel for exportation out of this
State, any staves or heading to any foreign market, but such as have
been viewed and examined by some one of the cullers appointed by
virtue of this act, in the city, county or town where such staves or head-
ing were exported from, the master of such vessel, shall forfeit and pay
the sum of twenty shillings for every thousand so taken on board, and
owner or proprietor thereof the sum of forty shillings for every thou-
sand so shipped on board for exportation, to be recovered with costs of
suit by any person who will prosecute for the same, in any court having
cognizance thereof.
Id. And be it further enacted by the authority aforesaid^ That if any person
or persons shall ship on board any ship or vessel for exportation to any
foreign market any staves or heading that have been condemned, or
shall mix the same with any staves or heading that have been culled,
every such person upon due proof thereof shall forfeit and pay the sum
of forty shillings for every thousand condemned staves or heading so
shipt on board or mixed to be recovered in manner aforesaid.
Proceed- And be it further enacted by the authority aforesaid That the said cul-
l"Sation'* ^^''s and every of them shall have full power and authority by virtue
of actsus- of this act, and on suspicion that any staves or heading which have not
^^ ' been culled, or which have been condemned as aforesaid, shall be
shipped in any ship or other vessel for exportation, to apply to any jus-
tice of the peace and on oath to assign to such justice, the causes of
such suspicion; and if the said justice shall think the said suspicion well
grounded, he shall issue his warrant to the said culler or cullers, to enter
on board any ship or vessel whatsoever within any harbour, port or nver
within the county of which he is a culler, to search for and make dis-
covery of any staves or heading shipped or shipping on board of any
such vessel for exportation, immediately from thence to any foreign
market, and if the said culler on such search, discover any staves or
heading shipped on board any such vessel that have not been culled by
one of the cullers appointed by virtue of this act, or shall find on board
any staves that have been culled out or condemned, such culler sball
apply to, one of the nearest justices of the peace, who is hereby required
Chap. 58.] ELEVENTH SESSION. 725
to issue his warrant, directed to some peace officer or officers, command-
ing him or them to enter on board such vessel having on board such
condemned or uninspected staves or heading, and cause the same to be
relanded and delivered to the owner or owners thereof, upon his or their
paying the expence of such search and relanding.
And be it further enacted by the authority aforesaid^ That one moiety Forfeiture.
of the forfeitures to be recovered by virtue of this act shall be paid to '®<^^««7o^
the overseers of the poor in the town or place where the offence was
committed for the use of the poor thereof, and the other moiety thereof
to such person or persons as will sue for the same as aforesaid.
CHAP. 57.
AN ACT authorizing the corporation of the city of New York to
remove the statue therein mentioned.
Passed the 7ih of March, 17S8.
Whereas the levelling and altering of Wall-street in the city of New- Pwambie.
York, renders it inconvenient that the remains of the statue of the late
Earl of Chatham, while the Right Honorable William Pitt, which now
stands in the said street, should continue there. Therefore,
Be it enacted by the People of the State of Neu* York, represented in statue of
Senate and Assembly, and it is hereby enacted by the authority of the same, ^SS to be
That it shall be lawful for the corporation of the city of New York, to wmoved.
cause the said statue to be removed to some convenient place, where the
same may be preserved, until the further order of the legislature.
CHAP. 58.
AN ACT supplementary to the act entitled An act to prevent •
the exportation of unmerchantable flour, and the false tareing
of bread and flour casks.
Passed the 7th of March, 1788.
Be it enacted by the People of the State of New- York, represented in Act recited
Senate and Assembly, and it is hereby enacted by the authority of the same, J? ^Ifn^d
That the act entitled An act to prevent the exportation of unmerchant- buckwheat
able flour, and the false taring of bread aud flour casks, passed the six- ^^'
teenth of March, one thousand seven hundred and eighty five, and
every section and article therein mentioned, except the fifteenth and
twenty first sections thereof, shall extend and it is declared and enacted
to extend to rye and buckwheat flour, in as full and ample a manner as
if the said several articles had been expressly named or mentioned in
the said act, any thing in the said act to the contrary notwithstanding.
And be it further encuted by the authority aforesaid, That every cask Branding
containing rye or buck wheat flour, shall (besides the marks and brands o' <«>**"•
directed by the said act, to be put by manufacturers on casks contain-
ing wheat flour) be branded on one of the heads with the words RYE
FLOUR or BUCK. W: FLOUR, as the case may require.
And be it further enacted by the authority aforesaid. That no meal meafregu*
made of Indian com, shall be exported from this State, unless it be '»^*"J.
inspected by one of the inspectors appointed pursuant to the act herein ^SuoiT
726 LAWS OF NEW YORK. [Chap. 58.
before mentioned, and unless it shall appear to the satisfaction of the
said inspectors, that the corn of which the said meal was made^ had
been sufficiently dry, or had been kiln-dried; and such as has been kiln-
dried, shall be branded, on the cask, with the letters KILN. D: MEAL,
and with the initial letter of the miller or owner's christian name and
his surname at full length ; and the casks containing the same shall be
of the following dimensions, to wit, twenty seven inches in length, and
the diameter of each head sixteen inches and one half, and the casks
made nearly straight, for the convenience of stowing in vessels; and
each of the said casks shall contain one hundred and sixty eight pounds
of meal, which weight shall be branded on each of the casks, and the
tare marked thereon with a marking iron. Provided nevertheless that
nothing in this act shall prevent the packing of Indian meal for expor-
tation in hogsheads; but all such meal shall be inspected and branded
as if packed in barrels, and the inspectors shall be entitled to receive for
inspecting each hogshead the sum of three pence, and for each barrel
the sum of one penny-half penny, and the weight of meal in each such
hogshead shall be marked thereon.
Intermix- And be it further enacted by the authority aforesaid^ That if any per-
Infi^cSon, son or persons shall mix any uninspected buck-wheat flour, rye flour, or
penalty. ' meal made of Indian corn, with such as has been inspected, and shall
ofler the same for sale as inspected flour, he she or they so offending,
shall forfeit, for each barrel so mixed and offered for sale, the sum of
twenty shillings; and for each hogshead so mixed and offered for sale
the sum of tliree pounds and if any person or persons shall export any
Indian meal that has not been inspected and branded as herein before
directed, he, she or they shall forfeit, for every barrel so exported, the
sum of ten shillings; and for every hogshead so exported the sum of
thirty shillings and the said inspectors, appointed or to be appointed,
pursuant to the said herein before mentioned act, are hereby directed
not to inspect any wheat flour but what shall be packed in new casks
not befoie used for any purpose.
Condemn- And be it further enacted by the authority aforesaid^ That it shall and
Sd meal. '"^X ^^ lawful for the inspector or inspectors of flour and meal, in this
State, and they are hereby directed to brand or mark the word bad on
the head of each cask of condemned flour or meal.
Casks to be And be it further enacted by the authority aforesaid^ That on the head
with^name ^^ ^^^^ ^^^^ ^^ barrel, in which flour, commonly called midlings or
of shipper, cornel, shall be packed for sale or exportation, the initial letter of the
owner's or miller's christian name, with his surname at full length, shall
be branded, and also the word midlings or cornel, as the case may be;
and every person who shall sell or export any midlings or cornels, in
casks not branded as herein before directed, shall forfeit for each cask
so sold or exported, and not branded, the sum of ten shillings,
standard And be it further enacted by the authority aforesaid^ That the stand-
wheat! **' ^^^ weight of wheat brought to the city of New- York for sale shall be
sixty pounds nett to the bushel ; and in all cases of sales of wheat in the
said city by the bushel, if the same shall exceed the standard weight,
the buyer shall pay a proportionably greater price ; and if the same
shall be less than the said standard, the buyer shall pay a proportionably
less price. Prainded that this regulation shall not extend to any special
contracts respecting the sales of wheat, whatever may be the weight
thereof.
8btpbi»- And be it further enacted by the authority aforesaid. That every baker
cult, eto. Qf ^^y q£ ^Yie kinds of hard bread, commonly called ship, midling, water,
butter or milk biscuit, intended for sale, shall cause the initial letter of
Chap. 59.] ELEVENTH SESSION. 727
his christian name, with his surname at full length, to be impressed on
each biscuit so baked, and that upon the head of every cask or keg in
which any such biscuit are packed for exportation, shall be marked
with a marking iron, the tare of such cask or keg, and that the initial
letter of the baker's christain name, with his surname at full length, shall
be branded thereon, with words expressing the kind of bread or biscuit
contained in the same, and the name of the city or county where such
bread or biscuit was baked, and such biscuit as is commonly sold in
small kegs shall contain either seven or fourteen pounds of the said
bread. And if any person or persons shall sell or ship for exportation,
any kind of hard bread, not marked and branded, as herein before
directed, he, she or they shall forfeit, for each hundred weight, so shipped
or sold, the sum of five shillings, and so in proportion for a greater or
less quantity.
And be it furtJur enacted by the authority aforesaid^ That the several Pees of
measurers appointed or to be appointed within this State, shall be enti- ">«*•"'«"•
tied to receive and take for measuring flax seed, salt, wheat, rye, corn,
buck wheat, or any other article commonly sold by the bushel, one
half penny per bushel, and no more ; and for all coal measured, at and
after the rate of two shillings for every chaldron, and no more; the one
half to be paid by the buyer, and the other half by the seller, unless a
particular contract is made to the contrary.
And be it further enacted by the authority aforesaid^ That this act shall Act, when
be in force from and after the first day of July next, and that all for- eff^^^for
feitu res mentioned in the same, shall and may be recovered in any court feiturea.
having cognizance thereof, with costs of suit, by any person or persons
who shall sue for them respectively, by action of debt, bill, plaint or
information; the one half thereof to be for hrs, her, or their own use,
& the other half for the use of the people of this State.
CHAP. 59.
AN ACT for the relief of William Chace.
Passed the 7ih of March, lySS.*^
Whereas William Chace of Schaghticooke in the county of Albany Preamble,
hath erected a bridge across the Hosick river, being thereunto encour-
aged by sundry of the inhabitants of that and the neighbouring districts;
and whereas it appears to the legislature, that he hath expended to the
amount of about sixteen hundred pounds in erecting the said bridge;
and whereas the said bridge is found to be of great public utility, and it
appears proper, that compensation should be made to the said William
Chace. Therefore
Be it enacted by the People of the State of New York^ represented in wiiiinm
Senate and Assembly^ and it is hereby enacted by the authority of the same ^wer».d"io
That it shall and may be lawful to and for the said William Chace, his receive
heirs executors administrators and assigns, from and after the passing il^IJJg {.'J^.
of this act, and for and during the term of twenty years, to ask, demand {J}{||i Jl****
and take, for the use of the said bridge, a toll agreable to the following him. ^
rates, vizt. ^ i
For every carriage crossing the said bridge drawn by two horses or luteoCtoU
two working cattle, the sum of one shilling. ^
728
LAWS OF NEW YORK.
[Chap. 6o.
PeraoDs
who have
contrib-
uted to
bridffe ex-
empted.
Certain
highway
may l>e
closed.
No bridge,
except pri-
vate, to be
erected
within two
miles.
For every carriage drawn by more than two horses, or twa cattle, at
and after the rate of three pence for each additional horse or working
creature.
For a man and horse, the sum of six pence.
For a single person, the sum of tv/o pence.
For every single horse, mare or colt, the sum of two pence.
For every ox, cow, heifer or calf, the sum of two pence.
For sheep and hogs, at and after the rate, of one shilling per score.
Proindcd always and be it further enacted by the authority ajoresaid^
That all persons who have subscribed and paid any money towards the
building of the said bridge, shall be exempted from the payment of toll
upon passing the said bridge, for themselves their goods and property,
until the amount of the toll that would b^ otherwise payable by them
respectively shall be equal in amount to the several sum of money, by
them respectively subscribed and paid as aforesaid.
And be it furtJier enacted by the authority aforesaid^ That it shall and
may be lawful, to and for the said William Chace, to fence up, or other-
wise stop up, so much of the high-way leading from the northward to
Harts Point, as runs thro' his own land, and lies between the said bridge
and the places where the said Hosick river was crossed by the ford and
ferry before the erecting of the said bridge.
And be it further enacted by the authority aforesaid^ That it shall not
be lawful, to and for any person or persons whatsoever, to erect, or
cause to be erected, any bridge over or across the said Hosick river, at
any place nearer than two miles on a straight line, to the eastward and
westward of the said bridge so erected by the said William Chace, unless
for the private use of the proprietor or proprietors of the soil where
such bridge shall be erected; and if any such private bridge shall be
erected and the proprietor thereof shall permit any carriages or cattle
other than those actually belonging to himself tocross sUch bridge, such
prorietor shall pay unto the said William Chace his heirs executors
administrators or assigns, treble the toll herein before specified, to be
recovered in any suit or action of debt before any justice of the peace
having cognizance thereof.
CHAP, 60.
AN ACT to raise a further sum of money to finish the court
houses and gaol in West Chester county ; and for other pur-
poses therein mentioned.
Passed the 7(h of March, I788>
Preamble. Whereas the money heretofore raised and collected in the county of
Westchester, has proved insufficient to build and finish the court houses
and gaol in the said county; therefore,
Be it enacted by the People of the State of New York, represented in
Senate and Assembly, and it is hereby enacted by the authority of the same%
That the supervisors of the several towns in the county of West Chester
for the time being, shall be, and they are hereby authorised and required,
j^"** *"** ^^ cause to be raised and levied on the freeholders and inhabitants of
the said county, a sum not exceeding seven hundred and fifty pounds,
for finishing the two court houses and gaol in the. said county, with an
additional sum of one shilling in the pound for collecting the same,
which said sums shall be raised, levied and collected,, in like manner as
Tax laid
In We«t-
r heater
county to
complete
court-
Chap. 6o.] ELEVENTH SESSION. 729
the other necessary and contingent charges of tTie county are raised;
levied and collected.
And ^e it further enacted by the authority aforesaid^ That the said Sapervis-
supervisor? shall meet at the court house at the White Plains, in the ^Sd ap^or-
said county, on the first Tuesday in May, in the present year one thou- Uon tax,
sand seven hundred and eighty eight, for the purpose of dividing and
apportioning among the several towns in the said county, the money to
be raised by virtue of this act ; and it is hereby made the duty of the
clerk of the said supervisors to notify the respective supervisors of
such meeting : Which money to be raised as aforesaid, shall be col-
lected and paid into the treasury of the said county, on or before the
first day of July next, and the sum of six hundred pounds of the said
money, shall be applied towards the finishing the court house and gaol
at the White Plains, and the sum of one hundred and fifty pounds of
the said money, shall be applied towards the finishing the court house
at Bedford.
And be it further enacted by the authority aforesaid^ That the county Payments
treasurer shall pay to the trustees appointed by virtue of an act " entitled ^,J^^'^
An act for building two court houses and a gaol in the county of
West Chester, and raising money for that purpose, passed the first day
of May one thousand seven hundred and eighty six," the monies he
shall receive by virtue of this act, retaining in his hands a sum not exceed-
ing one half per cent on the monies received, and paid out by him by
virtue of this act; and the said trustees, shall account to the supervi-
sors of the said county, for the money so by them to be received and
expended.
And be it further enacted by the authority aforesaid^ That if the said Neglect by
treasurer, or any supervisor, assessor, or collector, shall neglect or chafed
refuse to perform the duty required of him by this act, the person so ^^'J^^'W
neglecting or refusing, shall forfeit the sum of fifty pounds, to be recov- U^t,^
ered in an action of debt, in any court of record within this State, by
the trustees before mentioned, or the survivors of them; which forfeit-
ure or forfeitures when recovered, shall be applied to defraying the
expencer of finishing the said court houses and gaol.
And whereas it is suggested to the legislature, that there remains due
from the town of Bedford to the late church wardens of the late parish
of Rye, and others, sundry sums of money which ought to have been
raised by the said town, by virtue of former laws for the support of the
poor. Therefore,
Bt it further enacted by the authority aforesaid^ That it shall and may Bedford,
be lawful for the supervisors of the said county of West Chester, or the ^^^^
major part of them, and they are hereby required at their next annual
meeting, to examine into and ascertain the amount of the monies so due,
from the said town of Bedford, and to cause all such sum and suras of
money as they shall find to be so due, together with one shilling in the
pound for collecting, and two pence in the pound, for the fees of the
county treasurer, for receiving and paying, to be raised, levied and col-
lected, in the said town gi Bedford, from the freeholders and inhabit-
ants of the same town, in the same manner as the proportion of the said
town, of the necessary and contingent charges of the said county are
raised, levied and collected, and to be paid by the collector after deduct-
ing his fees for collecting as aforesaid, to the treasurer of the said county,
on or before the first day of January next, wlio shall pay the same, after
deducting his fees, to the persons to whom the said monies are due, in
discharge of their demands, as the said supervisor shall order and direct.
And if any supervisor, assessor, or collector, shall refuse or neglect, to
Vol. 2. — 92
730 LAWS OF NEW YORK. [Chap. 6i.
perform the duty reqtired of him by this clause of this act, he shall for-
feit and pay the sum of one hundred pounds, to the treasurer of the said
county, to be recovered with costs, in any court of record, by action of
debt, bill, plaint, or information, in the name of the treasurer of the
county of West (tester for the time being, and to be disposed of for the
use of the same county, in such manner and for such purposes, as the
supervisors of the same county for the time being, shall think proper
and direct.
CHAP. 61.
AN ACT making such alterations in the act for incorporating
religious societies, as to render the same more convenient to
the Reformed Protestant Dutch congregations.
Passed the 7th of March, 1788.
Preamble. Whereas by the usage of the religious societies commonly known by
the appellation of the Reformed Protestant Dutch churches or congre-
gations, the minister or ministers, and elders and deacons, for the time
being, have the management of the temporalities of the respective con-
gregations, and the said congregations cannot therefore avail themselves
of the benefit intended by the act entitled "An act to enable all the
religious denominations in this State, to appoint trustees, who shall be a
body corporate, for the purpose of taking care of the temporalities of
their respective congregations, and for other purposes therein men-
tioned" passed the 6th day of April, 1784," without departing from
such usage, which hath long been established, and hath always been
approved of, by the members of the said congregations. And whereas
several of the said congregations, have, by their petitions to the legisla-
ture prayed, that they might be accommodated in this respect, and that
the requisite alterations might be made in the said act Therefore,
Minister, ^^ tt enacted by the People of the State of New Yorky represented in
elders^ and Senate and Assembly , and it is hereby enacted by the authority of the same,
oetSSiteeii That the elders and deacons for the time being, and if there shall be a
ed Protlw- minister or ministers, then the minister or ministers, and elders and
tant Dutch deacons for the time being, during the time there shall so be a minister
c urc es. ^^ ministers, of every Reformed Protestant Dutch church or congrega-
tion, established or formed, or hereafter to be established or formed in
this State, shall be tnistees for their respective churches or congrega-
tions, and be respectively bodies corporate, to the same intents and pur-
poses, and with the like powers and authorities, and capacities, and
subject to the same duties, as are, in and by the said act, declared and
enacted, with respect to trustees elected agreable to the mode therein
prescribed. That the said trustees so to be respective bodies corporate,
in virtue of this act, shall be respectively elected agreable to the rules
and usages of the Reformed Protestant Dutch churches within this
State. That it shall be lawful for the elders and deacons, and where^
there shall be a minister or ministers, then for the minister or ministers,
and elders and deacons of every Reformed Protestant Dutch church or
congregation, already formed or established, or hereafter to be formed
or established, within this State, to assemble together as soon as they
shall respectively deem it convenient, and to execute under their hands
and seals, a certificate, certifying the name, style or title by which they
the said trustees of such church or congregation and their successors
Chap. 62.] ELEVENTH SESSION. 731
forever, shall as a body corporate by virtue of this act, be called, dis-
tinguished or known; and which certificate, shall be proved or acknowl-
edged and recorded in like manner, as is directed in and by the said
act. And further that it shall be lawful for the trustees of any such
church or congregation, elected in virtue of the said act, by writing
under their hands and seals, to be proved or acknowledged, and recorded
as aforesaid, to declare their will, not to continue longer a body corpo-
rate; and from and im^nediately after the recording of such writing, such
body corporate shall cease, and all the estate, real or personal held by
thera, shall pass to, and be vested in, the trustees of such church or
congregation made a body corporate by virtue of this act
CHAP. 62.
AN ACT for the better settlement and relief of the poor.
Passed the 7th of March, 17S8.
Whereas the laws of this State for the settlement and relief of the Preamble,
poor and for the removal of disorderly persons, have by experience been
found insufficient, for remedy whereof.
Be it enacted by the People of t/ie State of Neut Vorhy represented in city and
Senate and Assembly^ and it is hereby enacted by the aut/writy of the same^ ^*^^° p*^^''-
That every city and town shall support and maintain their own poor.
And be it further enacted by the authority aforesaid^ That every person Settie-
who shall have come to inhabit in any city or town within this State and dwmed!**'
shall actually and bona fide have rented and occupied a tenement of the
yearly value of twelve pounds or upwards for two years and aOually
paid such rent; and every person who shall have come to inhabit in any
city or town within this State and shall for himself or on his own account,
have executed any public annual office or charge in such city or town,
'during one whole year; or who shall have been charged with and paid
his or her share toward the public taxes of such city or town, for the
space. of two years; and every person who shall have been bound an
apprentice or servant by indenture or by any deed, contract or writing
not indented, and shall, in consequence of such binding, have served a
term not less than two years, in such city or town, shall be deemed and
adjudged to have obtained a legal settlement in such city or town ; and
that all marriners coming into this State and having no settlement in
this State, or in any other of the United States of America; and every
other healthy able-bodied person coming directly from some foreign
port or place into this State, shall be deemed and adjudged to be legally
settled in the city or town in which he or she shall have first resided for
the space of one year.
And be it further enacted by the authority aforesaid^ That every bastard Bastard
child shall be deemed and adjudged to be settled in the city or town of ci»'i«iren.
the last legal settlement of his or her mother.
And be it further enacted by the authority aforesaid^ That no person or PurchaM
persons shall be deemed, adjudged or taken to acquire or gain a settle- *^'^
ment in any city or town, within this State for or by virtue of any pur-
chase of any estate or interest in such city or town, whereof the consid-
eration for such purchase shall not amount to the sum of thirty pounds,
bona fide paid, for any longer or further time than such person or per-
sons i^all inhabit in such estate, and shall then be liable to be removed
732 LAWS OF NEW YORK. [Chap. 62.
to the city or town where such person or persons were last legally set-
tled before the said purchase and inhabitancy therein.
Notice to And be it further enacted by the authority aforesaid^ That if any person
ove^era^ or persons, other than those herein before mentioned, coming into any
by new city or town within this State, shall within forty days after his her or their
commg into such city or town, deliver a notice in writing to any two
overseers of the poor of such city or town, into which he she or they
shall come to reside, of the house or place of his, her or their abode and
the number and names of his, her or their family, (if he she or they shall
have any); which notice such overseers of the poor are hereby required
to register or to cause to be registered within forty eight hours after the
receipt thereof, in the book kept in such city or town for the accounts
of the poor, and in case the overseers of the poor of such city or town
shall not, within twelve months after such notice, cause such person or
persons to be removed out of such city or town, in the manner herein
after mentioned, that then and in such case the person or persons so
giving notice as aforesaid, shall be deemed and adjudged to be legally
settled in such city or town to all intents and purposes whatsoever.
Penalty for And be it further enacted by the authority aforesaid^ That if any pver-
negiei^to ^eer or overseers of the poor shall refuse or neglect to register or to
TegiBter. cause to be registered such notice in writing as aforesaid, in such time
and manner as aforesaid, he or they shall, for every such refusal or neg-
lect, forfeit the sum of forty shillings, to the use of the party aggrieved,
to be recovered, with costs of suit, in any court having cognizance
thereof.
Proceed- And be it further enacted by the authority aforesaid^ That if any over-
remo'vai of seer or overseers of the poor of any city or town shall have reason to
poor per- believe that any stranger who shall have come to reside in such city or
where ^ town and who shall not have obtained a legal settlement in such city or
Son^haa'^* ^own, according to the true intent and meaning of this act, is likely to
leimi set- become chargeable to such city or town, such overseer or overseers of
*'"""""* the poor shall and may apply to any two justices of the peace of such
city, or of the county in which such town shall lie, and inform them^
thereof; and the said justices being so or otherwise informed, or seeing
such stranger and suspecting him or her to be of insufficient abilities or
likely to become a charge to such city or town, are hereby authorized
and required to issue their warrant to a constable of such city or town,
thereby commanding him to bring such stranger before them the said
justices, at such time and place as they, in their said warrant, shall for
that purpose appoint, and they the said justices shall examine every
stranger so brought before them and any other person or persons, whom
they may think necessary, upon oath, relating to the abilities and last
place of legal settlement of such stranger; and if, upon such examina-
tion, the said justices shall find such stranger likely to become a charge
to such city or town, they shall order and direct such stranger, by a cer-
tain day by them to be prefixed, to remove to the place of his, her or
their former settlement, and on neglect or refusal to comply with the
said order, the said justices shall issue a warrant, under their hands and
seals, directed to any constable of such city or town, (who is hereby
required and commanded to execute such warrant) thereby command-
ing him to convey or transport such stranger to the constable of the
next city or town, through which such stranger shall have been suffered
to wander and stroll unapprehended, and so from constable to constable,
or in such other manner, by the nearest and most convenient route, as
the said justices shall think fit to direct, to the place of legal settlement
of such stranger, if the same shall be within this State. And further^
tlement.
Chap. 62.] ELEVENTH SESSION. 733
if such stranger hath no place of legal settlement within this State, or if
the said justices shall not be able to discover where the last place of
legal settlement of such stranger was, then the said justices shall, in their
said warrant, direct that he or she be conveyed and transported to the
city or town from whence he or she last came and the constable so con-
veying such stranger shall deliver him or her, together with his warrant
aforesaid, to or at the house of some constable of such city or town,
which constable is hereby required to receive such stranger and convey
him or her to the next constable and so from constable to constable, or
otherwise, as such justices shall direct as aforesaid, until such stranger
shall be transported into some city or town within this State, where he
or she shall have come from or be legally settled in, or out of this State
into the State from whence he or she came into this State, as the case
may require.
And be it further enacted by the authority aforesaid. That if any house- inhabft-
hplder or inhabitant of this State shall take into receive or entertain, in J{ve Notice
his her or their dwelling house out house or family, for the space of of stranger
fifteen days, any person who hath not gained a settlement in some city uhied.
or town within this State, and shalL not, within the time aforesaid, give
notice-in writing to one of the overseers of the poor of such city or town,
of the name, quality, condition and circumstances of the person so enter-
tained, according to the best knowledge of such householder or inhab-
itant; every such householder or inhabitant, so entertaining as aforesaid,
shall, for every such offence, forfeit the sum of forty shillings, to be
recovered with costs of suit, before any court, having cognizance thereof,
by any person or persons who shall sue and prosecute for the same to
effect ; one half of which forfeiture when recovered to be paid to the
overseers of the poor of such city or town, and the other half to the
person or persons who shall sue for the same as aforesaid. And further^
if the person so entertained as aforesaid, shall have remained in any city
or town longer than the term of forty days, then and in such case it shall
and may be lawful for any two justices of the peace of such city or of
the county in which such town shall lie, to cause such and so many
of the householders or inhabitants of such city or town who shall have
so entertained such stranger, during the term of fifteen days, without
giving information thereof as aforesaid to be brought before them the
said justices, and such householders or inhabitants shall enter into bond
to the overseers of the poor of such city or town for the time being and
their successors, in the sum of one hundred pounds conditioned that
such stranger shall not become a charge to such city or town; and in
case any of the said persons, who shall have entertained such stranger
as aforesaid, being in the opinion of such justices of the peace . f suffi-
cient ability, shall refuse to become bound as aforesaid, it shall and may
be lawful for the said justices of the peace, by warrant under their
hands and seals, directed to any constable of such city or town, to cause
such person or persons so refusing, to be committed to the common
goal of such city or of the county in which such town shall lie, there to
remain until he she or they respectively shall consent and become bound
as aforesaid ; and such bond shall not be avoided by plea of duress:
but if the person or persons so entertaining such strangers shall not, in
the opinion of the said justices of the peace, be of sufficient abilities to
become bound as aforesaid, or if the said justices shall not think fit to
take such bond as aforesaid, then they shall cause such stranger to be
conveyed from constable to constable in manner aforesaid, until he or
she shall be transported to the place of his or her last settlement, if
734
LAWS OF NEW YORK.
[Chap. 62,
Constable,
fees for
transport-
ing strang-
ers.
Person re-
moved to
be whip-
ped If he
returns.
Orerseers
of poor of
town to
which per-
son remov-
ed to re-
ceive him.
Removal
of person
not to
affect set-
tlement.
Certtflcate
of settle-
ment to be
filed by per-
son remov-
mf? from
one town
to another.
within this State, or into any other of the United Stares, if from thence
he or she came.
And be it further enacted by the authority aforesaid, That every con-
stable transporting any stranger or strangers shall receive so much money
for his or their services as the supervisors of the city or county shall
judge he reasonably deserved to have. And further , that the charges
of every transportation shall be borne by the respective city or county,
and be raised, levied, collected and paid in the same manner as other
monies for the contingent charges of such city or county, are raised,
levied, collected and paid in such respective city or county.
And be it further enacted by the authority aforesaid. That if any person
so removed or transported as aforesaid, shall return into this State, or
from the place of his or her legal settlement, to the city or town from
whence he or she was so removed or transported as aforesaid, so as to
be likely to become a burthen to such city or town aforesaid, such per-
son so returning shall, by warrant from any two justices of the peace of
such city, or of such county, in which such town shall lie, be appre-
hended and re-transported as aforesaid ; and shall, by every constable
into whose charge such person shall come, if the justices so removing
him or her, shall think proper and so direct, be whipped, if a man, not
exceeding thirty nine lashes and if a woman, not exceeding twenty five
lashes, and so as often as he or she shall return, after such transporta-
tion.
And be it further enacted by the authority aforesaid. That if any person
be removed by virtue of this act, from one city or town to another
within this State, by warrant under the hands and seals of any two jus-
tices of the peace as aforesaid, the overseers of the poor of the city or
town to which the said person shall be so removed, are hereby required
to receive the said person; and if they or any of them shall refuse or
neglect so to do, the overseer or overseers so refusing or neglecting,
shall, if thereof convicted by the oath of two witnesses, forfeit and pay,
for each offence the sum of ten pounds to the use of the poor of the city
or town from which the said person was so removed, to be recovered,
with costs of suit, in any court having cognizance thereof, by the over-
seers of the poor of such city or town from which such person was so
removed as aforesaid.
Provided ahvays, and be it further enacted by the authority aforesaid.
That no person or persons, his, her or their child or children shall
acquire or gain a settlement in the city or town to which he, she or they
shall be so removed by virtue of this act, but his, her or their settlement
shall be and remain in the same place where it was before such removal;
any thing in this act to the contrary notwithstanding.
And whereas many poor persons resident in this State, cannot find
employment in the city or town where they are legally settled and are
not able to give security that they and their families shall not become
chargeable to any other city or town where they can find employ; for
remedy whereof. Be it further enacted by the authority aforesaid, That
if any person or persons who shall think proper to remove out of any
one city or town within this State, into any other, there to inhabit or
reside and shall at the same time procure bring and deliver, to the over-
seers of the poor of the city or town, where he she or they shall so come
to inhabit or reside, or to any one of them, a certificate, under the hands
and seals of the overseers of the poor or of any two of them, of the city
or town of his, her or their last legal settlement, attested by two or more
credible witnesses, thereby owning or acknowledging the person or per-
sons mentioned in such certificate to be an inhabitant or inhabitants
Chap. 62.J ELEVENTH SESSION. 735
legally settled in the city or town mentioned in such certificates as afore-
said, which certificate shall be, either acknowledged by the overseers of
the poor giving the same, or shall be duly proved by the witnesses, who
shall have attested the execution thereof, or one of them, before any
justice of the peace of the city or of the county wherein the town, from
whence any such certificate shall come, shall lie, and shall be approved
of and subscribed by such justice of the peace; then and in such case,
it shall and may be lawful for every such person, with his or her family
(if he or she have any) upon the delivery of such certificate as aforesaid,
to continue, abide and remain in any such city or town, to which he, she
or they shall remove as aforesaid, and to follow any honest employment
within the same ; and the overseers of the poor shall deliver every such
certificate to the town clerk of the city or town, in which any such per-
son or persons shall come to reside as aforesaid, who is hereby required
to file and record the same. And further that every such certificate so
acknowledged or proved and allowed as aforesaid, shall be deemed,
taken and allowed, in all courts whatsoever within this State, as duly
and fully proved and shall be taken and received as evidence without
any other proof thereof.
And be it further enacted by the authority aforesaid^ That whenever Person fll-
any person, with his or her family (if he or she have any) or any part J^tetu^iS
thereof, so remaining by virtue of the certificate or certificates aforsaid, removed if
shall become chargeable or be obliged, by sickness or otherwise to ask Schaw?*
relief of the city or town, into which he, she or they were received as
aforesaid, that then and not before, it shall and may be lawful for any
two justices of the peace of the city or county into which such person
or persons were received by virtue of such certificate as aforesaid, to
remove and convey all and every such person or persons, with all and
every of his or her family and his or her children, though born in such
city or town, and his or her servants and apprentices not having other-
wise acquired a legal settlement there, to the city or town from which
such certificate was brought as aforesaid; the overseers of the poor of
which city or town are in such case hereby required and obliged to
receive and provide for every such person and his or her family as afore-
said.
And be it further enacted by the authority aforesaid^ That no person Person
who shall come to reside in any city or town by virtue of any such cer- u^fdercer-
tificate as aforesaid, shall be deemed or adjudged by any act whatsoever, liflcate not
of him or her, to have gained a legal settlement in such city or town, aeu?ement
during the time he or she shall reside there by virtue of such certificate,
unless he or she shall really and bona fide purchase a freehold of the
value of thirty pounds or upwards; or really and bona fide have rented
and 'occupied a tenement of the yearly value of twelve pounds or
upwards, for two whole years, or shall have executed a public annual
office or charge in such city or town for one whole year as aforesaid.
And be it further enacted by the autliority aforesaid^ That when any Reimbur-
person or persons or their families residing in any city or town or sent ^^ by**^
thither by certificate and becoming chargeable as aforesaid, shall be t^jj^" '«>m
removed back to the city or town to which such person or persons shall certiflcate
belong, the overseers of the poor shall be reimbursed such reasonable *®"''
charges, as he or they may have been put unto, in maintaining and
removing such person or persons, by the overseers of the poor of the
city or town to which such person or persons is are or shall be removed,
the said charges having been first ascertained and allowed by two or
more of the justices of the peace of the city or of the county in which
such town, from which such removal shall be made shall lie; which said
736 LAWS OF NEW YORK. [Chap. 62.
charges so ascertained and allowed, shall, in case of refusal of payment,
be levied by distress and sale of the goods and chattels of the overseers
of the poor of the city or town to which such certificate person or person^
shall be removed as aforesaid, by warrant or warrants, under the hands
and seals of any two justices of the peace of the city or county where
the overseers of the poor shall reside (who are hereby authorized and
required to issue the same) directed to some constable of such city or
town ; returning the overplus, if any there be, after deducting all lawful
costs and charges of such sale.
And whereas it often happens that poor persons having a residence in
one city or town, remove from thence into another city or town, within
this State, without such certificate as aforesaid and there become sick,
lame or otherwise so infirm that they cannot be removed and sometimes
die, before they can be legally sent back, whereby the inhabitants of
such city or town, where such poor person becomes sick, lame or die,
are put to charge and expence in the maintenance or burying such
poor person ; And whereas it is just and reasonable that such charges
Where and expences should be repaid; ^ here fore be it further enacted by the
forded to authority aforesaid^ That if any poor person shall remove or come out
person of any city or town, where he or she is or shall be legally settled, into
to another any Other city or town within this State, and shall be taken sick or lame,
!2rJ2'?jr?fi so that he or she cannot be conveniently removed back, to the place of
seers to be,. y ■% ^ t •%. \ i i-i *■ , y
reimbursed his or her last legal settlement, then the overseers of the poor of such
city or town, into which such poor person shall so come as aforesaid, or
one of them, shall give notice in writing to the overseers of the poor of
the city or town out of which such poor person shall have come as afore-
said, of the name, condition and circumstances of such poor person, and
request such overseers of the poor, or one of them, to take care of, relieve
and maintain such sick or lame poor person during his or her illness^
and also to provide for his or her funeral, if he or she should die there;
and if such overseer or overseers of the poor having notice as aforesaid,
shall neglect or refuse so to do, then and in such case it shall be lawful
for any two justices of the peace of the city or of the county in which
such town shall lie, where such poor person had his or her last legal
place of settlement, upon complaint made to them, to cause all such sum
and sums of money as shall be necessarily expended in the mainten-
ance of such poor person in his or her sickness or lameness, or on his or
her funeral, to be levied, by distress and sale of the goods and chatties
of the said overseer or overseers of the poor, so neglecting or refusing to
take care of and provide for any such poor person as aforesaid, after such
notice given to him or them as aforesaid, by warrant or warrants, under the
hands and seals of such justices (who are hereby authorized and required
to issue the same) directed to some constable of the city or town ^here
such overseer or overseers of the poor shall reside, returning the overplus,
if any there be, after deducting all lawful costs and charges of uch sale
as aforesaid; and such sum or sums of money so recovered shall be
paid to the overseers of the poor, or to one of them, of such city or
town where such poor person shall be sick, lame or die a» aforesaid.
Appeals to Proxnded always^ and be it further enacted by the authority aforesaid
ISmIods. That all and every person and persons, who shall think himself herself
or themselves aggrieved, by any judgment or order of any justice or
justices of the peace, or by any warrant of removal of any poor person
may appeal to the next general sessions of the peace to be holden in
and for such city or in and for the county in which such city or town
shall lie, where such judgment or order shall be made, or from which
such poor person shall be removed as aforesaid, who are hereby author-
Chap. 62.J ELEVENTH SESSION. 737
ized and required to hear and determine such appeals, and to do justice
therein, according to the merits of the respective cases. And further
that no justice of the peace, who shall reside in any city or town where
any dispute shall happen (except in the city and county of New York)
shall sit in court upon such appeals.
And be it further enacted by the authority aforesaid^ That on every w.; New
appeal to be made to the court of general sessions of the peace to be ^^^^ ^*^y*
holden in and for the city and county of New York, the justices, who
shall determine such appeal, shall, upon request, state the case specially,
particularly and at large, that all and every person or persons who shall
think himself, herself or themselves aggrieved by the determination on
such appeal, may have remedy thereupon in the supreme court.
And be it further enacted by the authority aforesaid^ That no appeal Notice of
or appeals, from any judgment or order whatsoever of any justice or ^pp®**-
justices of the peace, or from any order of removal of any poor person
or persons whatsoever, from one city or town to another, shall be pro-
ceeded upon, in any court of general sessions of the peace, unless reason-
able notice in writing be given, by the overseers of the poor of the city
or town or the person or persons who shall make such appeal, unto the
overseers of the poor, or one of them, of such city or town, as shall be
affected by such judgment or order, or from which such poor person
shall be removed; the reasonableness of which notice to be determined
by the justices of such general sessions of the peace, to which the appeal
is made ; and if it shall appear to them that reasonable time of notice
was not given, then they shall adjourn such appeal to the next general
sessions of the peace and then and there finally hear and determine the
same.
And for the preventing vexatious removals and frivilous appeals; ^^Dedsionon
// further enacted by the authority aforesaid^ That if the justices shall, *pp®**^"
at their general sessions of the peace, to be holden in and for any city
or county within this State, upon any appeal before them there to be
had and prosecuted, for and concerning the settlement of any poor per-
son or persons, determine in favour of the appellant or appellants, that
such poor person or persons was or were unduly removed, that then the
said justices shall, at the same general sessions, order and award, to
to such appellant or appellants, so much -money (besides his or their
costs and charges, as shall appear to the said justices to have been reason-
ably paid and expended by the overseers of the poor of the city or town
on whose behalf such appeal was made, for or towards the relief of
such poor person or persons, between the time of such undue removal
and the determination of such appeal. And further that upon every Coets on
appeal before them there to be had for or concerning any judgment or »pp«**»-
order of any justice or justices, for and concerning the settlement of any
poor person, or upon any proof before them there to be had of notice of
any such appeal to have been given, by the overseers of the poor of one
city or town, or by any other person or persons, to the overseers of the
poor of another city or town, or to any other person or persons, though
he, she or they did not afterwards prosecute such appeal, the justices,
at the same general sessions of the peace, shall award and order to the
party for whom and in whose favour such appeal shall be determined,
or to whom such notice did appear to have been given as aforesaid,
such costs and charges in the law, as by the said justices in their discre-
tion shall be thought reasonable and just, to be paid by the overseers
of the poor of the city or town or other person or persons, against whom
such appeal shall be determined or who gave notice of such appeal as
aforesaid and did not prosecute the same. And furtlier^M in any of
Vol. 2. — 93
738
LAWS Of new YORK.
[Chap. 62.
Belattves
bound to
SUDDOrt
iDaficeDt
peiBODS.
Attach-
ment of
property of
abscond-
ing father
or mother,
for support
of wife or
children.
the cases aforesaid, the person or persons ordered to pay such monies
and costs and charges aforesaid, shall reside in any city or county out
of <he iurisdiction of 5uch court of general sessions of the peace, it shall
and may be lawful for the overseers of the poor, to whom «?uch monies
were, by order of such court of general sessions of the peace, directed
to be paid, to sue for and recover the same mopies against the person
or persons, against whom such award or order was made, with cost'? of
suit, in an action for monies had and received to the plaintiffs use, in
any court in this State having cognizance thereof, where the person or
persons against whom such determination shall be given as aforesaid,
shall reside, in which action a tnie copy of the award and order of such
justices in their court of general sessions of the peace, signed by the
clerk and sealed with the seal of the same court, when produced shall
be sufficient evidence for the recovery of such sum or sums of money
so awarded and ordered to be paid as aforesaid.
And be it further enacted by the authority aforesaid. That the father
and grand father, mother and grand mother (being of sufficient ability)
of any poor, blind, lame or decriped person or persons whomsoever,
not being able to maintain himself or herself and becoming chargeable
to any city or town within this State, and the children and grand chil-
dren (being of sufficient ability) of every poor, old, blind, lame or impo-
tent person not being able to maintain himself or herself and becoming
chargeable as aforesaid shall severally and respectively, at his, her, or
their charges, and expences, relieve and maintain every such poor per-
son as aforesaid, in such manner as the justices of the peace of the city
or county where such sufficient person shall dwell, at their general ses-
sions of the peace, shall order and direct, on pain of forfeiting and pay-
ing ten shillings for each person so ordered to be relieved, for every
week he, she or they shall fail therein; to be sued for and recovered,
with costs of suit, by the overseers of the poor of the city or town, to
which such poor person or persons shall be chargeable, for the use of
the poor of such city or town, in the manner herein before directed
with respect to costs and charges upon an appeal.
And whereas it sometimes happens that persons run away or abscond
from their, places of abode and legal settlement and leave their wives
and families a charge to the city or town, in which they are settled,
although such persons have some estate real or personal whereby
such city or town might be eased in whole or in part, therefore ^ '-^
further enacted by the authority aforesaid, That it shall and may be law-
ful for the overseers of the poor of any city or town within this State,
where any father or husband shall run away or absent himself from his
wife or children, or where any widow shall run away or absent herself
from her child or children, and leave him, her or them, a charge to
such city or town, to apply to any two justices of the peace of the city
or county where such estate real or personal, or any part thereof, ^^1
be, and by warrant under the hands and seals of the said two justices
(who are hereby authorized and required to issue the same) to take and
seize the goods and chattels and to let out and receive the annual rents
and profits of the lands and tenements of such father, husband or mother
so absconding as aforesaid, for and towards the maintaining, bringing
up and providing for such wife, child or children so left as aforesaid;
and so soon as the said seizure shall be allowed of and confirmed by
the justices in their general sessions of the peace, it shall and roa)[^^
lawful for the said overseers of the poor or any two of them, from "^^
to time, and as often as the case may require, to sell and dispose of so
much and so many of the said goods and chattels at public vendue to
Chap. 62.] ELEVENTH SESSION. 739
the highest bidder and to receive the said rents and profits or so much
thereof as shall be ordered by the said sessions, and to apply the money
arising thereby towards the maintenance of such poor family or person
so left as aforesaid. And further^ that the said overseers of the poor
shall be accountable to the justices of the peace in their said general
sessions, for all such monies as shall or may arise by every such sale or
sales or to be received by them for the rents and profits of such lands
and tenements.
And be it further enacted by the authority aforesaid^ That the majority Tax levies
of the freeholders and inhabitants who shall be assembled at the annual p^SpS^,
town meeting, in each respective town, in the several counties of this
State, shall and may determine and agree upon such sum and sums of
money, as they may think proper, for the purpose of maintaining and
supporting the aged and other poor in their respective towns in the
ensuing year; of which sum or sums of money so agreed upon to be
raised, each respective town clerk shall make full and proper entries in
the town book by him to be kept and shall, as soon as conveniently may
l>e, deliver a true copy of such entry, certified under his hand to the
supervisor of the said town; and the said supervisor is hereby required
to lay the same before the supervisors of the county at their then next
meeting in order that the said sum may be raised in such town for the
support and maintenance of the poor thereof.
And be it further enacted by the aut/writy aforesaid^ That it shall and W.; AVv
may be lawful to and for the mayor, aldermen and commonalty of the H^aon!.
cities of Albany and Hudson respectively, in common council convened,
yearly and every year to determine and agree upon such sum or sums
of money, as they may respectively think proper for the purpose of
maintaining and supporting the aged and other poor in the said cities
respectively in the ensuing year ; of which respective sums of money so
agreed upon to be raised; the town clerk of each of the said cities
respectively, shall make a full and proper entry in the minutes of the said
common council, and shall, as soon as conveniently may be, deliver a
true copy of such entry, certified under his hand, to a supervisor of such
respective city, who is hereby required to lay the same before the super-
visors of the county, at their then next meeting, in order that the said
sum may be raised in such respective city, for the support and mainte-
nance of the poor thereof.
A fid be it further enacted by the authority aforesaid^ That when and AppUo»-
as often as any poor person belonging to any city or town within this Ji^^f '
State, shall apply for relief to any overseer or overseers of the poor of
such city or town, the said overseer or overseers of the poor shall make
application to a justice of the peace of such city, or of the county in
which such town shall lie, which said justice and overseen or overseers
of the poor shall enquire into the state and circumstances of the person
so applying as aforesaid, and if it shall appear to the said justice and
overseer or overseers of the poor that such person is in such indigent
circumstances as to require relief, then the said justice shall give an
order in writing to the said overseer or overseers of the poor to make
such allowance weekly or otherwise, to every such poor person, as they
in their discretion shall think his or her necessities shall or may require;
and the said overseer or overseers of the poor shall make no other or
further allowance to such poor person than what by the said order shall
be directed; which said order shall be a sufficient voucher for the pay-
ment of so much money by the said overseer or overseers of the poor,
and shall be allowed in adjusting his or their accounts.
740 LAWS OF NEW YORK. [Chap. 62.
Be«tetcr And be it furtJur emuUd by ifu authority aforesaid^ That the overseers
J^^2«L ^ ^he poor of each resi>ective city or town within this State, shall pro-
cure, at the public charge, a book of good paper and well bound,
wherein the names of all poor persons applying for relief and being
ordered to be relieved as aforesaid, shall be registered, with the day and
year when they were first admitted to have relief, the weekly or other
sum or sums of money allowed by the order for their relieif, and the
cause of such necessity, and that no person shall be entered into the
poor books, or receive relief from the overseers of the poor or any of
them, without such order procured as aforesaid; and in case any over-
seer or overseers of the poor shall enter into the poor books and relieve
any such poor person or persons, without such order, he or they'shall
forfeit and lose all such money and goods paid and distributed to such
poor person or persons, nor shall any allowance be made to him or them
for the same, in passing his or their account or accounts; and the said
overseers of the poor are hereby directed and required to enter or cause
to be entered in the said poor books, all monies received, laid out and
disbursed by them respectively for the use of the poor and also all mat-
ters and things which shall be transacted by them relating to their said
office. And the overseers of the poor for the cities of Albany and
Hudson respectively, shall yearly, once in every year, lay such books of
accounts before the common council of the said cities respectively, at
such times as the said respective common councils shall direct. And
the overseers of the poor of every town shall yearly and every year on
the last Tuesday in March, lay their said books of accounts before the
town clerk and supervisor of such town, and such justice or justices of
the peace as may reside in such town, or the major part of them, for
their examination, who shall examine and audit the same, and make
report thereof to the freeholders and inhabitants of their respective
towns at their next annual town meeting, that such further provision,
for the maintenance and support of the poor, may be made as may be
found necessary.
Indenture And be it further enacted by the authority afaresaidy That in all inden-
ottt^hH^ tures and contracts to be made by any overseers of the poor of any oily
dren. or town, by and with the consent of the justices of the peace of the
county, or any two of them, or by and with the consent of the mayor,
recorder and aldermen, or any two of them, in any city, for binding or
putting out any child as an apprentice or servant, ohall, among the cove-
nants in such indentures or contracts to be made and agreed upon
between the parties, always insert a clause to the following effect, " That
every master and mistress to whom such child shall be bound as afore-
said, shall cause such child to be taught and instructed to read and
write." And further that the overseers of the poor for the time being,
of each respective city and town, shall be the guardians of every such
child so put and bound out as aforesaid, to take care that the terms of
the indentures or contract, and the covenants and agreements therein
contained, be performed and fulfilled, and that such child be not ill
used; and the said overseers of the poor are hereby empowered and
directed to enquire into the same, and to redress any grievance or griev-
ances, in such manner as is prescribed by law.
Poor- And for the greater ease of the public in relief of the poor, Be it fur-
houaes. ^^^ enacted by the authority aforesaid, That it shall and may be lawful
for the overseers of the poor of the cities of Albany and Hudson, by
and with the consent of the common council of the same cities respect-
ively, and for the overseers of the poor of any town within this State,
and any two or more justices of" the peace of the county in which such
Chap. 62.] ELEVENTH SESSION. 741
town shall lie, with the consent and approbation of the major part of
the free holders and inhabitants of such town, to be signified at such
annual town meeting as aforesaid, and at the proper charge of such city
or town, to be ascertained, assessed and levied as aforesaid, to build,
purchase or hire, some fit and convenient dwelling house or houses in
such city or town, for the lodging and accommodation of the poor
thereof; and also to purchase necessary materials for setting such poor
persons to work; and there to keep, maintain and employ all and every
such poor person, and to take the benefit of the work, labour and serv-
ices of any such poor person who shall be kept and maintained in any
such house, for the better maintenance and relief of such poor persons,
who shall be there kept and maintained, and thereof to appoint such
person or persons, as keeper or keepers, from time to time, as they shall
think proper ; and in case any poor person, claiming relief of any city
or town within this State, where such house or houses shall be so built,
purchased or hired, shall refuse to be lodged, kept to work and main-
tained, in such house or houses, such poor person or persons so refusing
shall be put out of the book in which the names of the poor are by this
act directed to be registered, and shall not be entitled to ask or receive
any relief from the overseers of the poor of any such city or town. And
further, that where any town may be too small to build, purchase or
hire such house or houses as aforesaid, it shall be lawful for the over-
seers of the poor and justices of the peace, with the consent and appro-
bation of the major part of the freeholders and inhabitants of two or
more towns within any county in this State, to be signified at such
annual town meetings as aforesaid, to join together and unite in build-
ing, purchasing or hiring such house or houses, for the lodging, keeping
and maintaining of the poor of such towns, so joining together, and
uniting; and also to purchase necessary materials for setting such poor
persons to work, and there to keep, maintain and employ all and every
such poor person, and to take the benefit of the work, labour and serv-
ices of any such poor person who shall be kept and maintained in any
such house, for the better maintenance and relief of the poor there to
be kept, maintained and employed; and thereof to appoint such person
or persons, as keeper or keepers, from time to time, as they shall think
proper ; and in case any poor person or persons claiming relief of any
such united towns as aforesaid, shall refuse to be lodged, kept to work,
and maintained in the house or houses so to be built, purchased or hired
for such united towns as aforesaid, such poor person or persons so
refusing shall be put out of the book in which the names of the poor
are by this act directed to be registered as aforesaid, and shall not be
entitled to ask or receive any relief, from the overseers of the poor of
any such town. And furt/ier, that it shall and may be lawful for the
overseers of the poor and justices of any town within this State, with
the consent and approbation of the major part of the freeholders and
inhabitants of such town, where such house or houses shall be built,
purchased or hired for the purposes aforesaid, to be signified at such
annual town meeting as aforesaid, to contract with the overseers of the
poor and justices of any other town, for the lodging, maintaining and
employing of any poor person or persons belonging to such other town,
as to them shall seem meet ; and in case any such poor person or per-
sons belonging to any other town, shall refuse to be lodged, maintained
and employed in such house or houses so contracted for as aforesaid,
such poor person or persons so refusing shall be put out of the book in
which the names of the poor are by this act directed to be registered as
742 LAWS OF NEW YORK. [.Chap. 62.
aforesaid, and shall not be entitled to ask or receive any relief from the
overseers of the poor of any such town.
ADDoal And be it further enacted by the authority aforesaid^ That the overseers
ao^unting q£ ^^ p^^j. q£ ^^j^ respective cit}' and town in this State, shall annually,
seen of the within fifteen days after the termination of their respective offices, exhibit
^^^' to the succeeding overseers of the poor of such city or town, a particular,
full, just, and true account of all the monies by them respectively received
and expended for the use of the poor, and from whom, to whom, and
in what manner, and for what use or uses, together with an account 0/
the earnings of the poor persons by them employed ; which accounts
the said overseers of the poor for the time being, together with the
supervisor or supervisors of such city or town and justices of the peace
residing in such city or town, or the major part of them, shall, as soon
as conveniently may be, examine and audit; and the said overseers of
the poor so going out of office, shall respectively, on auditing such
account, pay all such ballance and sums of money as shall appear to be
in his 'or their hands, or due from him or them, to such city or town, to
their successors in office, to be applied and accounted for by them in
the course of the next year, in the like manner as is herein before pre-
scribed ; and such overseers of the poor so going out of office, shall at
the same time of exhibiting their accounts, deliver up to their successors
in office, all books of account, registers and other papers, relating to the
poor as aforesaid; and if any overseer or overseers of the poor shall
refuse or neglect to exhibit such account or accounts as aforesaid, and
to pay to his or their successors in office, such monies as shall remain
in his or their hands as aforesaid, or to deliver up all such books of
accounts, registers and other papers relating to the poor as aforesaid,
every such overseer of the poor so neglecting or refusing, shall for every
such neglect or refusal, forfeit and pay the sum of one hundred pounds,
over and above the said ballance remaining in his or their hands, to be
recovered with costs of suit, in any court of record within this State, by
the overseers of the poor of such city or town for the time being, and
when recovered to be applied to the use of the poor of such city or
town; and if upon auditing such account, there shall appear to be a
ballance due to such overseers of the poor so going out of offece as afore-
said, or to either of them, the same shall be paid to him or them by
their successors in office, out of the first monies which shall come into
their hands as overseers of the poor of such city or town.
ActioDs And be it further enacted by the autJwrity aforesaid^ That it shall and
fSmer ^^Y t>e lawful for the overseers of the poor for the time being, of each
overseers respective city and town, to recover against their predecessors in office,
ery of poor and each of them, their executors or administrators, all such sums of
moneys, money, as shall appear, upon such audit as aforesaid, to be due from
them respectively, to such respective city or town, in an action for mon-
ies had and re-received to the use of such city or town, with costs of
suit, in any court having cognizance thereof; 'or to have and maintain
an action or actions of account against any former overseer or overseers
of the poor, of such city Cr town, his or their executors, or administra-
tors ; and no such action shall be abated or discontinued by the death
or expiration of the office of any such plaintiff or plaintiffs, but shall
and may be continued and prosecuted to effect, by the survivor or sur-
vivors of them, and their successors in office ; and such suit shall alwap
be brought and prosecuted by and in the name of the overseers of the
poor of such city or town, for the time being.
Toreigners, And be it further enacted by the authority aforesaid^ That every master
reporting ^^ ^^^ gj^-p ^^ other vessel, who shall enter his ship or other vessel in
Chap. 62J ELEVENTH SESSION. 743
the custom house of this State in the city of New York, shall, within of in New
twenty four hours after his arrival, make a report in writing, on oath, to ^^^^ ^^^^'
the mayor of the said city, or in case of his sickness or absence to the
recorder ot the said city for the time being, of the names and occupa-
tions of every person who shall be brought into port, in his said ship or
othei vessel ; and in case of neglect the master of such ship or other
vessel, shall forfeit the sum of twenty pounds for every person so neg-
lected to be reported. And further^ that if any person sq neglected to
be reported to the mayor or recorder of the said city as aforesaid shall
be a foreigner, the master of such ship or other vessel, so neglecting to
make report as aforesaid, shall forfeit the sum of thirty pounds, for every
foreigner so neglected to be reported. And further^ that if any house-
holder shall entertain in his or her house or family any such foreigner,
and not report the same to the mayor, or in case of his absence or sick-
ness, to the recorder of the said city for the time being, within twenty
four hours after he or she shall receive such foreigner into his or her
house or family, he or she shall forfeit the sum of five pounds ; which
said respective forfeitures, shall and may be recoveted by action of debt,
with costs of suit, in any court within this State, having cognizance
thereof, by any person or persons who shall sue and prosecute for the
same to effect; the one half of which forfeitures, when recovered, to be
paid to the treasurer or chamberlain of the said city, for the use of the
poor thereof, and the other half to the person or persons who shall sue
and prosecute for the same to effect as aforesaid.
And be it further enacted by the authority aforesaid, That if any master Ship mas-
ot any ship or other vessel shall bring or land within this State, any per- transport
son who cannot give a good account of himself or herself, to the mayor P®"**?®
or recorder of the said city, for the time being as aforesaid, or who is port of
like to be a charge to the said city, such master shall within one month, ^ho be?'^*'
carry or send the person so imported by him, back again to the place come a
from whence he or she came, and shall for that purpose, enter into bond char^.
to the mayor, aldermen and commonalty of the city of New York, with
one or more surety or sureties, to be approved of by such mayor or
recorder, in the sum of one hundred pounds, conditioned for the pur-
poseb aforesaid, or shall enter into bond to the said mayor, aldermen
and commonalty of the said city, with one or more sufficient surety or
sureties, to be approved by such mayor or recorder as aforesaid, in the
sum of one hundred pounds, conditioned that the person so imported
shall not be or become a charge to the said city as aforesaid or any
other city or town in this State ; and in case such piaster of any ship
01 othei vessel, shall refuse to become bound as aforesaid, it shall and
may be lawful for such mayor or recorder, by warrant under his hand
and seal, directed to any constable of the said city, to cause such person
so letusing, to be committed to the common gaol of the said city, there
(G remam until he shall consent to become bound as aforesaid; and such
bona shall not be avoided by plea of duress.
And be it further enacted by the authority aforesaid. That it shall and Commis-
may be lawful for the mayor, aldermen and commonalty of the city of the°|i",2.
New \ork, in common council convened, to nominate and ^PPoi"^ ilrjj^*"i*
u nder the common seal of the said city, twelve or more of the free- New Yort
holdprj and inhabitants of the said city to be overseers of the poor ^^^-y-
thereof, by the name and stile of "The commissioners of the alms-
house and bridewell of the city of New York; " which said persons being
so appointed or the major part of them, shall have the same power and
authority of overseeing and providing for the poor of the said city, and
they, or any two of them, shall have the same power and authority for
744
LAWS OF NEW YORK.
(Chap. 63.
Applica^
tion of
poor
moneys.
Removal
of commis-
ftioner for
mal con-
duct.
Poor main-
tat ned by
county.
Colonial
poor laws
repealed.
putting or binding out apprentices and servants in the said city, and be
subject to the same duties and penalties, which the overseers of the
poor in the respective towns in this State, have, or 'are subject to, by
this act.
Provided always and he it further enacted by the authority aforesaid,
That all monies to be raised and collected in the said city for the main-
tenance and support of the poor, and all fines and forfeitures to be
incurrd in the said city by virtue of this act, and which by this act are
made payabfe to the overseers of the poor, for the use of the poor of
any city or town, shall be paid into the hands of the treasurer or cham-
berlain of the said city for the time being, and shall be applied and dis-
posed of, in such proportions and from time to time, as the mayor,
aldermen, and commonalty of the same city, in common council con-
vened, by warrant under the hand of the mayor or recorder of the said
city, presiding in such common council, shall direct and appoint; any
thing in this act contained to the contrary notwithstanding.
And be it further enacted by the authority aforesaid^ That it shall and
may be lawful for the common council of the said city, to remove from
office any person or persons so by them to be appointed as aforesaid,
for any neglect of duty or mal-conduct in office; and also in manner
aforesaid, from time to time, to fill all vacancies which shall be occasioned
by such removal, or by death or resignation ; and also from time to time,
to make and ordain such ordinances and regulations as they shall think
necessary, for the better government of the alms house and bridewell of
the said city, and the keepers, officers and servants thereof.
And be it further enacted by the authority aforesaid^ That in all cases
where any of the present poor in any county of this State are maintained
by the whole county, of by more than one town, such poor persons shall
continue to be so maintained; anything in this act contained to the con-
trary notwithstanding.
And be it further enacted by the authority aforesaid, That all former
acts and laws of the late colony of New York, and of this State, relating
to the settlement and relief of the poor, and every matter, article and
thing therein contained, be, and the same hereby are severally repealed.
Proinded always^ that if any person hath by virtue of ai)y act or acts of
the late colony of New York, or of this State, gained a settlement in any
city or town in this State, such settlement shall not be altered by any
thing in this act before contained. Provided also^ that all and every
sum and sums of money heretofore directed to be raised for the support
of the poor in any city or town, shall be raised and collected in the same
manner as if this act had not been made.
CHAP. 63.
AN ACT for dividing this State into counties.
Passed the 7th of March, 1788.
Counties. Be it enacted by the People of t/ie State of New York, represented in
Senate and Assembly, and it is hereby enacted by the authority of the same,
That the State of New York shall be and hereby is divided into sixteen
counties, to be called by the names of. New York, Albany, Suffolk,
Queens, Kings, Richmond, West Chester, Orange, Ulster, Dutchess,
Columbia, Washington, Clinton, Montgomery, Cumberland, and Glou-
cester,
Chap. 63,] ELEVENTH SESSION. 745
And be it further enacted by the authority aforesaid^ That the bounds
and limits of the said several counties shall be as follows ;
The county of New York to contain the islands called Manhattans New York,
island, Great Barn island, Little Barn island, Mannings island, Nutten
island, Bedlows island, Bucking island, and the Oyster islands, and all
the land under the water within the following bounds; beginning at
Spyten Duyvel creek where the same empties itself into Hudson's river,
on the West Chester side thereof, at low water mark wherever the same
now is or hereafter may be, and so running along the said creek at low
water mark as aforesaid, on the West Chester side thereof, unto the East
river or Sound, and from thence to cross over to Nassau island, to low
water mark there as aforesaid, including Great Barn island, Little Bam
island, and Mannings island, and from thence along Nassau island shore,
at low water mark as aforesaid, unto the south side of the Red Hook,
and from thence across the North river, so as to include Nutten island,
Bedlows island, Bucking island and the Oyster islands, to low water
mark on the West side of Hudson's river, or so far as the bounds of this
State extend there, and so up along the west side of Hudson's river, at
low water mark, or along the limits of this State, until it comes directly
opposite the first mentioned creek, and thence to the place where the
said boundaries first began.
The county of Albany to contain all that part of this State beginning Albany,
at the most northerly end or part of Wanton island in Hudsons river,
and running from thence to the head of Kaaters creek or kill, where the
same issues out of the southerly side or end of a certain lake or pond
lying in the Blue mountains; from thence to a small lake called Utsay-
antho, and thence north twenty five degrees east until it inlersects a
west line drawn from the northwest corner of old Schoharie patent,
thence east to the northeast corner of the said Schoharie patent, thence
to the northwest corner of the township of Duanesburgh, thence, along
the north bounds thereof to the northeast corner of the same, thence on
the same course with the said north bounds of Duanesburgh to the
Mohawk river, thence north until it intersects a west line drawn from
Fort George near Lake George, thence east to the east side of the most
easterly branch of Hudsons river, thence down along the middle of the
said branch of Hudsons river to Batten creek, thence up along the mid-
dle of the said creek until it intersects the south bounds of a patent
called Princetown^ thence along the same to the southeast comer thereof,
thence east to the west bounds of the county of Cumberland, then south-
erly along the same to the north bounds of Massachusetts, thence along
the same westerly and southerly to the north bounds of the bounty of <'
Columbia, which is an east line from the southermost part of Bearen
island in Hudsons river, and thence along the bounds of the county of
Columbia, west to Hudsons river, and thence continuing the same course
to the middle of the river, and thence down the middle of the river until
it comes due east from the north end of Wanton island aforesaid, and
thence to the place of beginning including Bearen island aforesaid.
The county of Suffolk to contain all that part of this State bounded Suffolk,
easterly and southerly by the Atlantic ocean, northerly by the Sound,
and westerly by Lloyds Neck or Queens Village, Coldspring harbour
and the east bounds of the township of Oysterbay, and the same line
continued due south to the Atlantic ocean, including the Isle of Wight
now called Gardiner's island, Fisher's island, Shelter island. Plumb
island, Robins island, and the Gull islands.
The county of Queens to contain all that part of this State, bounded Queens,
easterly by Suffolk county, southerly by the Atlantic ocean, northerly
Vol. 2. — 94
746
LAWS OF NEW YORK.
[Chap. 63.
Kings.
West-
ohester.
by the Sound, and westerly by the west bounds of the township of New-
town and Jamaica, including Lloyds Neck or Queens Village and the
islands called the Two Brothers and Hallets island, and all islands in
the Sound opposite to the said bounds and southward of the main
channel.
The county of Kings to contain all that part of this Stale, bounded
easterly by Queens county, northerly by the county of New York, west-
erly partly by Hudsons river and partly by the ocean, and southerly by
the Atlantic ocean including Coney island.
Richmond. The county of Richmond to contain all Staten island, Shooters island,
and the islands of meadow on the west side thereof.
The county of West Chester to contain all that part of this State,
bounded southerly by the Sound, easterly by the State of Connecticut,
northerly by the north bounds of the manor of Courtland, and the same
line continued east to the bounds of Connecticut, and west to the mid-
dle of Hudson's river, and westerly by a line running from thence down
the middle of Hudson's river until it comes opposite to the bounds of
the State of New Jersey then west to the same, then southerly along the
east bounds of the State of New Jersey, to the line of the county of New
York, and then along the same easterly and southerly to the sound, or
east river, including Captain's Island, and all the islands in the sound
to the east of Frog's Neck and to the northward of the main channel.
The county of Orange to contain all that part of this State bounded ,
southerly by the State of New Jersey, westerly by the State of Pensyl-
vania, easterly by the middle of Hudsons river, and northerly by an
east and west line from the mouth of Murderer's Creek.
The county of Ulster to contain all that part of this State, bounded
easterly by the middle of Hudson's river, southerly by the county of
Orange, westerly by the State of Pennsylvania, and the west branch of
Delaware river, and northerly by the county of Albany.
The county of Dutchess to contain all that part of this State bounded
easterly by the State of Connecticut, southerly by the county of West-
chester, westerly partly by the county of Orange and partly by che
county of Ulster, and northerly by the manor of Livingston, including
the whole of the oblong to the northward of the county of Westchester.
The county of Columbia to contain all that part of this State bounded
southerly by the county of Dutchess, westerly by the counties of Ulster
and Albany, northerly by the county of Albany and easterly by the
county of Dutchess and the State of Massachusetts.
The county of Cumberland to contain all that part of this State begin-
ning on Connecticut river at the north bounds of the State of Massa-
chusetts, and extending westward along the same until such line shall
meet with and be intersected by a line proceeding on a course south ten
degrees west from the north west corner of a tract of land granted
under the great seal of the late Colony of New York, on the fourth day
of September one thousand seven hundred and seventy, to James Abeel
and nine other persons and extending from the said point of intersec-
tion, north ten degrees east, until such line shall meet with and be
intersected by another line to be drawn on a course north sixty degrees
west from the south west corner of a tract of land granted under the
great seal of the Colony of New York on the thirteenth day of Novem-
ber in the year of our Lord one thousand seven hundred and sixty
nine, and erected into a township by the name of Royalton and running
from the last mentioned point of intersection, south sixty degrees east
to Connecticut river and so down along the same river to the place of
beginning.
OraoRe.
Ulster.
Datofaess
Columbia. '
Cumber-
land.
Chap. 63.] ELEVENTH SESSION. 747
The county of Gloucester to contain ail that part of this State bounded Gloucester
southerly by the north bounds of the county of Cumberland, easterly
by the east bounds of this State, northerly by the north bonds of this
State and westerly by a line to be drawn from the northwest corner of
the said county of Cumberland on a course north ten degrees east,
until such line shall metet with and be intersected by another line pro-
ceeding on an east course from the south bank of the mouth of Otter
creek, and from the said last mentioned point of intersection running
north fifty degrees east to the north bounds of this State.
The county of Washington to contain all that part of this State Waahing-
bounded southerly by the county of Albany, easterly by the counties of '**'^*
Cumberland and Gloucester, northerly by a line beginning at the most
northerly point of the rock commonly called Rogers's Rock, situate on
the west side of Lake George, and thence due west to the county of
Montgomery, and running also from the said rock due east to the west
bounds of the county of Gloucester; and westerly by the counties of
Albany and Montgomery.
The said county of Clinton to contain all that part of this State Clintoxu
bounded northerly by the north bounds of this State, easterly by the
county of Gloucester, southerly by the county of Washington, and wes-
terly by the easterly line of the county of Montgomery, which is the line
of the county of Albany that runs north from the Mohawk river, con-
tinued to the north bounds of this State.
And the county of Montgomery to contain all that part of this State Montf^om.
bounded easterly by the counties of Ulster, Albany, Washington and ^^'
Clinton, southerly by the State of Pensylvania, and westerly and north-
erly by the west and north bounds of this State.
Provided aiways. That the lines of boundaries so assigned as afore-
said for the limits of ' any of the said counties shall not nor shall any
or either of them be deemed to take away, abridge, destroy or affect
the right or title of any person or persons, bodies politic or corporate,
in any manner or by any means whatsoever.
And be it furi/ier enacted by the authority aforesaid^ That until the Elections,
first census be taken pursuant to the constitution of this State it shall flinty!
and may be lawful for the freeholders and inhabitants of the said
county of Clinton to vote in all elections for governor, lieutenant gover-
nor, and members for senate and assembly, in like manner as they might
have done if this act had not passed: — And that the supervisors of the Washing*
said county of Clinton shall yearly meet with the supervisors of the said ciPnton
county of Washington on the last Tuesday of May in every year, until counties,
the said census shall be taken as aforesaid at Salem where the court is
then holden in the county of Washington, and shall in conjunction with
the supervisors of the said county of Washington proceed to open the
inclosures delivered to the clerks of the said counties, and canvass and
estimate the votes therein contained, and shall in all things conform to
the directions of the act entitled "An act for regulating elections"
passed the 13th of February 1787; — And in case the said supervisors
of the said counties of Washington and Clinton, or a majority of them,
shall not meet as aforesaid on the last Tuesday of May in any year,
then the clerks^of the said counties respectively shall give notice thereof
to, and the judges and assistant justices of the courts of common pleas
for the said counties shall meet together at Salem in the said county of
Washington, and act in all respects as the clerks and judges and assist-
ant justices of the courts of common pleas of the several counties in
this State are respectively directed to do in and by the said act
748
LAWS OF NEW YORK.
[Chap. 64.
Clinton
county
courts.
And be it further enacted by the authority aforesaid^ That the^e shall
be held in and for the county of Clinton, a court of common pleas and
a court of general sessions of the peace, at the town of Plattsburgh; and
that there be in the said county of Clinton two terms in every year, to
commence and end on the days following, to wit, the first term to com-
mence on the fourth Tuesday of October, and to end on the Saturday
following; the second term to commence on the third Tuesday in April,
and to end on the Saturday following
Provided^ that in any of the terms aforesaid the court may adjourn
previous the day assigned, if the business of the court will admit; and
that the first court of common pleas and general sessions of the peace
in the said couhty shall be held on the fourth Tuesday of October next
ensuing.
CHAP. 64.
Towns,
Suffolk
county:
Southold.
East
Hampton.
South-
hampton.
Shelter
Island.
Hunting-
ton.
Islip.
Smithtown
Brook-
hareo.
AN ACT for dividing the counties of this State into towns.
Passed the 7th of March, 1788.
Be it enacted by the People of the State of New York represented in
Senate and Assembly y and it is hereby enacted by the authority of the same.
That all that part of the county of Suffolk now called and known by
the name of Southhold, including Fisher's Island, Plumb Island, Robin's
Island the Gull Islands and all that part of the manor of St. George on
the north side of Peaconock, extending westward to the east line of
Brookhaven shall be and herelDy is erected into a town by the name of
Southold.
And that all that part of the said county of Suffolk now called East
Hampton, including Montaack and the Isle of Wight, now called Gard-
ners Island, shall be and hereby is erected into a town by the name of
East-Hampton.
And that all that part of the said county of Suffolk, now called and
known by the name of Southhampton, including Bridge Hampton, here-
tofore called Saggaboneck and Mecoxe shall be and hereby is erected
into a town by the name of Southampton.
And that all that island called Shelter Island in the county of Suflfolk
shall be and hereby is erected into a town by the name of Shelter
Island.
And that all that part of the said county of Suffolk called Hunting-
ton, including Eaton's Neck and Crab Meadow, shall be and hereby is
erected into a town by the name of Huntington.
And that all that part of the said county of Suffolk, bounded south-
erly by the Atlantic ocean, westerly by Huntington, northerly by Smith
Town and Winecomic and easterly by the east bounds of the lands
formerly belonging to William Nicoll near Blue-Point, shall be and
hereby is erected into a town by the name of Islip.
And that all that part of the said county of Suffolk, bounded south-
erly by Islip, westerly by Huntington, norUierly by the sound and east-
erly by the patent of Brook-Haven, including Winne Commick, shall be
and hereby is erected into a town by the name of Smith-Town.
And that all that part of the said county of Suffolk bounded westerly
by Smith Town and Islip, northerly by the sound, easterly by South-
Hold and South Hampton, and southerly by the Atlantic ocean, shall
be and hereby is erected into a town by the name of Brookhaven.
Chap. 64.J ELEVENTH SESSION. 749
And that all that part of Queens county, now called and known by Queens
the name of Oysterbay, including Lloyds neck or Queens Village and oJSfeVtiay.
Hog Island, and extending on the south to the Atlantic ocean shall be
and continue .a town by the name of Oysterbay.
And that all that part of Queens county, bounded easterly by Oyster- South
bay, southerly by the Atlantic ocean aforesaid, westerly by Jamaica, and SliS^
northerly by the country road, leading from Jamaica nearly through the
middle of the great plains, commonly called Hempstead plains to the
east part thereof, including the lands called the Gore between the patent
of Hempstead and the patent of Oysterbay, shall be and continue a town
by the name of South Hempstead.
And that all that part of Queens county aforesaid, bounded easterly North
by Oysterbay, southerly by South Hempstead, westerly by Flushing and ^^^
northerly by the sound, shall be and continue a town by the name of
North Hempstead.
And that all that part of Queens county aforesaid now called and Flushing,
known by the name of Flushing, shall be and continue a town by the
name of Flushing.
And that all that part of Queens county aforesaid, now called and Jamaica,
known by the name of Jamaica, shall be and continue a town by the
name of Jamaica.
And that all that part of Queens county aforesaid, now called and Newtown,
known by the name of New-Town, including all the islands in the sound
opposite to the same and comprehended in Queens county, shall be and
continue a town by the name of New-Town.
And that all that part of Kings county, now called and known by the'Kinjrs
name of Brooklyn, shall be and continue a town by the name of Brook- Brooklyn,
lyn.
And that all that part of Kings county aforesaid, now called and bushwick.
known by the name of Bushwick, shall be and continue a town by the
name of Bushwick.
And that all that part of Kings county aforesaid, now called and Platiands.
known by the name of Flatlands or Amesford, shall be and continue a
town by the name of Flatlands.
And that all that part of Kings county aforesaid, now called and Fiatbush.
known by the name of Fiatbush, including the tract of land called New
Lots, shall be and continue a town by the name of Fiatbush.
And that all that part of Kings county aforesaid, now called and GravesencL
known by the name of Gravesend, including Coney Island, and all the
islands south of the said town, shall be and continue a town by the name
of Gravesend.
And that all that part of Kings county aforesaid, now called and New
known by the name of New-Utrecht, shall be and continue a town by ^*>^***
the name of New-Utrecht.
And that all that part of the county of Richmond, bounded northerly Riohmond
by Kill Van Cull, easterly by Hudsons river, southerly by the road lead- cSstieton.
ing from Van Duersons ferry, southward of the watering place, to Rich-
mond town and westerly by a line beginning at Che mouth of Dongan's
mill creek, and running from thence along the line of the manor of
Castle town, to the road at the rear of the patent of Corsen and com-
pany, thence along the northerly side of the said road, westerly to the
road leading to Haughwout's mill, and then southerly along the westerly
side of the last mentioned road as it runs along by Richard Conner's, to
the tavern called the Rose and Crown on the said road leading to Rich-
mond town, shall be and hereby is erected mto a town by the name of
Castletown.
750
LAWS OF NEW YORK.
[Chap. 64.
Soutbfleld.
Westfleld.
Korthfleld.
West-
obester
county;
WeBt-
ohester.
Moiriss-
aula.
Yonkera.
Green-
burgh.
Mount
Pleasant.
Bast-
cbester.
Pelham.
And that all that part of the said county of Richmond, bounded north-
erly by the north side of said road leading from Van Duerson's ferry to
Richmond town, and the Fresh kill, easterly by Hudson's river, southerly
by the bay, and westerly by a line beginning on the Fresh kill at the
northwest comer of the land and meadow late of James Egberts, and
running from thence southerly along the same to Egbert lane, and then
along the same lane to the road called the New road, and then along
the same new road westerly to the land of Henry Ferine, and then south-
erly along his easterly bounds to the bay, shall be and hereby is erected
into a town by the name of Southfield.
And that all that part of the said county of Richmond, bounded north-
erly by the Fresh kill, easterly by Southfield, southerly by the bay, and
westerly by the sound, shall be and hereby is erected into a town by the
name of Westfield.
And that all the residue of the said county of Richmond, shall be and
hereby is erected into a town by the name of Northfield.
And that all that part of the county of Westchester, bounded easterly
by the sound, and the land granted to Thomas Pell, called the manor of
Pelham, southerly by the sound, westerly by the county of New- York,
and northerly by the north bounds of the manor of Fordham, and the
north bounds of the land called the borough town of Westchester,
including the islands in the sound lying south thereof, and in the county
of Westchester, e.xcepting thereout that tract of land commonly called
Morrissania, shall be and hereby is erected into a town, by the name of
Westchester.
And that all that tract or the said county of West Chester, commonly
called and known by the name of Morrissania, shall be and hereby is
erected into a town, by the name of Morrissania.
And that all that part of the county of Westchester, bounded easterly
by Bronx river, southerly by the town of Westchester, westerly by the
county of New- York and Hudsons river, and northerly by the north
bounds of a tract of land called the Yonkers, shall be and hereby is
erected into a town by the name of Yonkers.
And that all that part of the said county of Westchester, bounded
easterly by Bronx river, southerly by Yonkers, westerly by Hudsons
river, and northerly by a line beginning on the east side of Hudsons
river, at the south west comer of the land lately conveyed by the com-
missioners of forfeitures for the southem district to Gerard G. Beck-
man, Junr. and running from thence along the southerly and easterly
bounds thereof to the farm of William David, and then along the south-
erly and easterly bounds of the saFd farm of the said William David to
the road leading to the White-Plains, and then easterly along the same
road to Bronx River, shall be and hereby is erected into a town, by the
name of Greenburgh.
And that all that part of the said county of Westchester, bounded
southerly by Greenburgh, westerly by Hudsons river, and northerly and
easterly by the north and east bounds of the manor of Philipsburgh,
shall be and hereby is erected into a town, by the name of Mount
Pleasant.
And that all that part of the said county of Westchester, bounded
southerly by the town of Westchester, westerly by Bronx river, northerly
by the manor of Scarsdale, and easterly by a brook that runs southerly
into Eastchester creek, shall be, and hereby is erected into a town, by
the name of Eastchester.
And that all that part of the said county of Westchester, called and
known by the name of Manor of Pelham, bounded southerly and east-
Chap. 64.] ELEVENTH SESSION. 751
«rly by the Sound, northerly by the north bounds of the Manor of Pel-
ham, including the island called the New City island, Hart island, and
Appleby's island, and westerly by the town of Eastchester, shall be and
hereby is erected into a town, oy the name of Pelham.
And that all that part of the said county of Westchester, called and New
known by the name of New Rochelle, bounded southerly by the town of ^^****®^®-
Pelham, easterly by the Sound, northerly by Mamaroneck and the Manor
of Scarsdale, and westerly by the Manor of Scarsdale and Eastchester,
including the island called Rodmans island, shall be and hereby is
erected into a town, by the name of New Rochelle.
And that all that part of the said county of Westchester, bounded Scarsdale.
westerly by Bronx river, southerly by the town of Eastchester and New
Rochelle, easterly by the east bounds of the tract of land called the
Manor of Scarsdale, and northerly by the north bounds of the said
Manor of Scarsdale, shall be and hereby is erected into a town, by the
name of Scarsdale.
And that all that part of the said county of Westchester, bounded Mamaro-
southerly by New Rochelle, easterly by the Sound, northerly by Mamaro- "®*^^*
neck river, and westerly by the town of Scarsdale, shall be and hereby
is erected into a town, by the name of Mamaroneck.
And that all that part of the said county of Westchester, bounded white
easterly by Mamaroneck river, northerly by North Castle, westerly by ^'*'^-
Bronx river, and southerly by the town of Scarsdale, shall be and hereby
is erected into a town, by the name of White Plains.
And that all that part of the said county of Westchester called and Harrison,
known by the name of Harrisons Purchase, shall be and hereby is erected
into a town, by the name of Harrison.
And that all that part of the said county of Westchester, bounded Rye.
sutherly by the Sound, easterly by Connecticut, and westerly by the
town of Harrison and Mamaroneck river, including Captain's island, and
all the islands in the Sound lying south of the said bounds, shall be and
hereby is erected into a town by the name of Rye.
And that all that part of the said county of Westchester, bounded North
southerly by Mount Pleasant, the White Plains, the town of Harrison ^^■^®*
and Connecticut, easterly by Connecticut Pound Ridge and Bedford,
northerly by the Manor of Cortlandt and Bedford, and westerly by Bronx
river and Mount Pleasant, shall be and hereby is erected into a town by
the name of North Castle.
And that all that part of the said county of Westchester, formerly Bedford,
called and known by the name of the town of Bedford, shall be and
hereby is erected into a town by the name of Bedford.
And that all that part of the said county of Westchester, bounded Pound-
southerly by the State of Connecticut, easterly and northerly by Salem, ^^'^'
and westerly by Bedford and Mahanus river, shall be and hereby is
erected into a town, by the name of Pound Ridge.
And that all that part of the said county of Westchester, bounded Salem,
northerly by a line beginning at a monument, in a line between this
State and Connecticut, east of the north Long pond, and running west-
erly by the north side of the said pond, and the south bounds of the
land of Ezekiel Hawley, until it comes to the road leading over the
mountain, and then crossing the same road and running northerly along
the west side of the same road to the land of the said Ezekiel Hawley,
and then westerly along the same to the west line of the oblong, then
northerly along the said oblong line until it comes to the south line of
the north lot number ten of the Manor of Cortlandt, and then westerly
along the south bounds of the said north lot number ten, and the south
752
LAWS OF NEW YORK.
[Chap. 64.
North
Cortlandt.
Yorktown.
Stephen-
town.
Dutchess
county;
Philips-
town.
Fredericks-
town.
South East
FIshliill.
Beekman.
bounds of the north lots number nine and eight, to Croton river, and
then down the said river to Bedford, easterly and southerly by Connec-
ticut, Pound Ridge, and Bedford, and westerly by Pound Ridge, Bed-
ford and Croton river, shall be and hereby is erected into a town, by
the name of Salem.
And that all that part of the said county of Westchester, bounded
southerly by Salem, easterly by Connecticut, northerly by Dutchess
county, and westerly by the middle of Croton river shall be and hereby
is erected into a town, by the name of North Salem.
And that all that part of the said county of Westchester, bounded
westerly by Hudson's river, northerly by the county of Dutchess, east-
erly by north lot number two and south lot number two of the manor
of Cortlandt, and the same line continued to the south bounds of the
manor of Cortlandt, and southerly by the south bounds of the manor of
Cortlandt, shall be and hereby is erected into a town by the name of
Cortlandt.
And that all that part of the said county of Westchester, bounded
westerly by the town of Cortlandt, northerly by the county of Dutchess,
easterly by north lot number five and south lot number five of the said
manor of Cortlandt, and the same line continued to the south bounds of
the said manor of Cortlandt, and southerly by the south bounds of the
said manor of Cortlandt, shall be and hereby is erected into a town, by
the name of York Town.
And that all that part of the said county of Westchester, bounded
westerly by York Town, northerly by the county of Dutchess, easterly
by North Salem, Croton river and Bedford, and southerly by the south
bounds of the manor of Cortlandt, shall be and hereby is erected into a
town, by the name of Stephentown.
And that all that part of the county of Dutchess, bounded southerly
by the county of Westchester, westerly by Hudson's river, northerly by
the north bounds of the lands granted to Adolph Philipse Esquire, and
easterly by the east bounds of the long lot number four, formerly belong-
ing to Beverly Robinson, shall be and hereby is erected into a town by
the name of Philips Town.
And that all that part of the said county of Dutchess, bounded south-
erly by the county of Westchester, westerly by Philips Town, northerly
by the north bounds of the lands granted to Adolph Philipse, Esquire,
and easterly by the east bounds of the same patent, shall be and hereby
is erected into a town, by the name of P'redericks Town.
And that all that part of the said county of Dutchess, bounded south-
erly by the county of Westchester, westerly by Fredericks Town, north-
erly by the northern line of Fredericks Town continued to Connecticut,
and easterly by Connecticut, shall be and hereby is erected into a town
by the name of South-East Town.
And that all that part of the said county of Dutchess, bounded south-
erly by Philips Town and Fredericks Town, westerly by Hudsons river,
northerly by Wappingers kill or creek, and easterly by the east bounds
of Rombouts patent, shall be and hereby is erected into a town, by the
name of Fishkill.
And that all that part of the said county of Dutchess, bounded south-
erly by Fredericks Town, westerly by Fishkill, northerly by the north
bounds of the lands granted to Colonel Henry Beekman, and easterly by
a line beginning at the house now or late of Daries Talman, near the
Nine Partners line, and running from thence to che house of William
Clark, and from thence to the house of Nathaniel Lee, and from thence
to the house of Caleb Lamb, and from thence south sixteen degrees west
Chap. 64.] ELEVENTH SESSION. 753
to Frederick's Town, shall be and hereby is erected into a town by the
name of Beekman.
And that all that part of the said county of Dutchess, bounded south- Pawling,
erly by South East Town and Fredericks Town, westerly by Beekman,
northerly by the north bounds of the patent granted to Colonel Henry
Beekman contmued to Connecticut, and easterly by Connecticut, shall
be and hereby is erected into a town by the name of Pawling.
And that all that part of the said county of Dutchess, bounded east- Pough- [
erly and southerly by Wappingers kill or creek, westerly by Hudsons '^^^p**^- '
river, and northerly by the tract of land called the Great or Lower Nine-
partners, shall be and hereby is erected into a town, by the name of
Poughkeepsie.
And that all that part of the said county of Dutchess, bounded south- ciinton.
erly by Poughkeepsie, and Beekman, westerly by Hudsons river, north-
erly and easterly by a line beginning at the east bank of Hudsons river,
at the northwest comer of the tract of land called Pawling's patent, and
running along the north line of the same patent to Crom Elbow kill,
otherwise called Fish creek, thence up along the said creek to the line
of the tract of land called the Little or Upper Ninepartners, thence
easterly along the said line to the north east corner of lot number one,
so known and distinguished in the first division of the said tract of land,
called the Great or Lower Ninepartners, and then southerly, in the line
of that tier of lots to the north bounds of Beekman aforesaid, shall be
and hereby is erected into a town by the name of Clinton.
And that all that part of the said county of Dutchess, bounded south- Bhinebeok
erly by Clinton, westerly by Hudsons river, northerly by the county of
Columbia, and easterly by the Little or Upper Ninepartners^ shall be
and hereby is erected into a town, by the name ot Rhynbeck.
And that all that part of the said county of Dutchess, bounded south- Washing-
erly by the town of Beekman, westerly by Poughkeepsie and Clinton, *°"-
northerly by the north bounds of a tract of land called the Lower or
Great Ninepartners, and easterly by the eastermost tier of lots laid out
in the general division heretofore made of the said tract of land called
the Lower or Great Ninepartners, shall be and hereby is erected into a
town, by the name of Washington.
And that ajl that part of the said county of Dutchess, bounded south- AmenU.
erly by the town ot Pawling, westerly by the town of Washington, north-
erly by the north bounds of the said Lower or Great Ninepartners, and
an east line from the northeast corner thereof to Connecticut, and east-
erly by Connecticut, shall be and hereby is erected into a town by the
name of Amenia.
, And that all that part of the said county of Dutchess, bounded west- Northeast.
erly by Rhynbeck, northerly by the county of Columbia, easterly by
Connecticut, and southerly by the towns of Washington and Amenia,
shall be and hereby is erected into a town by the name of Northeast
town.
And that all that part of the county of Orange, bounded easterly by Orange
Hudsons river, southerly by New Jersey, and westerly and northerlv by oraSgei
a line beginning on Hudsons river at the northeast corner of the tarm town,
late belonging to Harman Talman, deceased, and running from thence
westerly along the said farm to the tract of land formerly granted to
Teunis D. Talman, and then southerly and westerly along the bounds
of the same tract to Demarests kill, or Hackinsack ri^^er, and then down
the stream thereof to the northeast comer of a tract of one thousand
acres of land formerly sold for defraying the expences of dividmg the
patent of Kakiate, and then westerly along the same, to the northwest
Vol. 2.-95
754
LAWS OF NEW YORK.
[Chap. 64.
Haver-
Btraw.
New Com-
walL
Goehen.
"Warwick.
Mlulsink.
Ulster
count
New
sur.
comer thereof, and then northerly, westerly and southerly, along the
land of Johannes Jos: Blauvelt to the northeast corner o( the land of
John M. Hogenkamp, and then westerly and southerly along the same
to the northeast corner of the land of John P. Mabie, and then westerly
along his land to New Jersey, shall be and hereby is erected into a town
by the name of Orange Town.
And that all that part of the said county of Orange, bounded easterly
by Orange Town and Hudsons river, southerly by Orange Town and
New Jersey, and northerly by a line beginning at the mouth of Poplo-
pens kill on Hudsons river, and running from thence on a direct course
to the southeastermost corner of the farm of Stephen Sloot, and then
along the south bounds of his farm to the southwest corner thereof, and
then on the same course to New Jersey, shall be and hereby is erected
into a town, by the name of Haverstraw.
And that all that part of Orange county aforesaid, bounded northerly
by Ulster county, easterly by Hudsons river and Haverstraw, southerly
by New Jersey, and westerly by a line beginning at the border or verge
of Ulster county near the new dwelling house which belonged to John
Manno, in the year of our Lord one thousand seven hundred and sixty
four, and running from thence on a course which will leave the house
then and now belonging to Barnabas Horton, Junior, ten chains to the
westward of the said course, and so to continue the same course to New
Jersey, shall be and hereby is erected into a town, by the name of New
Cornwall.
And that all that part of the county of Orange aforesaid, bounded
easterly by New Cornwall, north by Ulster county, westerly by the
Wallkill, and southerly by the creek commonly called Quakers creek,
from where it falls into the Wallkill on the southwesterly side of the
great island in the drowned lands to the house of Timothy Clarke,
thence along the southerly side of the road leading from Florida to
Chester, to the house of Isaac Wynans, thence along the southerly side
of the road running by the grist-mill of William Thompson Esquire,
towards Sugar loaf mountain, to the northerly line of the plantation of
Samuel Rainer, and thence along the said line easterly to the southwest
corner of a large tract of land commonly called Rutgers's tract, and
then easterly along the southerly bounds of the said tract, to the foot of
the said Sugar loaf mountain, and then an east course to the bounds of
New Cornwall, shall be and hereby is erected into a town by the name
of Goshen.
And that all that part of the county of Orange aforesaid, bounded
easterly by New Cornwall, southerly by the State of New Jersey, west-
erly by the Wallkill, and northerly by Goshen, shall be and hereby is
erected into a town, by the name of Warwick.
And that all that part of the said county of Orange, bounded easterly
by the Wallkill, southerly by New Jersey, westerly by Delaware river,
and north by the county of Ulster, shall be and hereby is erected into
a town, by the name of Minisink.
And that all that part? of the county of Ulster, bounded easterly by
Wind- Hudson's river, southerly by the county of Orange, and westerly and
northerly by a line beginning at the west side of Hudson's river at the
mouth of Quasick creek, and running from thence along the south
bounds of a tract 01 land commonly called the German patent, and the
southerly bounds of a tract of land granted to Alexander Baird and
company, to the east bounds of two thousand acres ot land granted to
Cadwallader Colden, and then across the same to the most northerly
corner ol the land granted to Patrick Hume, and then along the west-
Chap. 64.] ELEVENTH SESSION. 755
erly bounds thereof, to the lands granted to Patrick McKnight, and then
along the same southeasterly and southwesterly to the southerly corner
thereof, and then continuing the last mentioned line to the county of
Orange, so as to include the lands of Fletcher Mathews, shall be and
hereby is erected into a town, by the name of New Windsor.
And that all that part of the said county of Ulster, bounded easterly Newbursrh.
by Hudson's river, southerly by New Windsor, westerly by the east
bounds of the said tract of land granted to Cadwallader Golden, and
the east bounds of one thousand acres of land granted to John Johnston,
and the east bounds of three thousand acres of land granted to Henry
Wileman, and. the east bounds of three thousand five hundred acres of
land granted to Rip Van Dam and others, and northerly by a line
beginning on the west side of Hudsons river at the northeast corner of
a tract of land granted to Francis Harrison • and company, called the
five thousand acre tract, and running from thence westerly along the
north bounds of the same tract, and the north bounds of another tract
granted to the said Francis Harrison, to the tract of land commonly
called Wallace's tract, then along the lines of the same, northerly and
westerly to the northeasterly bounds of a tract of land granted to Jaco-
bus Kip, John Cruger and others, commonly called Kip and Cruger's
tract, then westerly along the northeasterly and northerly bounds thereof
to the northwest corner thereof, and then westerly to the northeast
corner of the said tract of three thousand five hundred acres of land
granted to Rip Van Dam and others, shall be and hereby is erected into
a town, by the name of Newburgh.
And that all that part of the said county of Ulster, bounded easterly Marl-
by Hudsons river, southerly by Newburgh, westerly by the east bounds ^^^^^ '
of two thousand acres of land granted to Peter Barberie, and the east
bounds of two thousand acres of land granted to William Huddleston,
and the east bounds of two thousand acres of land granted to Thomas
Garland, and northerly by a tract of land granted to Lewis Du Bois and
partners, called the New Paltz patent, and a tract of land, granted to
Noah Elting and Nathaniel la Fever, and a tract of land granted to
Anne Mullender, commonly called Mullender's tract, and a tract of
land granted to Hugh Frere, and the southerly line thereof, continued
to the east bounds of the said two thousand acres of land granted to the
said Thomas Garland, shall be and hereby is erected into a town by the
name of Marlborough.
And that all that part of the said county of Ulster, bounded easterly WaUkliL
by New Windsor, southerly by the county of Orange, westerly by Shaw-
angunk kill, and northerly by the line commonly called the old north-
west line, shall be and hereby is erected into a town by the name of
Wallkill.
And that all that part of the said county of Ulster, bounded easterly Mont-
by New Windsor and Newburgh, southerly by the said town of Wall- *^^*^^^'
kill, westerly by Shawangunk kill, and northerly by a line beginning at
the northeast comer of a tract of three thousand acres of land granted
to Henry Wileman, and running thence along the north bounds thereof
to the Paltz river, commonly called the Wallkill, and then southerly up
the same river to the southeast corner of a tract of four thousand acres
of land granted to Gerardus Beekman and others, and then westerly and
northerly along the southerly and westerly bounds thereof to the north-
west comer thereof, and then northwesterly along the north bounds of
the lands granted to Jeremiah Schuyler and Company, to the Shawan-
gunk kill as aforesaid, shall be and hereby is erected into a town by the
name of Montgomery.
756
LAWS OF NEW YORK.
[Chap. 64.
Shawao-
guok.
Kingston.
Hurley.
Marble-
town.
New Paltz.
Rochester.
Mamakat-
Ing.
Woodstock
Columbia
county;
Kinder-
book.
Oaoaan.
And that all that part of the said county of Ulster, bounded easterly
by Newburgh and Marlborough, southerly by Montgomery and the
Platte kill, westerly by Shawangunk mountains, and northerly by a line
beginning at the northeast corner of a tract ot two thousand acres of
land granted to William Huddleston and running from thence along the
north bonds thereof, and the north bounds of two thousand acres of
land granted to Peter Mathews and others, to the mouth of Shawangunk
kill, and then westerly along the north side of the same kill as it runs to
the southwest corner of the land granted to Colonel Jacob Rutsen, and
then along the westerly bounds thereof to the northwest comer thereof
and then along the southerly bounds of a tract of land granted to
Stephen Du Blois to the southwest corner thereof, and then northwest
to Shawangunk mountains aforesaid, shall be and hereby is erected into
a town, by the name of Shawangunk.
And that all that part of the said county of Ulster, called the town-
ship of Kingston and manor of Fox-Hall, and extending northward to
the line of the county of Albany, and southward to the north bounds of
a tract of land granted to Lewis Dubois and partners, called the New
Paltz Patent, shall be and hereby is erected into a town, by the name of
Kingston.
And that all that part of the said county of Ulster, called the town-
ship of Hurley, shall be and hereby is erected into a town by the name
of Hurley.
And that all that part of the said county of Ulster called Marble-
town, shall be and hereby is erected into a town by the name of Marble-
town.
And that all that part of the said county of Ulster, bounded northerly
by the north bounds of the patent granted to Lewis Dubois and part-
ners, called the New Paltz Patent, easterly by Hudsons river, southerly
by Marlborough and Shawangunk, and westerly by the west bounds of
the said patent, continued southerly to the northwest comer of Shaw-
angunk, shall be and hereby is erected into a town by tha name of New
Paltz.
And that all that part of the said county of Ulster called Rochester,
and extending west to Delaware river, shall be, and hereby is erected
into a town, by the name of Rochester.
And that all that part of the said county of Ulster, bounded northerly
by Rochester, easterly by the town of Shawangunk, Montgomery and
Wallkill, southerly by the county of Orange, and westerly by Delaware
river, shall be and hereby is erected into a town, by the name of Mama-
Kating.
And that all that part of the said county of Ulster, bounded northerly
by the county of Albany, easterly by Kingston, Hurley and Marbletown,
southerly by Rochester, and westerly by Delaware river and the county
of Montgomery, shall be and hereby is erected into a town, by the name
of Woodstock.
And that all that part of the county of Columbia bounded westerly
and northerly by the county of Albany, southerly by the north bounds
of the city of Hudson, as far as to the first falls in Major Abrahams
creek and from thence running east; and easterly by a line running
from a place in the north line of the county of Columbia, ten miles dis-
tant from Hudsons river, due south until it strikes the said east line from
the said falls, shall be and hereby is erected into a town by the name of
Kinderhook.
And that all that part of the said county of Columbia, now called
Kings district, bounded westerly by Kinderhook, northerly by the county
Chap. 64.] ELEVENTH SESSION. 757
of Albany, easterly by the east bounds of this State, and southerly by
the said east line from the first falls in Major Abraham's creek afore-
said, continued to the east bounds of this State, shall be and hereby is
erected into a town, by the name of Canaan.
And that all that part of the said county of Columbia, bounded south- cUverack.
erly by the manor of Livingston, westerly by the city of Hudson, north-
erly by Kinderhook, and easterly by a line beginning at the southeast
corner of Kinderhook, and running thence south fourteen degrees west
to the manor of Livingston, shall be and hereby is erected into a town,
by the name of Claverack.
And that all that part of the said county of Columbia, bounded west- HiUsdale.
erly by Claverack, northerly by Canaan, easterly by the east bounds of
this State, and southerly by the manor of Livingston and the north line
thereof, continued to the east bounds of this State, shall be and hereby
is erected into a town, by the name of Hillsdale.
And that all that part of the said county of Columbia, beginning on oiermont.
the south side of the mouth of a certain river, commonly called Roeloflf
Jansew's kill, and runnfng thence along the south side of the said river
easterly until it comes to the tract of land heretofore granted to Derick
Wessels, lying on both sides of the said river, thence along the westerly,
northerly and easterly bounds of the said tract until it again comes to
the said river, and then along the south side of the said river until it
strikes the farm now in the occupation of Marcus Platner and Jacob
Heermanse, and then along the westerly, northerly and easterly part of
the same farm, to the south side of the said creek or river, and then along
the southerly side thereof, to the south bend thereof where it meets with
the north line of the county of Dutchess, and thence westerly, along the
line of the county of Dutchess, to Hudson's river, and then northerly up
along Hudsons river to the place of beginning shall be and. hereby is
erected into a town, by the name of Clermont; excepting thereout the
tract of country called the German or East Camp.
And that all that part of the said county of Columbia commonly Oennan-
called and known by the name of the German or East Camp, shall be *°^***
and hereby is erected into a town by the name of German Town.
And that all the remaining part of the said county of Columbia, shall LiTingston.
be and hereby is erected into a town by the name of Livingston.'
And that all that part of the county of Albany, bounded southerly by Aibanr
the county of Columbia, westerly by Hudsons river, including such of ^JawSaer-
the islands in the same river as are nearest the east side thereof, and wyok.
northerly by the north bounds of the manor of Rensselaerwyck, and
easterly by a line beginning in the same north bounds, at a place nine
miles distant from Hudsons river, and running from thence southerly to
the northeast corner of Kinderhook in the county of Columbia, shall be
and hereby is erected into a town, by the name of Rensselaerwyck.
And that all that part of the said county of Albany, bounded easterly stepheo-
by the east bounds of this State, southerly by the county of Columbia, ^^^
westerly by the said town of Rensselaerwyck, and northerly by the north
bounds of the said manor of Rensselaerwyck, shall be and hereby is
erected into a town, by the name of Stephen Town.
And that all that part of the said county of Albany, bounded south- Sohagrh-
erly by the said town of Rensselaerwyck, westerly by Hudson's river, ^^^^^
northerly by a line beginning at the mouth'of Lewis's creek or kill, and
running from thence south eighty four degrees east to Hosick river, and
easterly and southeasterly by a line running from thence down along
Hosick river, as it runs, to the place where Toll's bridge formerly stood,
and then due south to the road leading from St. Hoick to Albany, and
758 LAWS OF NEW YORK. [Chap. 64.
then along the same road to the north bounds of Rensselaerwyck, shall
be and hereby is erected into a town, by the name of Schactekoke.
Pitutown. And that all that part of the said county of Albany, bounded south-
erly by Rensslaerwyck and Stephen Town, westerly by Schactekoke,
northerly by Schactekoke and Cambridge, and easterly by a line begin-
ning at the distance of ten miles east from Hudson's river, on the north
line of Schactekoke continued east, and running from thence to a place
in the north bounds of Stephen Town, at the distance of thirteen miles
from Hudsons river, shall be and hereby is erected into a town by the
name of Pitt's Town.
Hoosiok. And that all that part of the said county of Albany, bounded easterly
by the east bounds of this State, southerly by Stephen Town, westerly
by Pitts Town and northerly by the north line of Schactekoke and Pitts
Town continued to the east bounds of this State, shall be and hereby is
erected into a town, by the name of Hosick.
Cambridge And that all that part of the said county of Albany, bounded north-
erly by the county of Washington, easterly by the east bounds of this
State, southerly by Hosick, Pitts Town and Schactekoke, and westerly
by the east bounds of Saraghtoga Patent, shall be and hereby is erected
into a town, by the name of Cambridge
Stillwater. And that all that part of the said county of Albany, bounded easterly
by Cambridge, southerly by Schactekoke and Anthonys Kill and a line
from that part of the said Kill where it comes out of the Round lake
to the south east corner of Balls Town, westerly by Balls Town and a
north line from the north east corner thereof, and northerly on the west
side of Hudsons river by the north bounds of lot number seventeen in
Saraghtoga Patent, continued to the said north line from the north east
corner of Ball's Town, and on the east side of Hudsons river by a line
beginning in the middle of lot number thirty eight in Saraghtoga
Patent on Hudsons river, and running easterly parrallel to the south
bounds of the same lot to Cambridge, shall be and hereby is erected
into a town by the name of Stillwater.
Saratoga. And that all that part of the said county of Albany, bounded north-
erly by the county of Washington, easterly by Cambridge, southerly by
Stillwater, and westerly by a north line from the north east comer of
Ballstown, continued to the county of Washington, shall be and hereby
is erected into a town by the name of Saraghtoga.
Bailston. And that all that part of the said county of Albany, bounded westerly
by the county of Montgomery, northerly by the county of Washington,
easterly by Saraghtoga and Still-water, and southerly by the south
bounds of Balls Town, and a line from tlije southwest corner thereof,
continued west to the county of Montgomery, shall be and hereby is
erected into a town, by the name of Balls Town.
Halfmoon. And that all that part of the said county of Albany, bounded north-
erly by Stillwater and Ball's Town, easterly by Schactekoke, southerly
by the middle of the Mohawk river, and its most northerly branch, and
westerly by the west bounds of the patent granted to William Apple,
and the Long lake, shall be and hereby is erected into a town, by the
name of Halfmoon.
scheneo- And that all that part of the said county of Albany, bounded north-
^*^^* erly by Balls Town, easterly by Half Moon and Water Vliet, southerly by
the north bounds of the manor of Rensselaerwyck, and westerly by the
county of Montgomery, and a line running from that part of the Mohawk
river where the line of the county of Montgomery comes to the said
river, south to the manor of Rensselaerwyck, including all that tract of
Chap. 64.] ELEVENTH SESSION. 759
land called Corey's Brook, shall be and hereby is erected into a town,
by the name of Schenectady.
And that all that part of the said county of Albany, bounded easterly Waterviiet.
by Hudsons river, including the islands in the same lying nearest the
west side thereof, northerly by Halfmoon and by a line from the south-
west corner of Halfmoon, south, to the lands granted to John Schuyler,
and then along the western bounds thereof, to the north bounds of the
manor of Rensselaerwyck, and then to the northwest corner of the
said manor westerly by the west bounds of the same manor and south-
erly by the north line of the county of Columbia, continued to the west
bounds of the same manor, except the city of Albany, shall be and
hereby is erected into a town by the name of Water Vliet.
And that all that part of the said county of Albany bounded westerly Schoharie,
and northerly by the county of Montgomery, easterly by Schenectady
and Water Vliet, and southerly by a tract of land called the township
of Blenheim, and a line running from the north-east corner thereof,
east to Water Vliet, shall be and hereby is erected into a town, by the
name of Schoharie.
And that all that part of the said county of Albany, bounded west- Cozsackie.
erly by the counties of Montgomery and Ulster, northerly by Schoharie
and Water Vliet, easterly by the county of Columbia, and southerly by
a line beginning at the south bank of the mouth of the Murderers Kill
at Lunenburgh, and running from thence north eighty degrees west to
the county of Ulster, shall be and hereby is erected into a town, by the
name of Cocksakie.
And that all that part of the said county of Albany, bounded north- CatukUi.
erly by Cocksakie, easterly by the county of Columbia, and southerly
by the county of Ulster, shall be and hereby is erected into a town, by
the name of Cats- Kill.
And that all that part of the county of Washington, bounded southerly WaahioB-
by the county of Albany, westerly by Hudson's river, northerly by a aSk^Io"'^'
tract of land called Kingsbury, and a tract of land called the Provincial
Patent, and easterly by the east bounds of a tract of land called the
township of Argyle, shall be and hereby is erected into a town, by the
name of Argyle.
And that all that part of the said county of Washington, bounded Baiem.
easterly by the east bounds of the said county of Washington, southerly
by the county of Albany, westerly by Argyle, and northerly by the north
bounds of a tract of land called Turner's Patent, and a line running
from the northeast corner thereof, east to the east bounds of the said
county of Washington, shall be, and hereby is erected into a town, by
the name of Salem.
And that all that part of the said county of Washington bounded Hebron,
easterly by the east bounds of the said county of Washington, southerly
by Salem aforesaid, westerly by Argyle and the said tract of land called
the Provincial Patent, and northerly by an east and west line run from the
southeast corner of a tract of land formerly granted to Lieutenant Byrn,
shall be and hereby is erected into a town, by the name of Hebron.
And that all that part of the said county of Washington, bounded Granville,
easterly by the east bounds of the said county of Washington, southerly
by Hebron aforesaid, westerly by the said tract called the Provincial
Patent and a tract of land called the artillery Patent, and northerly by
a tract ol land heretofore called Skeensborough, and a line running east
Irom the southeast corner thereof to the east bounds of the said county
of Washington, shall be and hereby is erected into a town, by the name '
of Gmnville.
760
LAWS OF NEW YORK.
[Chap. 64.
Hampton. And that all that part of the said county of Washington, bounded
easterly by the east bounds of the said county of Washington, southerly
by Granville aforesaid, westerly by the said tract of land heretofore
called Skeensborough, and a line running from the northeast corner
thereof north east to the north bounds of the said county of Washing-
ton, and northerly by the north bounds of the said county of Wash-
'j ington, shall be and hereby is erected into a town, by the name of
Hampton.
Whitehall. And that all that part of the said county of Washington, bounded
easterly by Hampton, southerly by the south bounds of the tract of land
heretofore called Skeensborough, westerly by the west bounds of the
said tract, and the waters of South Bay, and northerly by the north
bounds of the said county of Washington, shall be and hereby is erected
into a town, by the name of Whitehall.
Kingsbury. And that all that part of the said county of Washington, bounded
easterly by the said tract of land called the Provincial Patent, southerly
by Argyle and Hudsons river, westerly by the west bounds of a tract of
land called Kingsbury, and northerly by the north bounds of the said
tract of land called Kingsbury, shall be and hereby is erected into a
town, by the name of Kingsbury.
And that all that part of the said county of Washington, bounded
southerly by Kingsbury, easterly by Hebron, Granville and Whitehall,
northerly by Whitehall and the north bounds of the said county of
Washington, and easterly by Lake George, shall be and hereby is erected
into a town, by the name of Westfield.
And that all that part of the said county of Washington, bounded
easterly by West Field and Kingsbury, southerly by the county of
Albany, westerly by the county of Montgomery, northerly by the north
bounds of the said county of Washington, shall be and hereby is erected
into a town, by the name of Queensbury.
And that all that part of the county of Clinton, bounded southerly by
the south bounds of the said county of Clinton, northerly by the south
linp of Judd's patent continued westerly to the county of Montgomery
and easterly to the east bounds of the county of Clinton; easterly by the
east bounds of the county of Clinton, and westerly by the county of
Montgomery, shall be and hereby is erected into a town, by the name of
Crown Point.
And that all that part of the county of Clinton bounded on the south
by the town of Crown Point on Vhe north by the south line of a patent
(which including the river a Sable at its mouth) continuing westward
to the county of Montgomery and eastward to the east bounds of the
county of Clinton; easterly by the east bounds of the county of Clin-
ton and westerly by the county of Montgomery, shall be and hereby is
erected into a town by the name of Willsborough.
And that all that part of the county of Clinton, bounded on the south
by the town of Willsborough, on the north by the north line of a patent
granted to William Beekman and others, continued westward to the
county of Montgomery, and eastward to the east bounds of the county
of Clinton; easterly by the east bounds of the county of Clinton, and
westerly by the county of Montgomery, shall be and hereby is erected
into a town, by the name of Plattsburgh.
Champlain And that all that part of the county of Clinton, laying to the north-
ward of the town of Plattsburgh, south of the north bounds of this State,
west of the east bounds of the county of Clinton and east of the county
of Montgomery, shall be and hereby is erected into a town, by the name
of Champlain.
Westfleld.
Queen»-
bury.
Clinton
county;
Crown
Point.
Wills-
borough.
Platts-
burgh.
Chap. 64.] ELEVENTH SESSION. ' 761
And that all that part of the county of Montgomery, bounded north- Montgom-
erly by the north bounds of this State, easterly by the counties of Clin- cSj^n^J?''
ton, Washington and Albany, southerly by the Mohawk river, and west- waga.
erly by a line running from the hill called Anthony's nose, north to the
north bounds of this State, shall be and hereby is erected into a town
by the name of Caughnawaga.
And that all that part of the said county of Montgomery, bounded PaiaUne.
northerly by the north bounds of this State, easterly by Caughnawaga,
southerly by the Mohawk river, and westerly by a line running from the
little falls in the Mohawk river, north, to the north bounds of this State,
shall be and hereby is erected into a town, by the name of Palatine.
And that all that part of the said county of Montgomery, bounded Herkimer,
northerly by the north bounds of this State, easterly by Palatine, south-
erly by the Mohawk river, and westerly by a north and south line run-
ning across the Mohawk river at the fording place near the house of Wil-
liam Cunningham, leaving the same house to the west of the same line,
shall be and hereby is erected into a town, by the name of Herkemer.
And that all that part of the said county of Montgomery, bounded Mohawk,
northerly by the Mohawk river, easterly and southerly by the county of
Albany, and westerly by a line running from the hill called Anthony's
nose, south, until it strikes the county of Albany, shall be and hereby is
erected into a town, by the name of Mohawk.
And that all that part of the said county of Montgomery, between Harpers-
the Cookquago-Branch of Delaware river and the branch of the Susque- *®'^
hannah river called Adigitange, beginning at a rock maple tree marked
on four sides with a blaze and three notches, and with the letters and
figures A. C. 1768. standing on a high point of land at the south side of
a small lake called by the Indians Utsayantho, from whence the said
branches of the Delaware called by the Indians Cookquago issues, and
running from thence, north thirty degrees west to the said Adigitange,
and thence down the same, and the Susquehanna to the bounds of
Pennsylvania, and east along the same to the river Delaware, and then
up the same river to the place of beginning, shall be and hereby is
erected into a town, by the name of Harpersfield.
And that all that part of the said county of Montgomery, beginning Otsego,
at the head water of the lake Otsego in the patent commonly ca}led the
Otsego patent granted to George Croghan and others, and running from
thence along the northerly bounds of the s^id patent to the northwest
corner thereof, thence extending westerly to the river Tienaderha, so as
to include the patent granted to William and Robert Edminston, thence
down the said river to its junction with the Susquehanna river, and then
up the said river to the place of beginning, shall be and hereby is erected
into a town, by the name of Otsego.
And that all that part' of the said county of Montgomery, bounded Canajo- .
northerly by the Mohawk river, easterly by the town of Mohawk, and ®'
the county of Albany, southerly by Harpersfield, and westerly by the
river Susquehanna and the lake Otsego, and a line from the head water
thereof to the little falls in the Mohawk river, shall be, and hereby is
erected into a town, by the name of Canajoxharie.
And that all that part of the said county of Montgomery, bounded German
northerly by the Mohawk river, easterly by Canajoxharie, southerly by *^***
Otsego, and westerly by the western line of the town of Herkemer, con-
tinued south to the said town of Otsego, shall be and hereby is erected
into a town, by the name of German Flatts.
And that all the remaining part of the said county of Montgomery,
shall be and hereby is erected into a town, by the name of White's Town.
' Vol. 2. — 96
762
LAWS OF NEW YORK.
[Chap. 64.
Interaected
farms.
North and
South
Poor In
GosheOy
etc.
Effect of And be it further enacted by the authority aforesaid^ That none of the
**''• bounds or lines by this act assigned for the limits of any or either of
the said towns, shall be deemed to take away, abridge, destroy or affect,
the right or title of any person or persons, bodies politic or corporate,
in any manner or by any means whatsoever; nor be deemed, taken or
construed as a confirmation of the bounds, or the rights of any patent
or patents whatsoever.
And be it further enacted by the authority aforesaid^ That where any
line of any of the said towns shall intersect a farm, the possessor of such
farm shall pay all his taxes for such farm in the town where his dwell-
ing house shall be.
And be it further enacted by the authority aforesaid^ That the inhab-
E^pstead itants of South Hempstead shall have and enjoy the right of oystering,
fishing and clamming, in the creeks, bays, and harbours of North
Hempstead; and the inhabitants of North Hempstead shall have and
enjoy the like rights and privileges in the creeks bays and harbours of
South Henipstead.
And be it further ermcted by the authority aforesaid, That the poor now
belonging to the precinct of Goshen, and all persons now entitled to a
settlement therein, and who shall become poor, shall be supported and
maintained at the joint expence of the said towns of Goshen, Warwick
and Minisink, in the same proportion as the necessary and contingent
charges of the county, shall from time to time be laid upon the same
towns respectively, and that all the bridges which are now by law
directed to be made and maintained at the joint expence of the inhab-
itants of the precincts of Goshen and Cornwall, shall continue to be
made, repaired and maintained by the inhabitants of the said towns of
New Cornwall, Goshen, Warwick and Minisink, in the same manner as
if this act had not been made.
And be it further enacted by the authority aforesaid. That such poor
Cortlandt, persons as are now maintained by the inhabitants of the manor of Cort-
landt and manor of Philipsburgh, shall be distributed within twenty days
after this act shall take effect; those of the said manor of Cortlandt, to
and among the towns of Cortlandt, York town, and Stephen-town; and
those of Philipsburgh, to and among the towns of Greenburgh and
Mountpleasant, in such equitable manner as Ebenezer Purdy, Jonathan
G. Tompkins and Ebenezer Lockwood, or any two of them, shall, by
writing under their hands, or the hands of any two of them, order and
direct; and that after such distribution, the inhabitants of the said
towns shall respectively maintain such of the said poor persons as shall
be so as aforesaid to them respectively assigned; and that until such
distribution shall be so as aforeaid made, the said poor persons shall be
kept and maintained in the same manner, as if this act had never been
made.
Ana be it further enacted by the authority aforesaid. That the free-
holders and inhabitants of each and every of the said towns, for the
time being respectively, who are or shall be qualified by law to vote at
town meetings, shall forever hereafter have full power and authority and
they are hereby directed and required, to assemble together and hold
town meetings in their respective towns, on the first Tuesday in April
in every year, and then and there to elect and chuse one supervisor, one
town clerk, npt less than three, nor more than seven assessors, one or
more collectors, each of whom shall be liable only for the monies which
they are respectively directed to collect in such parts of the town, as
shall be assigned to them by the supervisor, two overseers of the poor,
and three commissioners oi highways, for the same town, each of whom
Poor In
Town
meetlngt.
Chap. 64.] ELEVENTH SESSION. 763
shall be a freeholder and inhabitant of the same town; and so many
constables, overseers of the highways, fence viewers, and pound masters
for the same town, being inhabitants of the same town, as to the free-
holders and inhabitants of said town so met or the major part of them,
shall seem necessary and convenient ; which said several officers shall
hold their respective offices for one year, and until others shall be chosen
in their places: And in case any of the officers so chosen in any such
town, shall refuse to serve, or die or remove out of the town, or become
incapable of serving, before the next annual town meeting, then and in
every such case it shall and may be lawful to and for the freeholders
and inhabitants of such town, from time to time, when it shall be neces-
sary, to elect and chuse another or others in the room of such of them
so refusing to serve or dying, removing or becoming incapable of serv-^
in g, and to assemble together and hold town meetings for that purpose;
And the town clerk of each town respectively, upon notice of any such
refusal, removal, incapacity or death, or in case of any vacancy of the
office of town clerk, then any justice of the peace in the same county,
upon notice thereof, and request to him, by any freeholder of the same
town, is hereby required to give notice in the manner herein after men-
tioned, of a town meeting in the same town, for the purpose aforesaid.
And be it further enacted by the authority aforesaid^ That the first town id.
meeting in each of the said towns, after this act shall take effect, shall
be held at the place in each respective town where such meeting in the
same district ought to have been held, if this act had not been made;
and where there is no such place, or more than one such place, in any
town, then at such place as the justices of the peace residing in such
town, or the major part of them, shall direct and appoint. And that all
town meetings thereafter to be held in each respective town, shall be
held at such place in each town respectively, as the freeholders and
inhabitants of such town, at their town meeting shall from time to time
direct and appoint.
And be it further enacted by the authority aforesaid. That the freehold- Ward
ers and inhabitants of the city of Albany, shall and may, and they are A^any*
hereby required, yearly and every year, on the first Tuesday in May, to city,
elect and chuse one supervisor, two assessors, one collector and one
overseer of the poor, being freeholders and inhabitants of the said city,
and two constables, being inhabitants of the same city, in each of the
wards of the said city. And further ^ that the freemen of the city of Td.; Hud-
Hudson, being inhabitants thereof, shall and may and they are hereby ^^ ^^^y-
required, yearly and every year, at their annual election of officers within
the said city of Hudson, to elect and chuse one supervisor and such
number of assessors, collectors, constables and overseers of the poor, of
the same city, as the common council for the same city, shall from time
to time deem necessary, and direct to be chosen.
And be it further enacted by the authority aforesaid^ That if any Vaoancfes.
or either of the said cities, towns or places, shall neglect to chuse such
officers as aforesaid, or any or either of them, or in case any or either of
the officers so chosen, in and for any city, town or place aforesaid, shall
refuse to serve, or die or remove out of the city, town or place, for which
he shall be chosen, or become incapable of serving, before the next
annual town meeting, or election, after he shall be chosen, and the city
town or place, for which he was chosen, shall not, within fifteen days
next after such refusal, death, removal or incapacity happens, chuse
another in the room of such person so refusing to serve, or dying, or
removing or becoming incaple of serving, then and in every such case
it shall and may be lawful, for any three of the justices of the peace in
office.
764 LAWS OF NEW YORK, [Chap. 64.
the same county, residing in such city, or in or near to such town, and
they are hereby required, to nominate and, by warrant under their hands
and seals, to appoint, all and every such officers as aforesaid, as the free-
holders and inhabitants of the same city, town or place, ought to have
chosen as aforesaid; and each and every of the said officers so appointed,
shall hold his office for so long time, and have the same powers, and be
liable to the same penalties, as if he had been elected to the same office
by the freeholders and inhabitants of such city, town or place.
Oathi of And be it further enacted by the authority aforesaid^ That each and
"*"'"' every supervisor, town clerk, assessor, commissioner of highways, over-
seer of the poor, and constable, hereafter to be elected or appointed,
shall, before he enters upon the execution of his office, and within eight
days after such election, or appointment, take and subscribe an oathj
before some justice of the peace, in the form herein after prescribed for
such officers respectively to take, that is to say, every supervisor shall
take and subscribe an oath in the following form, to wit ** I do
solemnly and sincerely promise and swear, that I will in all things, to
the best of my knowledge and ability, faithfully and impartially execute
and perform the trust reposed in me as supervisor of the (here insert
the name of the place) in the county of (here insert the name of the
county) and that I will not pass any account or any article thereof
wherewith I shall think the said county is not justly chargeable, nor
will I disallow any account or any article thereof, wherewith I shall think
the said county is justly chargeable." And every town clerk shall take
and subscribe an oath in the following form, to wit, " I town
clerk of the t6wn of in the county of do solemnly
and sincerely promise and swear, that I will faithfully and honestly keep
all the books, records, writings and papers, by virtue of my said office
of town clerk committed, and which shall from time to time be com-
mitted, unto me; and in all things to the best of my knowledge and
understanding, well and faithfully perform the duties of my said office
of town clerk without favour or partiality." And every assessor shall
take and subscribe an oath in the following form, to wit, " I do
solemnly and sincerely promise and swear, that I will honestly and
impartially assess the several persons and estates, within the (here insert
the name of the place) in the county of (here insert the name of the
county) ; and that in making such assessments, I will, to the best of my
knowledge and judgment, observe the directions of the several laws of
this State, directing and requiring such assessments to be made." And
every commissioner of highways shall take and subscribe an oath in the
following form, to wit, " I do solemnly and sincerely promise
and swear, that I will in all things, to the best ot my knowledge and
understanding, well and faithfully execute the trust reposed in me as a
commissioner of highways, for (here insert the name of the town and
county) without favour or partiality." And every overseer of the poor,
and constable, shall take and subscribe an oath in the following form,
to wit, " I do solemnly and sincerely promise and swear, that
I will in all things to the best of my knowledge understanding and abil-
ity, well and faithfully execute and pertorm the trust reposed in me as
an overseer of the poor, or constable, (as the case may be ) ot the (here
insert the name of the place) in the county of (here insert the name of
the county"). And further ^ that every justice ot- the peace, before
whom such oath shall be taken and subscribed as aforesaid, shall, with-
out fee or reward, certify under the same writing, the day and year when
"the same oath was taken, and subscribe his name thereto, and then
deliver the same writing to the person taking the same*oath, who shall,
Chap. 64.] ELEVENTH SESSION. 765
within eight days thereafter, transmit or deliver the same to the clerk of
the town for which such officer so taking such oath was elected or
appointed. And if any supervisor, assessor, commissioner of highways,
overseer of the poor or constable of any town, shall not take and sub-
scribe such oath as aforesaid, and transmit or deliver the same to the
town clerk as aforesaid, within the time hereby limited, or if any collec-
tor or constable, shall not give such security as is by law required,
within the time for that purpose limited, then and in every such case,
such neglect shall be deemed a refusal to serve in such office; and the
town in which such officer was chosen, may thereupon proceed to a new
choice.
And be it further enacted by the authority aforesaid^ That if any per- Penalty for
sop hereafter chosen or appointed a supervisor, town clerk, assessor, col- h!|*befSro
lector, commissioner of highways, overseer of the poor or constable as taKing
aforesaid, shall refuse to take upon him, or to serve in such office, or if lolj bond. "
any such supervisor, town clerk, assessor, commissioner of highways or
overseer of the poor, shall proceed in the execution of such office, before
he shall have taken and subscribed such oath as aforesaid, or if any such
collector or constable shall proceed in the execution of his office, before
he shall have given such security, as is or shall be required by law, then
and in every such case, every person so neglecting or refusing, or doing,
shall forfeit to the people of this State, the sum of twenty five pounds,
to be recovered, by action of debt, bill, plaint or information, in any
court of record; and the attorney general of this State for the time
being, is hereby directed and required to sue and prosecute for all such
penalties and forfeitures, and to pay the same when recovered to the
treasurer of this State, for the use of the people of this State. And in
every such action, suit or information, it shall be sufficient to set forth,
that the defendant, at a certain time and place became indebted to the
people of the State of New York, in the sum of twenty five pounds as a
forfeiture incurred, by reason that the defendant, having been elected
or appointed (as- the case may be) a supervisor, town clerk, assessor,
collector, commissioner of highways, overseer of the poor, or constable,
as the case may be, did refuse to take upon him and to serve in his said
office, or did. proceed in the execution of his said office, without taking
and subscribing the oath by law required, or without giving the security
by law required, as the case may be, contrary to the form of the "act
for dividing the counties of this State into towns," to be paid to the
people of the State of New York aforesaid, when hfe should be there-
unto afterwards required; and to give the special matter in evidence.
And be it further enacted by the authority aforesaid. That if any Penalty for
person hereafter chosen or appointed an overseer of the highways, fence J|^i**'
viewer or pound master, shall neglect or refuse to take upon him the offloers.
said office, then and in every such case, such person so neglecting or
refusing shall forfeit and pay the sum of five pounds, to be recovered,
with costs, before any justice of the peace, by action of debt; the one
moiety thereof to the use of the poor of the town for which such officer
was chosen or appointed, and the other moiety thereof, with the costs
of suit, to the use of any person who shall prosecute for the same to
effect.
And be it further enacted by the authority aforesaid^ That upon the Town
death or expiration of the office of the town clerk of any town, all office?
the records, books, writings and papers, belonging to the same office, transferor,
shall be delivered to the successor in office, upon the oath of the pre-
ceding town clerk, or in case of his death, upon the oath of his execu-
tors, or administrators; and if any such preceding town clerk or his
7G6 LAWS OF NEW YORK. [Chap. 64,
executors or administrators, shall refuse or neglect to deliver the same
upon oath as aforesaid, being lawfully demanded, every such person
shall forfeit to the people of this State, for every such refusal or neglect,
the sum of one hundred pounds, to be recovered^ by action of debt, bill,
plaint or information, in any court of record; and the attorney general
of this State for the time being, is hereby directed and required,
to sue for such forfeiture, andto pay the same, when recovered to
the treasurer of this State, for the use of the peopie of this State.
And in every such action, suit or information, it shall be sufficient
to set forth, that the defendant, on the day such demand was made,
became indebted to the people of the State of New York, in the sum of
one hundred pounds, as a forfeiture, incurred by reason that the defend-
ant did neglect and refuse to deliver to the succeeding town clerk, the
records, books, writings and papers belonging to the same office, con-
trary to the form of the ** Act for dividing the counties of this State
• into towns;" to be paid to the people of the State of New York, when
he should be thereunto required; and to give the special matter in evi
dence.
Powere of And be it further enacted by the authority a/oresaidy That the free-
town meet- j^Qj^^gj-g and inhabitants of each and every of the said towns, shall be,
and are hereby authorised and impowered, at their respective annual
town meetings, or any other town meeting, held for that purpose in
their respective towns, from time to time, to make, establish constitute
and ordain such prudential rules, orders and regulations, as the majority
of the freeholders and inhabitants of such towns respectively, so assem-
bled at their respective town meetings, and having a right to vote there,
shall from time to time, judge necessary and convenient, for the better
improving of their common lands in tillage, pasturage or any other
reasonable way; and for making maintaining and amending, their par-
tition and circular fences, for their lands, pjardens, orchards and
meadows ; and for ascertaining and directing the use and management,
and the times and manner of using their common lands and meadows,
and other commons; and the times, places and manner of permitting
or preventing, cattle, horses, sheep and swine, or any ot them, to go at
large ; and for impounding all manner of cattle, and creatures whatso-
ever; and for ascertaining the sufficiency of all partition and other
fences; and for making and maintaining such and so many pounds,
and at such places, as may be necessary and convenient; and for ascer-
taining and limiting the fees to be taken by the fence viewers respect-
ively; and to impose such penalties on the offenders against such rules,
orders and regulatibns, or any or either of them, as the majority of
such freeholders and inhabitants, so assembled, shall, from time to time,
deem proper, not exceeding five pounds for each offence, to be recov-
ered with costs of suit, by the supervisor, for the time being, of the
town where the offence shall be committed, in the name of the supervi-
sor of such town, for the use of the same town, by action of debt, before
any justice of the peace, residing in any other town in the same county.
And no such action shall be abated or discontinued by the death 01
expiration of the office of such supervisor, but may be continued and
prosecuted to effect, by his successor in office. And all such penalties,
when recovered, shall be applied and disposed of for the use of the
town where such offence shall be committed, in such manner, and for
such purposes, as the freeholders and inhabitants of the same town,
where such offence shall be committed, at their town meetings, or the
majority of them there assembled, from time to time, direct and appoint
And further, that all such rules, orders and regulations, so to be made
Chap. 64.J ELEVENTH SESSION. 767
as aforesaid, in each town, shall be entered and recorded by the town
clerk of the same town, in a book by him to be provided for that pur-
pose, and shall remain and be in full force, until the same shall be
revoked or altered, or new made, in the manner aforesaid, at some sub-
sequent to>yn meeting; all which alterations and new rules, orders and
regulations, shall also from time, to time be entered and recorded as
aforesaid, and shall continue and be in force, until revoked, altered or
new made as aforesaid.
And be it further enacted by the authority aforesaid^ That it shall and ^d.
may be lawful for the freeholders and inhabitants of each and every of the
said towns, at their respective annual town meetings, or at any other
town meeting held for that purpose, to make such provisions, and allow
such rewards, for the destruction of wolves, wild cats, foxes, crows,
black birds and other noxious wild animals and birds, and to direct
such sum of money to be raised in such town for that purpose, and for
prosecuting or defending the common rights of such town, as the major
part of the said freeholders and inhabitants so assembled at any such
town meeting shall deem necessary and proper; which money shall be
raised and levied together with, and in the same manner, as the money
raised in such town for the support of the poor, shall be raised and
levied.
And be it further enacted by the authority aforesaid^ That whenever it Special
shall be necessary to hold a town meeting, in either of the said towns, for {JJ^JJ {JJf®^
any of the purposes aforesaid, at any time between any of the said annual called,
town meetings, due notice thereof shall be given, by the town clerk, in
wriiing, under his hand, specifying the time, place and purposes, of such
town meeting, and fixed up at four or more of the most public places in
the same town, at least eight days before the time therein appointed for
holding such town meeting. And the town clerk of each of the said
towns, is hereby directed and required, to give such notice, whenever it
shall be necessary to hold such town meeting, for electing any of the
officers aforesaid in such town, or he shall be required to do so by any
twelve or more freeholders of such town.
And be it further enacted by the authority aforesaid^ That where the Division
lands or meadow, of any two or more persons, shall join each other, ®"^®*-
each of them shall make and maintain a just proportion of the division
or partition fence between them, except such persons as shall chuse to
let their lands or meadows lay vacant and open ; and in case any dis-
pute shall arise concerning the part or proportion of the fence to be
made and maintained by either party, the same shall be settled by the
fence viewers of such place, where such lands or meadows shall be situ-
ated, or any two of them, whose decision shall be conclusive. And if
any person shall neglect or refuse to make and maintain his or her part
or proportion of such fence, or shall permit the same to be out of repair,
every such person shall be liable to, and shall pay all and every such
damages as shall accrue to his or her neighbour or neighbours thereby,
to be appraised and ascertained by the fence viewers of the same place,
or any two of them, not interested therein, being first sworn well and
truly, and without any favour or partiality, to appraise and ascertain the
true and real value 01 such damages, according to the best of their
knowledge, skill and judgment; and to be recovered, with costs, in any
court having cognizance of the same: And in case the party so neglect-
ing or refusing, shall continue such neglect o* refusal for the space of
one month, after notice and request to make or repair such fence, then
and in every such case, it shall be lawful for the party injured or
aggrieved thereby, to make or repair all the said fence at the expence of
768 LAWS OF NEW YORK. [Chap. 64.
the party so neglecting or refusing, to be recovered with costs of suit, in
any court having cognizance of the same. And in case any person or
persons, who shall have made his, her or their proportion of any such
fence, shall conclude or be disposed to throw up, his, her or their said
lands or meadow, for common feeding, or to let the same lay open, he,
she or they, shall give three months notice thereof, to the person or per-
sons in possession of the lands or meadow adjoining; and if such fence
shall be removed, without giving such notice, or before the expiration of
the said three months, then and in every such case, the person or per-
sons so removing, or causing such fence to be removed, shall be liable
to make good all such damages, as the party injured and aggrieved by
such removal, shall sustain thereby, to be recovered as aforesaid with
costs.
And whereas in some parts of this State, the fences inclosing meadow
and low land, are frequently injured, destroyed or carried away, by floods
or high tides, which generally happen in the spring of the year, and the
owners of such meadow or low land lose a great part of the profits
thereof for the whole year, unless the said fence be speedily repaired, or
new made. Therefore,
Id. Be it further encuted by the authority aforesaid^ That in all cases where
any such partition fence shall be so injured, destroyed or carried away,
every person who ought by law to make or repair the same, shall make
or repair the same, or his or her just proportion thereof, within ten days
after he or she shall be thereunto required, by any person interested
therein ; and if any person shall refuse or neglect, to make or repair his
or her proportion of such fence, for the space of ten days after such
request as aforesaid, then and in every such case, it shall be lawful for
the party injured or aggrieved thereby, to make or repair all the said
fence, at the expence of the party so neglecting or refusing ; and he or
she shall and may recover the same, with costs, in any court having
cognizance thereof.
Distress of And be it further enacted by the authority aforesaid^ That when any
bw»Sf**°* distress shall be made of any beasts doing damage, the person distrain-
ing, shall, as soon as conveniently may be, and within twenty four hours
thereafter, make application to the two nearest fence viewers in the
same town, to appraise and ascertain the damage, who shall immedi-
ately thereupon go to the place where such damages shall be committed,
and view the damage done, and appraise, ascertain and certify under
their hands, the amount thereof, with their fees for the same, being first
sworn well and truly, and without any favour or partiality, to appraise
the true and real amount of such damage, according to the best of their
knowledge, skill and judgment; and if any dispute shall arise concern-
ing the sufficiency of the fence, it shall be determined by the same fence
viewers, whose decision shall be conclusive ; and the person making the
distress, shall, as soon as he shall think proper, and within forty-eight
hours after making such distress, unless the damage shall be sooner
paid, cause the beasts so distrained to be put in the nearest pound in
the same county, where they shall remain until the sura so certified by
the fence viewers, with the fees of the pound master, shall be paid, or
the beasts so impounded be replevied.
Fences lo And be it further enacted by the authority aforesaid^ That it shall and
cities. jjj^y |jg lawful for the common council for the time being, of the respect-
ive cities of New York, Albany and Hudson, to make such orders rules
and regulations, for the making amending and maintaining the fences in
the said cities respectively, as well partition fences as others, as they
shall from time to time judge most proper and convenient
Chap. 165.] ELEVENTH SESSION. 769
And be it further enacted by the authority aforesaid^ That there shall Pouodg.
be made and kept one good and sufficient pound in each city and town
of this State, and that it shall and may be lawful for the common coun-
cil of the respective cities of New York, Albany and Hudson, from time
to time to appoint keepers of the pounds in their respective cities, who
shall respectively hold their offices during the pleasure of the said com-
mon council ; and that the said respective keepers of the said pounds,
and the respective pound masters in each respective town, shall and
may have, receive and take, for all beasts that shall be put into the pound
of which he is keeper or master, the following fees, to wit, for taking
in and discharging every horse, gelding, mare or colt, and all neat cattle,
one shilling each; and for every sheep or lamb three pence; and for
every hog, shoat or pig six pence; which fees shall be paid to the said
keeper or pound master by the owner or owners of the beasts impounded,
or some person or persons for him, her or them, before the said beasts
shall be released or discharged from such pound, unless the keeper or
master of such pound shall otherwise agree concerning the same. And
if the owner of any beasts, impounded for doing damage, shall not pay
the damage, and the fees of the keeper or master of the pound, with
reasonable charges for keeping and feeding them, not exceeding three
pence for each beast, for every twenty four hours, each such beast shall
be impounded and fed, within six days after such beasts shall be
impounded, or replevy the same beasts, then it shall and may be lawful
for every such keeper or master of such pound, to sell such beasts, at
public vendue, giving at least forty eight hours previous notice of such
sale, by advertisement to be set up at the said pound, and at the near-
est public place to the said pound; and out of the monies arising from
such sale, to pay the said damage, and retain in his hands his fees and
charges of feeding and keeping the same beasts, and of such sale, and
return the overplus to the owner of the same beasts. And if no such
owner shall appear and claim such overplus, within six calender months
after such sale, the same shall be paid to the overseers of the poor of
the city or town, where such beasts were impounded, for the use of the
poor of such city or town.
And be it furtlur enacted by the authority aforesaid^ That this act When act
shall take effect and be in force from and after the first day of April in eff^t.*
the year of our Lord one thousand seven hundred and eighty nine,
except with respect to the county of West Chester; and that with respect
to the said county it shall take effect within twenty days after the pass-
ing thereof.
CHAP. 65.
AN ACT for defraying the public and necessary charge in the
respective counties of this State.
Passed the 7th of March, 1788.
Be it enacted by the People of the State of New York^ represented in Assesa-
Senate and Assembly^ and it is hereby enacted by the authority of the same, JJ^^ ^^^
That the assessors of each respective city, town and place in every
county of this State, shall yearly and every year, as soon as conveniently
may be after they are chosen and qualified, proceed to enquire into the
value of the real and personal estate of every freeholder and inhabitant
within the city town or place, whereof they are assessors, and shall make
Vol. 2. — 97
770 LAWS OF NEW YORK. FChap. 6s.
out a true and exact list of the names of all the freeholders and inhabit-
ants of the respective cities, towns and places, for which they shall be
chosen assessors; and of such who have estates therein and do not reside
there; and opposite to the name of every such person shall set down the
real value of all his or her whole estate real and personal in the same
city, town or place, as near as they can discover the same; and shall set
down the value of the real estate of each person as aforesaid in one
column, and the value of the personal estate of each person as aforesaid
in another column of the same list or assessment, leaving room sufficient
opposite thereto to insert the sum each person is to pay ; and shall com-
. pleat and deliver the same list or assessment, signed by such assessors
or the major part of them to the supervisors of the county in which such
city, town or place is or shall be situated, or their clerk, on or before
the last Tuesday in May next after their election yearly and every year;
and if any assessor shall refuse or neglect to perform the duty hereby
required of him, every assessor so refusing or neglecting, shall forfeit
and pay for every such offence, the sum of twenty-five pounds, to be
sued for and recovered for the use of the county where such offence
shall be committed, with costs, in any court of record, by action of debt,
bill, plaint or information, and in the name of the supervisors of the
same county; and in every such action, suit or information, it shall be
sufficient for the plaintiffs to set forth, that the defendant at a certain
time and place became indebted to the supervisors of the said county,
in the said sum of twenty-five pounds, as a forfeiture incurred for refus-
ing and neglecting to perform the duty required of him by virtue of an
act, entitled "An act for defraying the public and necessary charge, in
the respective counties of this State," to be paid to the supervisors of
the said county, when he should be thereunto required, and to give the
special matter in evidence: And all such penalties, when recovered,
shall be applied to the use of the county where the ofifence was com-
mitted, in such manner and for such purposes, as the supervisors of the
same county for the time being shall direct and appoint.
Supervls- And be it further enacted by the authority aforesaid^ That the super-
Ing o"**'^ visors of each city, town and place, in each of the respective counties of
accounts, this State, shall yearly on the last Tuesday of May in every year, meet
together at the court house of the same county, and at such other time
or times and place or places, as they shall find and judge necessary and
convenient, and examine, oversee, settle and allow, all such accounts as
the same county is or shall be chargeable with; and examine, compute
and ascertain, what sum of money ought to be raised in the same county
in that year for the payment of such accounts, and for defraying the
Equaiiza- public and necessary contingent charges of the same county; and shall
tioD. ^^^ jQ ^l^g same, all such other sum and sums of money, as are or shall
be imposed or laid on the same county by any law of this State, and to
be raised in that year in the same county, and shall then fix and ascer-
tain by such ways and in such manner as they shall judge to be just and
• equitable, what proportion or how much of such whole sum then to be
' raised in the same county, ought to be raised and paid by each city,
town and place in the same county; and shall then add, to the sum so
to be raised and paid by each city, town and place in the same county,
the sum to be raised, in that year, by the same city town or place, for the
maintenance and support of the poor of the same city, town or place ;
Fixing and shall thereupon cause a computation to be made what each pound
SSea."' ®^ of the sum total of the valuation of the estates in each city, town or
place ought to pay off the sum so to be raised in the same city, town or
place, and cause the sum to be paid by each person to be inserted in the
Chap. 65.] ELEVENTH SESSION. 771
same lists or assessments opposite to his or her name ; and shall then Warrants
and before the first day of September in every year, transmit the list or ora^**®^*"
assessment of each city, town and place, so compleated to the collector
of the same city, town or place, with a warrant under their hands and
seals thereto annexed, commanding the same collector to collect of and
from all and every the person and persons named in the said list or
assessment, the several and respective sums mentioned and contained in
the Jast column of the said list or assessment, and opposite to their
respective names; and to pay such part thereof as shall h^ raised for the
maintenance* and support of the poor of the same city, town or place, to.
the overseers of the poor of the same city, town or place, and the resi-
due thereof to the treasurer of the county in which such city, town or
place is situated, on or before the first Tuesday of February then next.
And in case any person or persons shall refuse or neglect to pay the Distresa
sums, at which his, her or their estate or estates shall be rated or taxed pa"^^!
as aforesaid, the collector, to whom the same ought to be paid, shall be,
and hereby is authorized and required, to levy the same, by distress and
sale of the goods and chattels of the person or persons who ought to pay
the same ; and if the goods and chattels so distrained shall be sold for
more than the amount of such tax, and the charges of the distress and
sale, the overplus shall be returned to the owner of such goods and
chattels; and that a clause for this purpose shall be inserted in every
such warrant so to be sent to the respective collectors.
And be it further enacted by the authority aforesaid^ That the person Real e«-
in possession of any real estate, at the time any tax is to be collected, JJ^^f '*"
shall be liable to pay the tax imposed on such real estate; and in case
any other person, by agreement or otherwise, ought to pay such tax, the
possessor, who shall pay the same, shall and may recover the amount
thereof, from the person who ought to have paid the same. And further^
that where any land, meadow or real estate, is or shall be taxed, and no
goods or chattels shall be found thereon, whereof sufficient distress can
be made for the said tax, then and in every such case, it shall and may
be lawful for the collector who ought to collect the same tax, and he is
hereby authorized and required, to sell, at public vendue, giving at least
six days previous notice of such sale, by advertisement to be put up at
two or more public places in the same town, so much of the timber,
wood or grass, growing or being thereon, as shall be sufficient to pay the
said tax, with the charges of such advertisement and sale; and it shall
and may be lawful to and for the purchaser, his executors, administra-
tors and assigns, at any time within six months after such sale, to enter
upon such lands, meadow or real estate and to cut, take and carry away,
such timber, wood and grass, or in case such grass cannot be cut and
made into hay, then to use the same grass for pasture: Prmnded always^
that when it shall become necessary to sell timber or wood for the obtain-
ing such tax, six weeks notice in manner aforesaid, shall be given by the
collector. And every such collector is hereby directed and required to
pay, the sum in such warrant directed to be paid to the overseers of the
poor, out of the first monies he shall collect and receive. And if any
such collector shall neglect or refuse to pay the same, by the time in
such warrant mentioned, it shall and may be lawful for the overseers of
the poor, to whom the same ought to be paid, or their successor^ in
office, to recover the same, with costs of suit, in any court of record,
against such collector, his heirs, executors or administrators, in an action
of debt, in the name of the ** overseers of the poor " of the city or town,
for which they are or ^shall be chosen; and it shall be sufficient for the
plaintiff to set forth in the declaration, in any such suit, or action, that
772 ' LAWS OF NEW YORK. [Chap 65.
such collector, at the time he ought to have paid the said money became
indebted to the overseers of the poor of the city or town mentioned in
such warrant, in the sum thereby directed to be paid to them, by virtue
of an act entitled "An act for defraying the public and necessary charge
in the respective counties of this State," to be paid to the overseers of
the poor of the city or town aforesaid, when he should be thereunto
required, and to give the special matter in evidence; and no such suit
or action shall be abated or discontinued, by the death or by the expira-
tion of the office of such overseers of the poor, or any or either of them,
but the same shall or may be continued and prosecuted to effect, by the
survivors and successors in office of the same overseers. And if any
collector shall neglect or refuse to pay to the county treasurer, the
money directed by any such warrant to be paid to him, by the time
mentioned in such warrant, then and in every such case, the treasurer
of the same county, for the time being, is hereby authorized and required
to issue a warrant under his hand and seal, directed to the sheriff of the
county, commanding him to levy the same, or if a part is paid, so much
as such collector shall be deficient, of the lands and tenements, goods
and chattels, of such collector; and if the lands and tenements, goods
and chattels, of such collector, shall not be sufficient to pay the whole
sum directed to be levied, then to take such collector and confine him
in the common goal of the same county, without bail or mainprise, there
to remain until the deficiency shall be paid: And every sheriff to whom
any such warrant shall be directed and delivered, shall immediately
cause the same to be executed, and shall, within thirty days after receiv-
ing such warrant, make return thereof to the treasurer of the same
county, and pay to him the monies levied by virtue thereof, deducting
for his fees, six pence in the pound upon the sum so levied, and no
more. But in all cases where no goods or chattels can be found,
wheron to levy the tax imposed upon any person mentioned in any such
tax list or assessment, or not sufficient to pay the whole, the collector
shall not be charged with more than he shall or might have levied or
received. And every collector is hereby directed and required to deliver
a true account, upon oath, of all such deficiencies to the county treas-
urer, at the time he is or shall be directed to make such payment to such
county treasurer ; and if any collector shall neglect or refuse to deliver
such account, such collector shall be accountable for the whole sum by
him to be collected ; and the county treasurer shall deliver all such
accounts of deficiencies to the supervisors of the same county, at their
next meeting, after he shall have received the same; and each collector
shall have and retain for his service, out of the monies by him collected,
one shilling for every twenty shillings he shall collect, and no more.
Qerk of And be it further enacted by the authority aforesaid^ That it shall and
supervisors j^^y ^^ lawful for the supervisors of each county respectively to appoint
some suitable and proper person to be their clerk, who shall be called
the clerk of the supervisors of the county for which he shall be appointed,
and shall hold his office during the pleasure of the supervisors of the
same county, and shall have such allowance for his services, as' the
supervisors of the same county shall, from time to time, think proper to
appoint and allow: And such allowance and the necessary charges of
the supervisors at their respective meetings shall be considered, raised
and levied, as part of the public and necessary contingent charge of
the same county.
County And be it further enacted by the authority aforesaid^ That the super-
treasurer. yjgQ,.g ^f ^^^ county respectively, shall be, and hereby are authorised
and required to appoint some reputable freeholder of the same county,
Chap. 65.] ELEVENTH SESSION. 773
to be treasurer oi the same county, who shall hold his office during the
pleasure of the supervisors of the same county, and shall receive all such
moneys as shall be raised in the same county, for defraying the public
and necessary charge of the same county, or for the use and service of
the government of this State. And all such monies as shall come into
liis hands for defraying the public and necessary charges of the same
county, shall be applied and paid by him to such persons and in such
manner as the supervisors of the same county, for the time being, shall
\>y order entered in their books, or by warrant or warrants under their
hands and seals, from time to time, direct ; and all such monies as shall
come into his hands, for the use or service of the government of this
State, shall be paid by him, to the treasurer of this State for the time
being, at such times as shall be directed by the laws, by virtue whereof
the same monies shall be raised or come into the hands of such county
treasurer. And the treasurer of each county shall keep just, true and
distinct accounts, of the receipts, disbursements and payments, of all
monies which shall come into his hands as treasurer of the county, and
enter the same in a book or books to be kept for that purpose, and once
in every year, at the annual meeting of the supervisors of the same
county, or at such other tjme as they shall direct, shall bring in and
exhibit all such books and accounts and all the vouchers relating to the
same to them, for their examination and audit thereof; and the treas-
urer of each county, and the executors and administrators of such
treasurer, shall be and hereby is and are made liable to an action of
account to the supervisors of the same county, for all monies which
shall come into his hands as treasurer of the same county; and every
such treasurer, and his executors and administrators, shall and may plead
and discharge himself and themselves, in such manner as other receivers
or bailiffs may, can or ought to do, by law : And the supervisors of
each county for the time being shall be, and hereby are, impowered to
sue, prosecute and maintain, such actions of account for the use of their
county, in the name of the supervisors of the same county. And further y
that each county treasurer shall have and retain, for his services, three
pence for every twenty shillings which he shall receive and pay, to wit,
one penny half penny for receiving, and one penny half penny for payirtg.
And be it further enacted by the authority aforesaid^ That every county id.
treasurer in each respective county, as soon after he shall be appointed,
as conveniently may be, and before he enter upon the business of his
office, shall enter into a bond or obligation, with sufficient security, to.
the supervisors of the county of which he is appointed treasurer, in such
sum as the supervisors of the same county, for the time being, shall think
proper and direct, with condition well and faithfully to execute the office
of treasurer of the same county, and to pay all such monies as shall
come to his hands, as treasurer of the same county, according to law ;
and to render a just and true account thereof to the supervisors of the
same coanty, when thereunto required. And if any treasurer of any
county shall not comply with the condition of such bond or obligation,
it shall and may be lawful for the supervisors of the same county for the
time being, to commence and prosecute an action or actions of debt on
such bond, in any court of record, in the name of the supervisors of such
county, against the obligors in the same bond, or either of them, or the
heirs, executors, or administrators of all, or any, or either of them. And
all monies recovered upon any such bond or obligation shall be applied
towards defraying the public and necessary charge of the same county,
in such manner as the supervisors of the same county, for the tim6
being, shall direct.
774
LAWS OF NEW YORK.
[Chap. 65*
meDt of
unpaid
taxes.
County
treaaurer;
vacancy.
Majority of
supervisors
at annual
meettng
toad.
Aftd be it further enacted by the authority aforesaiii. That the super-
visors of each county respectively, shall, yearly and every year, before
they ascertain the amount of the taxes to be raised in the same county
in that year, carefully examine, what sums remain unpaid of taxes
before laid or assessed; and where they find any sum or sums of
money on any such tax uncollected, and that the person or persons,
estate or estates, charged with the same, is or are sufficient to pay the
same, they shall issue their warrant 01 warrants, under their hands and
seals, to the collectors of the respective cities and towns for the time
being, where such sums remain unpaid, for the collection thereof; and
every collector to whom any such warrant shall be directed, is hereby
authorised and required to levy and collect all such sums in such war-
rant specified, in the same manner, and under the same penalties, as he
is or shall be authorised and required to levy and collect the taxes for
the public and necessary charge of the same county; and shall pay the
same to the treasurer of the same county, at such time as shall be speci-
fied in the same warrant. And if any collector shall neglect his duty
herein, he shall be chargeable with the amount of the monies directed
to be levied and collected; and where the said supervisors shall find
that any deficiency of any of the said taxes has happened in any city
town or place, by the insolvency or the want of goods and chattels
whereon to levy the said tax, of any person or persons upon whom the
same was charged, or by the insolvency of the collector, or otherwise,
they shall add such deficiency to, and cause the same to be raised with
and as part of the tax to be laid on the same city, town or place. And
in every such case the county treasurer shall credit and apply the first
moneys he shall receive on such tax, from such city, town or place, to
the payment and discharge of such deficiency.
And be it further enacted by the authority aforesaid^ That upon the
death, resignation or removal from office, of any county treasurer, all
the books and papers belonging to the same office, shall be delivered to
his successor in office, upon the oath of the preceding treasurer, or in
case of his death, upon the oath of his executors or administrators; and
if any such preceeding treasurer, or his executors or administrators, shall
refuse or neglect to deliver the same, upon oath as aforesaid, being law-
fully demanded, every such person shall forfeit and pay, for every such
refusal or neglect, the sum of five hundred pounds, to be recovered ^^-ith
costs of suit, by the supervisors of the same county for the time being,
for the use of the same county, in the name of the supervisors of such
county, by action of debt, bill, plaint or information, in any court of
record; and in every such action, suit or information, it shall be suffi-
cient for the plaintiffs to set forth, that the defendant, on the day such
demand was made, became indebted to the supervisors of such county
in the sum of ?i\t hundred pounds, as a forfeiture for refusing and neg-
lecting to deliver up the books and papers belonging to the office of
treasurer of such county, according to the form of an act entitled **An
act for defraying the public and necessary charge in the respective
counties of this State," to be paid to the supervisors of the same county
for the time being, when he should be thereunto required, and to give
the special matter in evidence.
And be it further enacted by the authority aforesaid^ That the major
part of the supervisors of any county being met together, at their annual
meeting, or at any other meeting of the supervisors of the same county,
shall be deemed a legal meeting of the supervisors of the same county,,
and it shall and may be lawful for such major part of them so met
together, and they shall be and hereby are authorized and required to
Chap. 65.] ELEVENTH SESSION. 775
do, execute and perform all and every matter and thing, which the
supervisors of the same county are by this act authorised or required
to do, execute and perform, as fully in every respect, as if all the super-
visors of the same county had attended at such meeting; and all ques-
tions which may arise at any such meeting shall be determined accord-
ing to the judgment and opinion of the major part of the supervisors
attending at such meeting^. And further^ that no action or suit to be
commenced or prosecuted by the supervisors of any county, by virtue
or in pursuance of this act, shall be abated or discontinued, by the
death or the expiration of the office of such supervisors, or any or
either of them, but shall and may be continued and prosecuted to effect,
by the survivors and successors in office of the same surpervisors.
And be it further enacted by the authority aforesaid^ That every Pament
county treasurer, shall yearly, on or before the first day of March in treaaliwa
every year, pay to the treasurer of this State all such monies as he shall
have received for taxes imposed on such county, for the use or service
of the government of this State, and deliver to the treasurer of this State,
an account, on oath, of all such warrants as he shall have issued against
any collector or collectors, and for what sums; and in case any county
treasurer shajl not pay the monies by him received as aforesaid, by the
time aforesaid, or shall not deliver such accounts, on oath, to the treas-
urer of this State as aforesaid, or shall not, in case of default of any
collector, issue his warrant as aforesaid, then and in every such case, ti
shall and may be lawful for the treasurer of this State for the time being
and he is hereby authorised directed and required, to proceed against
such county treasurer, in like as the county treasurers are by this act
authorised and required to proceed against delinquent collectors.
And be it further enacted by the authority aforesaid^ That if any super- Penalty for
visor or supervisors shall neglect or refuse to perform any of the duties ST^rvtoops
required of him or them by this act, every supervisor so neglecting or
refusing, shall, for every such offence, forfeit to the people of this State,
the sum of one hundred pounds, to be recovered, with costs, in any
court of record, by action of debt, bill, plaint or information, by the
treasurer of this State, by and in the name of the treasurer of the State
of New York; and in every such action, suit or information, it shall be
sufficient for the plaintiff to set forth" that the defendant at a certain
time and place became indebted to the treasurer of the State of New
York, in the sum of one hundred pounds, as a forfeiture incurred, for
refusing and neglecting to perform the duties required of him by virtue
of an act entitled "An act for defraying of the public and necessary
charge in the respective counties of this State " to be paid to the treas-
urer of the State of New York, for the time being, when he should be
thereunto required, and to give the special matter in evidence. And
no such action, suit or information, shall be abated or discontinued, by
the death of the treasurer, or by his resignation or removal from office;
but shall and may be continued and prosecuted to effect, by his succes-
sor in office. All which penalties when recovered shall remain in the
treasury of this State subject to the order of the legislature.
And be it furtJier enacted by the authority aforesaid^ That this act shall New York
not extend to the city and county of New York. empted.
And be it further enacted by the authority aforesaid^ That this act shall When act
ta|ce effect and be in force from and after the first day of April which ^^^^
will be in the year of our Lord one thousand seven hundred and eighty
nine.
776 LAWS OF NEW YORK. [Chap. 67.
CHAP. 66.
AN ACT to enable the corporation of Trinity church in the city
of New York to assume the name therein mentioned.
Passed the loth of March, 1788.
Preamble. WHEREAS the corporation of Trinity church in the city of New York,
were by an act of the legislature of the late Colony of New York, passed
the twenty seventh day of June, in the year one thousand seven hun-
dred and four, enabled to sue and be sued, plead and be impleaded,
answer and be answered unto, defend and be defended, by the name of
'* the rector and inhabitants of the city of New York, in communion of
the Church of England as by law established;" and whereas the said
act was repealed by the legislature of this State, on the seventeenth day
of April, in the year one thousand seven hundred and eighty four, but
the said corporation have continued to use the name therein speciBed;
and by their humble petition to the legislature of this State, have prayed
that they might be enabled to assume and use the name of " The Rector
and Inhabitants of the City of New York, in Communion of the Pro-
testant Episcopal Church in the State of New York."
Change of Therefore^ be it enacted by the People of the State of New York, rep-
Trinfty' resented in Senate and Assembly^ and it is hereby enacted by the authority
church, of the same^ That the said corporation shall and may, from and imme-
' diately after the passing of this act, take and use the name of the Rector
and inhabitants of the city of New York, in communion of the Protest-
ant Episcopal church in the State of New York, and by the same name
shall be capable to sue and be sued, plead and be impleaded, answer and
be answered unto, defend and be defended; and that all grants, deeds
and conveyances made to or by the said corporation, between the said
seventeenth day of April, in the year one thousand seven hundred and
eighty four, and the passing of this act, wherein they are named or
mentioned, by the name of the Rector and Inhabitants of the city of
New York, in communion of the Church of England as by law estab-
lished, or any other name or names, shall be good, valid and effectual
in the law, in like manner as they would have been, if the said act passed
the twenty seventh day of June in the year one thousand seven hundred
and four, had never been repealed, or as they would respectively have
been, if the said corporation had been properly named in such grants,
deeds, or conveyances.
CHAP. 67.
AN ACT for the more effectual collection of taxes, in the city
and county of New York.
Passed the nth of March, 1788.
Be it enacted by the People of the State of New York, represented in
Sxes^New •^'^^^ ^^^ Assembly, and it is hereby enacted by the authority of the same^
York city. That the assessors of each respective ward in the city of New York,
shall yearly, between the fifteenth day of May and the first day of July
in every year, proceed to inquire into the value of the real and personal
estate, of every freeholder, inhabitant and resident within the ward.
Chap. 67.J ELEVENTH SESSION. 777
whereof they are assessors, and shall make out a true and exact list of
the names of all the freeholders, inhabitants and residents, of the respect-
ive wards, for which they are or shall be chosen assessors, and of such
who have estates therein and do not reside there; and opposite to the
name of every such person, shall set down the real value of all his or
her whole estate, real and personal, in the same ward, as near as they
can discover the same; and shall set down the value of the real estate
of each person as aforesaid in one column, and the value of the per-
sonal estate of each person as aforesaid, in another column of the same
list or assessment, leaving room sufficient opposite thereto, to insert the
sum each person is to pay; and shall complete and deliver the same
list or assessment, signed by such assessors, to the mayor, recorder and
aldermen of the said city, or in the clerks office of the said city, on or
before the first Monday in July, yearly and every year; and if any
assessor shall refuse or neglect to perform the duty hereby required of
him, every assessor so refusing or neglecting, shall forfeit and pay, for
every such offence, the sum of twenty five pounds, to be sued for and
recovered with costs of suit, for the use of the city and county of New
York, in any court of record, by action of debt, bill or plaint, by and in
the name of the treasurer or chamberlain of the said city: And in
every such action or suit it shall be sufficient for the plaintiff to set
forth, that the defendant at a certain time and place, became indebted
to the treasurer or chamberlain of the said city in the said sum of
twenty five pounds, as a forfeiture incurred for refusing and neglecting
to perform the duty required of him by virtue of an act, entitled " An
act for the more effectual collection of taxes in the city and county of
New York," to be paid to the treasurer or chamberlain of the said city,
when he should be thereunto required, and to give the special matter in
evidence. And no such action or suit shall be abated or discontinued,
by the death of the treasurer or chamberlain of the said city, or by his
resignation or removal from office ; but shall and may be continued and
prosecuted to effect, by his successor in office. And all such penalties,
when recovered shall be applied to the use of the said city and county,
in the manner herein after mentioned.
And be it further enacted by the authority aforesaid^ That the mayor. Mayor, re-
recorder and aldermen of the said city, shall yearly, on the second Tues- afdennen^
day in July, in every year, meet together at the city-hall of the said city, jo direct
and at such other times and places, as they shall find and judge neces- tu^s!
sary and convenient; and examine, compute and ascertain what sum
and sums of money is or are imposed or laid on the same city and
county, by any law or laws of this State, and to be raised in that year
in the same city and county, for the maintenance of the poor, and for
defraying the other contingent expences arising in the said city and
county, or for any other purposes in the said city and county, or for the *
use or service of the government of this State ; and shall then fix and
ascertain, by such ways and in such manner as they shall judge to be
just and equitable, what proportion or how much, of such whole sum
then to be raised in the same city and county ought to be raised and
paid, by each ward in the same city; and shall thereupon cause a com-
putation to be made, what each pound, of the sum total of the valuation
of the estates in each ward ought to pay, of the sum so to be raised in the
same ward, and cause the sum to be paid by each person to be inserted
in the same list or assessment, opposite to his or her name; and shall,
immediately after the fourteenth day of October in every year, cause
the list or assessment of each ward, so compleated to be delivered to the
collector of the same ward, with a warrant under their hands and seals
Vol. 2.-98
778
LAWS OF NEW YORK.
[Chap. 67,
CoUeution
of taxes.
Proceed-
togs to
compel
EaymeDt
y col-
lector.
thereto annexed, commanding the same collector, to collect of and from
all and every the person and persons named in the said list or assess-
ment, the several and respective sums mentioned and contained in the
last column of the said list or assessment, and opposite to their respec-
tive names, and to pay the monies which shall by virtue of such warrant
be raised in such respective ward, to the treasurer or chamberlain of
the said city, on or before the third Tuesday in February then next.
And in case any person or persons shall refuse or neglect to pay the
sums at which his, her or their estate or estates shall be rated or taxed
as aforesaid, the collector, to whom the same ought to be paid, shall be
and hereby is authorised and required, to levy the same, by distress and
sale of the goods and chattels of the person or persons who ought to pay
the same: And if the goods and chattels so distrained shall be sold for
more than the amount of such tax, and the charges of the distress and
sale ; the overplus shall be returned to the owner of such goods and
chattels; and that a clause for this purpose shall be inserted in every
such warrant, so to be delivered to the respective collectors.
And be it further enacted by the authority aforesaid, That the person or
persons in possession of any house or other real estate, at the time any
tax is to be collected, shall be liable to pay the tax on such house, or
other real estate; and in case of non payment of such tax, by the per-
son or persons in possession of such house or other real estate, and in
case of want of sufficient goods and chattels on the premisses, whereof
the same can be levied by distress, as aforesaid, that then it shall and
may be lawful to and for such collector to require and demand the said
tax, of and from the person who shall be named in such list or assess-
ment, as the owner or proprietor of such house or other real estate, in
whatsoever ward of the said city, he or she may reside; and in case of
non payment thereof, to levy the same by distress and sale of the goods
and chattels of such owner, rendering the overplus, if any there be, after
deducting such tax and the charges of such distress and sale, to the
owner thereof. And' in case any other person than the person paying
such tax, by agreement or otherwise, ought to pay such tax, the posses-
sor or other person, who shall pay the same, shall and may retain or
recover the amount thereof, from the person who ought to have paid the
same.
And be it further enacted by the authority aforesaid^ That if the collec-
tor of any ward in the said city shall neglect or refuse to pay the monies
by such warrant directed to be by him collected and paid, by the time
in such warrant mentioned, then and in every such case the treasurer
or chamberlain of the said city, for the time being, is hereby authorised
and required, to issue a warrant under his hand and seal, directed to the
sheriff of the said city and county, commanding him to levy the same,
or if a part is paid, so much as such collector shall be deficient, of the
goods and chattels, lands and tenements of such collector; and if the
goods and chattels, lands and tenements of such collector, shall not be
sufficient to pay the whole sum directed to be levied, then to take such
collector and confine him in the common gaol of the said city and
county, without bail or mainprise, there to remain until such tax or the
deficiency thereof shall be paid: And every sheriff to whom any such
warrant shall be directed and delivered shall immediately cause the same
to be executed, and shall, within thirty days after receiving such war-
rant, make return thereof to the treasurer or chamberlain of the said
city, and pay to him the monies levied by virtue thereof, deducting for
his fees, six pence in the pound upon the sum so levied, and no more.
But in all cases where no goods or chattels can be found, whereon to
Chap. 67.] ELEVENTH SESSION. 779
levy the tax imposed upon any person mentioned in any such tax list or
assessment, or not sufficient to pay the whole, the collector shall not be
charged with more than he shall or might have levied or received. And
every collector is hereby directed and required to deliver a true account,
upon oath, of all such deficiencies to the treasurer or chamberlain of the
said city, at the time he is or shall be directed to make such payment to
the said treasurer or chamberlain; and if any collector shall neglect or
refuse to deliver such account, such collector shall be accountable for
the whole sum by him to be collected; and the treasurer or chamber-
lain shall deliver all such accounts of deficiencies to the mayor recor-
der and aldermen of the said city, at their next meeting, after he shall
have received the same, or into the clerks office of the same city: And
each collector shall have and retain for his service, out of the monies by
him collected, six pence for every twenty shillings he shall collect, and
no more.
And be it further enacted by the authority aforesaid^ That the treasurer Treasurer,
or chamberlain of the said city for the time being, shall receive all such e^t^be"
monies as shall be raised in the same city and county for the maintain- applied by.
ance of the poor, and for defraying the other contingent expences in the
said city and county, or for any other purposes in the said city and
county, or for the use or service of the government of this State. And
all such monies as shall come into his hands for the maintenance of the
poor, and for defraying the other contingent expences in the said city
and county, or for any other purposes in the said city and county, shall
be disposed of in manner herein after mentioned. And all such monies
as shall come into his hands, for the use or service of the government of
this State, shall be paid by him, to the treasurer of this State, for the
time being, at such times as shall be directed by the laws, by virtue
whereof the same monies shall be raised or come into the hands of the
treasurer or chamberlain of the said city. And the said treasurer or
chamberlain, shall keep just, true and distinct accounts, of the receipts,
disbursements and payments, of all monies which shall come into his
hands, as treasurer and chamberlain of the said city, by virtue of any
law of this State, and enter the same in a book or books to be kept for
that purpose; and once in every year, between the twenty ninth day of
September, and the fourteenth day of October in every year, and at such
other times and places, as the said mayor, recorder and aldermen shall
direct, shall bring in and exhibit all such books and accounts, and all
the vouchers relating thereto, to them for their examination and audit
thereof. And further^ the treasurer or chamberlain of the said city for
the time being, and the executors and administrators of such treasurer
or chamberlain, shall be, and hereby is and are, made liable to an action
of account, to the mayor aldermen and commonalty of the city of New
York, for all monies which shall come into his hands as treasurer or
chamberlain of the said city. And every such treasurer, and his execu-
tors and administrators, shall and may plead and discharge himself and
themselves, in such manner as other receivers or bailiffs, may, can or
ought to do, by law: And the mayor, aldermen and commonalty of the
said city, shall be, and hereby are impowered to sue, prosecute and
maintain such actions of account, for the use of the city and county of
New York. And further ^ every treasurer or chamberlain of the said
city, for the time being, shall have and retain, for his services, two pence
for every twenty shillings he shall receive and pay, to wit, one penny for
receiving, and one penny for paying.
And be it further enacted by the authority aforesaid^ That every treas Bond to be
urer or chamberlain of the said city for the time being, as soon after he treaSirer.
780 LAWS OF NEW YORK. [Chap. 67.
shall be appointed as conveniently may be, and before he enter upon
the business of his office, shall enter into a bond, or obligation with
sufficient sureties, to the mayor, aldermen and commonalty of the city
of New York, in such sum as the mayor, recorder and aldermen for the
time being shall think proper and direct; with condition well and faith-
fully to execute the office of treasurer or chamberlain of the same city,
and to pay all such monies as shall come into his hands as treasurer or
chamberlain of the said city, by virtue of any law of this State, accord-
ing to law; and to render a just and true account thereof, to the mayor,
recorder and aldermen of the said ^ity when thereunto required. And
if any treasurer or chamberlain of the said city, shall not comply with
the condition of such bond or obligation, it shall and may be lawful for
the mayor, aldermen and commonalty of the said city, to commence and
prosecute, an action or actions 0/ debt, on such bond, in any court of
record, against the obligors in the same bond, or any, or either of them,
or the heirs, executors or administrators, of all, or any, or either of them.
And all monies recovered upon any such bond or obligation, shall be
applied towards the defraying the contingent expences of the said city
and county, in manner hereafter mentioned.
Arrears of And be it further enacted by the authority aforesaid. That the mayor,
rea^ss- recorder and aldermen of the said city for the time being, shall yearly
ment of. and every year, before they ascertain the amount of the taxes to be
raised in the same city and county, in that year, carefully examine, what
sums remain unpaid of taxes before laid or assessed; and where they
find any sum or sums of money on any tax uncollected, and that the
person or persons, estate or estates charged with the same, is or are
sufficient to pay the same, they shall issue their warrant or warrants,
under their hands and seals, to the collectors of their respective wards,
for the time being, where such sums remain unpaid, for the collection
thereof: And every collector to whom any such warrant shall be
directed, is hereby authorized and required to levy and collect all such
sums in such warrant specified, in the same manner and under the same
penalties, as in this act are above directed and provided with respect to .
other taxes; and shall pay the same to the treasurer or chamberlain of
the said city, at such time as shall be specified in the same warrant
And if any collector shall neglect his duty herein, he shall be charge-
able with the amount of the monies directed to be levied and collected
by him: And where the said mayor, recorder and aldermen shall find,
that the deficiency of any taxes has happened in any ward, by the insol-
vency, or the want of goods and chattels, whereon to levy the said tax,
of any person or persons upon whom the same was charged, or by the
insolvency of the collector, or otherwise, they shall add such deficiency
to, and cause the same to be raised with, and as part of the tax to be
laid on the same ward: And in every such case the treasurer or cham-
berlain of the said city for the time being, shall credit and apply the
first monies he shall receive on such tax, from such ward, to the pay-
ment and discharge of such deficiency.
Vacancy in And be it further enacted by the authority aforesaid^ That upon the
ofliceof (ieath, resignation or removal from office, of the treasurer or chamber-
lain of the said city, for the time being, all the books and papers belong-
ing to the same office, shall be delivered to his successor in office, upon
the oath of the preceding treasurer or chamberlain, or in case of his
death, upon the oath of his executors, or administrators ; and if any such
preceding treasurer, or his executors or administrators shall refuse or
neglect to deliver the same, upon oath, as aforesaid, being lawfully
demanded, every such person shall forfeit and pay, for every such refusal
treasurer.
Chap. 67.J ELEVENTH SESSION. 781
or neglect, the sum of five hundred pounds, to be recovered, with costs
of suit, by and in the name of the mayor, aldermen and commonalty of
the said city, for the use of the said city and county of New York, by
action of debt, bill or plaint, in any court of record; and in every such
action or suit it shall be sufficient for the plaintiff to set forth, that the
defendant on the day such demand was made, became indebted to the
mayor, aldermen and commonalty of the said city, in the sum of five
hundred pounds, as a forfeiture for refusing and neglecting to deliver up
the books and papers belonging to the office of treasurer or chamberlain
of the city of New York, according to the form of an act entitled, "An
act for the more effectual collection of taxes in the city and county of
New York," to be paid to the mayor, aldermen and commonalty of the
said city, when he should be thereunto required, and to give the special
matter in evidence.
And be it further enacted by the authority aforesaidy That it shall and Majority of
may be lawful for the mayor, recorder and aldermen of the said city, for may'act"
the time being, or any five or more of them, (of whom the mayor or
recorder always to be one) to do execute and perform all and every act,
matter and thing, which the mayor, recorder and aldermen of the said
city, for the time being, are by this act authorized or required to do,
execute and perform; and all questions which may arise at any meeting,
shall be determined according to the judgment and opinion of the major
part of them the said mayor, recorder and aldermen of the said city,
attending at such meeting.
And be it further enacted by the authority aforesaid^ That the treas- Payments
urer or chamberlain of the said city, shall yearly, on or before the first ^^^^
day of March in every year, pay to the treasurer of this State, all such
monies as he shall have received for taxes imposed on the city and
county of New York, for the use or service of the government of this
State; and also deliver to the treasurer of this State, an account on oath,
of all such warrants, as he shall have issued against any collector or col-
lectors, and for what sums: And in case such treasurer or chamberlain *
shall not pay the monies by him received as aforesaid, by the time afore-
said, or shall not deliver such account, on oath, to the treasurer of this
State, as aforesaid, or shall not, in case of default of any collector, issue
his warrant as aforesaid, then and in every such case, it shall and may
be lawful for the treasurer of this Stat^, for the time time being, and he
is hereby authorized, directed and required, to proceed against such
treasurer or chamberlain of the said city, in like manner as the said
treasurer or chamberlain is, in and by this act, authorized and required,
to proceed against delinquent collectors.
And be it further enacted by the authority aforesaidy That if the mayor. Penalty for
recorder or any alderman of the said city, for the time being, shall neg- ^^^^ ^'
lect or refuse to perform any of the duties required of him by this act, duties,
every person so neglecting or refusing, shall, fqr every such offence,
forfeit to the people of this State, the sum of one hundred pounds, to
be recovered, with costs, in any court of record, by action of debt, bill
or plaint, by the treasurer of this State, by and in the name of the treas-
urer of the State of New York ; and in every such action or suit it shall
be sufficient for the plaintiff to set forth, that the defendant, at a certain
time and place, became indebted to the treasurer of the State of New
York, in the sum of one hundred pounds, as a forfeiture incurred for
refusing and neglecting to perform the duties required of him, by virtue
of an act, entitled, "An act for the more effectual collection of taxes in
the city and county of New York," to be paid to the treasurer of the
State of New York, for the time being, when he should be thereunto
782 LAWS OF NEW YORK. [Chap. 68,
required, and to give the special matter in evidence. And no such
action, suit or information, shall be abated or discontinued, by the death
of the treasurer, or by his resignation or removal from office; but shall
and may be continued and prosecuted to effect, by his successor in
office. All which penalties last mentioned, when recovered, shall remain
the treasury of this State, subject to the order of the legislature.
AppUoa- And be it further enacted by the authority aforesaid^ That all such
moneys monies as shall come into the hands of the treasurer or chamberlain of
received the said city, for the time being, for the maintenance of the poor, and
treaauiy. ^or defraying the other contingent expences in the city and county of
New York, or for any other purposes in the said city and county, or for
any penalties or forfeitures incurred by virtue of this act, and appropri-
ated hereby to the use of the said city and county, shall be applied or
paid by him, to such persons and in such manner, as the mayor, alder-
men and commonalty of the said city, in common council convened,
by warrant under the hand of the mayor or recorder of the said city,
for the time being, presiding in such common council, shall from time
to time direct and appoint.
Accounts And be it furtJur enacted by the authority aforesaid^ That the treas-
urerfpub- ^^^^ ^^ chamberlain of the said city, for the time being, shall yearly, on
lioation of. the first Monday in November in every year, publish a state of all mon-
ies received by him for the use of the said city and county as aforesaid,
and of the sums and purposes mentioned in each warrant drawn upon
him as aforesaid, in one or more of the public newspapers printed in the
said city of New York.
CHAP. 68.
AN ACT to enable the mayor, recorder and aldermen of the city
of New York to order the raising monies by tax for the main-
tenance of the poor, and for defraying the other contingent
expences arising in the city and county of New York.
Passed the nth of March» 1788.
TkxlevTof Be it enacted by the People of the State of Neav York^ represented in
T^kdiy^ Senate and Assembly^ and it is hereby enacted by the authority of the same.
That the mayor, recorder and aldermen of the city of New York, or the
major part of them, (of whom the mayor or recorder to be one) shall be,
and hereby are, fully authorised and empowered, as soon as conven-
iently may be after the passing of this act, to order the raising the sum
of six thousand pounds by a tax, on the estates real and personal of the
freeholders and inhabitants within the city and county of New York, to
be applied to the support and maintenance of the poor of the said city
and county, the Bridewell, and the criminals from time to time confined
in the prison of the said city and county, and to the repairing and
maintaining the public roads and cleaning and improving the streets
within the said city and county; and also a further sum of four thou-
sand pounds, by a tax on the estates real and personal of the freehold-
ers and inhabitants within the said city, on the south side of a line
beginning at the outlet of the meadow of Leonard Lispenard Esquire,
into Hudsons river; thence to and along the north side of the dwelling
house of Nicholas Bayard Esquire; thence to and along north side of
the dwelling house of Morgan Lewis Esquire, and thence to and along
the north side of the dwelling house of Abraham Cannon, to the East
Chap. 69.] ELEVENTH SESSION. 783
river, to be applied to the pa)rment of so many watchmen, as the mayor
aldermen and commonalitjr of the said city, in common council convened,
shall, think necessary for guarding the said city ; and also the purchas-
ing of oil, providing lamps and repairing and attending the lamps,
which now are or hereafter may be erected within the said city; which
said several sums above mentioned, shall be rated and assessed, accord-
ing to the estate of each respective person so to be taxed, and collected
in one payment, and paid into the hands of the treasurer and chamber-
lain of the said city, at such time as the said mayor, recorder and alder-
men, or the major part of them, shall direct and appoint.
And be it further enacted by the authority aforesaid^ That if the said Maoner of
mayor, recorder and aldermen, shall find any deficiency in any ward of ^^^y*"*****
any of the monies directed to be raised by the law entitled, "An act to
enable the mayor; recorder and aldermen of the city of New York to
order the raising monies by tax, for the maintenance of the poor, and
for defraying the other contingent expences arising in the same city and
county and for other purposes," passed the twenty sixth day of March
in the year one thousand seven hundred and eighty seven, shall have
happened by the insolvency, or the want of goods and chattels whereon
to levy the said tax, of any person or persons in such ward, on whom
the same was assessed, they shall add such deficiency to the tax by this
act directed to be raised, and lay the same upon such ward.
And be it further enacted by the authority aforesaid^ That it shall and Fees of
may be lawful for the collectors in the several wards of the said city to a^i^^i?'
retain in their own hands the sum of six pence in the pound, and no lectors,
more, for their trouble in collecting and paying the monies by this act
directed to be raised, to the treasurer or chamberlain of the said city.
And further^ that it shall and may be lawful for the treasurer or cham-
berlain of the same city, to retain in his own hands the sum of two
pence in the pound, and no more, for his trouble in receiving and pay-
ing out the monies aforesaid.
CHAP. 69.
AN ACT for building a gaol, and repairing the court house in
the city and county of Albany
Passed the nth of March. 1788.
Whereas the court house and gaol in the city and county of Albany, Preamble,
has by experience been found inadequate to the custody of prisoners
there commited.
Be it enacted by the People of the State of New York^ represented in Tax levy in
Senate and Assembly ^ aftd it is hereby enacted by the authority of the same, ^luru^ ^^^
That the supervisors of the said city and county of Albany, for the time house and
being, shall be, and they are hereby authorised and required, to direct ^*'*'
to be raised and levied, on the freeholders and inhabitants of the said
city and county, the sum of two thousand pounds, for building a gaol,
and repairing the court house in the said city and county, with an addi-
tional sum of nine pence in the pound, for collecting the same; which
said sums shall be raised, levied and collected, at the same time, and in
like manner, as the other necessary and contingent charges of the said
city and county, are levied and collected.
And be it further enacted by the authority aforesaid, That the one half Time of
part of the said sum of two thousand pounds, shall be collected and paid P^y™®**'*
784 LAWS OF NEW YORK. [Chap. 70.
into the treasury of the said city and county, on or before the first day
of November next, and the other half part thereof on or before the first
day of November one thousand seven hundred and eighty nine.
Jail, where And be it further enacted by the authority aforesaid^ That the said
^* gaol, for the said city and county of Albany, shall be built on such lot
of ground or place in the said city of Albany, as the persons herein after
named, together with the mayor, aldermen and commonalty of the said
city, or the majority of them, shall direct.
Com mis- And be it further enacted by the authority aforesaid^ That it shall and
erect™ ^^ roay be lawful for Philip Schuyler, Araham Ten Broeck, Tunis Ts. Van
Vechten, Leonard Bronck, John Van Renselaer, John Younglove, James
Gordon, Stephen Van Renselaer, and Abraham Oothoudt Esquires,
and the mayor and recorder of the said city for the time being, or
a majority of them, and it is hereby made the duty of the said Philip
Schuyler, Abraham Ten Broeck, Tunis Ts. Van Vechten, Leonard
Bronck, John Van Renselaer, John Younglove, James Gordon, Stephen
Van Renselaer, and Abraham Oothoudt Esquires, and the mayor and
recorder of the said qjty for the time being, to superintend and direct
the building and erecting the said gaol, and repairing the said court
house, in the said city and county, by virtue of this act, in such man-
ner as shall appear to them to be most eligible, consistent with good
oeconomy and the interest of the said city and county. And that the
said Philip Schuyler, Abraham Ten Broeck, Tunis Ts. Van Vechten,
Leonard Bronck, John Van Renselaer John Younglove, James Gordon,
Stephen Van Renselaer, Abraham Oothoudt, and the mayor and recorder
of the said city for the time being, or a majority of them, shall and may
contract with workmen, purchase materials, and employ an overseer or
overseers of such workmen, and from time to time, draw upon the treas-
urer of the said city and county, for such sums of money, for the pur-
poses aforesaid, as shall come into the said treasury by virtue of this
act. And the said treasurer is hereby required, out of the monies afore-
said, to pay to the order of the said Philip Schuyler, Abraham Ten
Broeck, Tunis Ts. Van Vechten, Leonard Bronk, John Van Renselaer,
John Younglove, James Gordon, Stephen Van Renselaer, Abraham
Oothout, and the mayor and recorder of the said city, for the time being,
or a majority of them, the several sums of money to be by them drawn
for. And it is hereby made the duty of the said Philip Schuyler,
Abraham Ten Broeck Tunis Ts. Van Vechten, Leonard Bronck, John
Van Renselaer, John Younglove, James Gordon, Stephen Van Rense-
laer, Abraham Oothoudt, and the mayor and recorder of the said city,
for the time being, to account with the supervisors of the said city and
county, for the monies by them to be received and expended for the
purposes aforesaid, when thereunto required.
CHAP. 70.
AN ACT to enable the mayor, aldermen and commonalty of the
city of Albany, in common council convened, to order the rais-
ing monies by tax, for the purposes therein mentioned.
Passed the nth of March, 1788.
Tax levy Id Be it enacted by the People of the State of New Yorky represented in
wSch raS[ S^^^^ ^^ Assembly y and it is hereby enacted by the authority of the samt^
That the mayor, aldermen and commonalty of the city of Albany, in
Chap. 71.J ELEVENTH SESSION. 785
common council convened, shall be, and hereby are, fully empowered
and authorized, as soon as conveniently may be after the passing of this
act, to order the raising a sum not exceeding five hundred pounds, by a
tax on the estates real and personal, of all and every the freeholders
and inhabitants within the said city, within half a mile of Hudson's
river, and on the north side of a west line drawn from Hudson's river,
at the north east corner of a tract of land commonly called the Dutch
Church pasture, to be applied to the payment of so many watchmen, as
the mayor, aldermen and commonalty of the said city of Albany, shall
think necessary for guarding the said city, and for such other purposes
as tc them shall appear necessary; which said sum above mentioned,
shall be rated and assessed by the assessors of the said city, for the time
being, and levied and collected in the same manner as hath heretofore
been accustomed within the said city, for levying and collecting the tax
for the maintenance of the poor, and other contingent charges within
the said city; and that the tax shall be paid into the hands of the
treasurer or chamberlain of the said city for the time being, to be
applied and disposed of, from time to time, in such manner and pro-
portions, for the purposes mentioned in this act, as the mayor, aldermen
and commonalty of the said city, in common council convened, shall
direct and appoint.
CHAP. 71.
AN ACT to prevent firing the woods.
Passed the 12th of March, 1788.
Be it enacted by the People of the State of Neiv York, represented in Firing of
Senate and Assembly and it is hereby enacted by the authority of the same, J^nSty
That if any person or persons shall set fire to the woods in any part of for.
this State, he, she or they, shall forfeit and pay the sum of ten pounds,
to be recovered, with costs of suit, in any court having cognizance
thereof, by any person or persons who will sue and prosecute for the
same ; the one moiety of which forfeiture, when recovered, shall be paid
to the overseers of the poor of the town or place where the offence shall
have been committed, for the use of the poor thereof; and the other
moiety to the person or persons who will sue and prosecute for the same
to effect as aforesaid. And such offender or offenders shall moreover
be liable to all such damages as any person or persons shall sustain by
such firing the woods as aforesaid.
Proinded always, and be it further enacted by the authority aforesaid, Persona
That nothing in this act contained shall be construed to hinder or pre- SwU^woiSls
vent any person or persons from firing his, her or their own woods: But
if he, she or they do suffer such fire to extend beyond his, her or their
own woods, he, she or they shall be subject to the penalty and forfeiture
aforesaid, besides being answerable for the damages.
And be it further enacted by the authority aforesaid. That when the Proceed-
woods in any town within this State shall be on fire, the justices of the wSdsolT
peace, the supervisor, the commissioners of the high- ways, and the Are.
officers of the militia (not under the rank of captain) residing in such
town, shall and they are hereby severally authorised and required, to
order such and so many of the inhabitants of such town, liable to work
on the highways, and who shall reside within the vicinity of the place,
where such fire shall be, as they shall severally deem necessary, to
Vol. 2, — 99
78G
LAWS OF NEW YORK.
[Chap. 72.
Former
acta re-
pealed.
repair to the place whefte such fire shall prevail, and there to assist in
extinguishing or stopping the progress of the same; and if any person so
ordered to repair to, and assist in manner aforesaid, shall refuse or
neglect to comply with such order, every person so disobeying such
order, shall forfeit and pay the sum of four shillings, for every day he
shall so neglect or refuse to obey, to be recovered in a summary way,
with costs, before any justice of the peace resident in such town, and
the oath of the person having given such order, shall be sufficient evi-
dence whereon to convict any delinquent, and the forfeiture so recovered
shall be applied, as a reward to such person or persons as the officers
aforesaid, or the major part of them, shall deem best entitled thereto,
for superior exertions at the extinguishment or in stoping the progress
of such fire.
And be it further enacted by the authority aforesaid, That all former
acts and laws of this State, concerning firing the woods shall be void,
and hereby are repealed
CHAP. 72.
Preamble.
Sention
nine re-
pealed.
Omlssioos
from mani'
feat.
AN ACT supplementary to, and for the amendment of the act
entitled *' An act imposing duties on goods, and merchandize
imported into this State ; ** and to relieve persons who have
been aggrieved thereby.
Passed the 12th of March, 1788.
Whereas some of the regulations contained in the act entitled "An
act imposing duties on goods and merchandize imported into this State,"
have been found oppressive to individuals, and injurous to trade; for
remedy thereof,
Be it enacted by the People of the State of New York^ represented in
Senate and Assembly, and it is hereby enacted by t/ie authority of the same.
That the ninth section of the said recited act, and every matter and
thing therein contained, shall be, and the same is hereby repealed.
And be it further enacted by the authority aforesaid. That if any master
or person having the command or charge of any vessel, which hath
already arrived, or shall hereafter arrive within this State, shall land or
put on shore, or unlade, any part of the cargo of such vessel within this
State, before the report and manifest thereof made and delivered, accord-
ing to the directions of the said recited act, or if the said master or other
person having the command or charge of any such vessel, shall, with
intent to defraud the people of this State, of the duties imposed or to be
imposed on such goods, or any part thereof, omit to mention in the said
manifest, any of the bales, chests, trunks, cases, boxes or other packa-
ges, or goods or merchandize on board of such vessel, all such goods
and merchandize so landed, put on shore, unladen or omitted, together
with such vessel, her tackle, apparel and furniture, shall be forfeited to
the people of this State; the said forfeitures to be sued for, recovered
and disposed of, in like manner as the forfeitures mentioned in the said
recited act, are thereby directed to be sued for, recovered and disposed
of. Provided always, that the forfeiture of such vessel, her tackle apparal
or furniture shall not be incured, unless the goods so landed, put on
shore, unladen or omitted, shall exceed in value, the sum of twenty
pounds.
Chap. 72.] ELEVENTH SESSION. 787
And be it further enacted by the authority aforesaid^ That in all cases Id.
where any omission shall have been made in the manifest exhibited, or
to be exhibited, by the master or person having the command or charge
of any vessel, pursuant to the directions of the said act, and in all other
cases, in which, by the said act, or any other law made or to be made
for imposing duties on goods and merchandize imported into this State,
the intent to defraud, is, or shall be essential to the offence, it shall be
lawful for such master or other person, having the command or charge
of any such vessel, or the owner or consignee of any goods or merchan-
dize, that shall or may be seised by virtue of the said act, or any other
law of this State, made or to be made as aforesaid, to apply to the treas-
urer the auditor and the attorney general of this State, for the time
being, (who are hereby appointed commissioners for that purpose) or
any two of them, and the said commissioners or any two of them shall
and may thereupon, in a summary manner, hear and examine the cir^
cumstances of the case, and the evidence respecting the same; and if the
said commissioners, or any two of them, shall, upon such hearing, be
convinced that there was not an intent to defraud, they shall certify the
same to the collector of the customs of the port, where such vessel shall
be, or where such seizure shall have been made, and the said collector
shall thereupon admit a post-entry or entries to be made, of the goods
so omitted or seized as aforesaid, and shall proceed to take the duties
thereupon, in like manner as if the same had been specified in the
original manifest or invoice exhibited to him, according to the directions
of the said recited act. Frovided always^
And be it further enacted by the authority aforesaid That it shall and CJosts of
may be lawful for the said commtssioners, or any two of them, to award *®*2^®*'
to any person who shall have made any seizure by virtue of the said act,
or any law for imposing duties on goods or merchandize imported into
this State, such reasonable allowance for his costs and trouble in the
same, as they shall think proper; which allowance shall be paid before
any such certificate as herein before is mentioned, shall be given by the
said commissioners.
And be it further enacted by the authority aforesaid^ That if the said Where
commissioners, or any two of them, shall certify as aforesaid, then and JontV/******
in every such case, the party in whose favour they shall so certify, shall fraud,
be deemed innocent, and be discharged from all forfeitures and penal-
ties, which he would otherwise have incurred H)y virtue of the said
recited act, or any law for imposing duties on goods and merchandize
imported into this State, any thing in the said act to the contrary thereof
in any wise notwithstanding. Frovided always^ that nothing herein con-
tained shall prevent any person or persons, whose goods or vessel may
have been, or may hereafter be seized, for any of the causes specified in
the said recited act, this act, or any other law for imposing duties on
goods and merchandize imported into this State, from making such
defence in any court, as they might have done, if no such application
as aforesaid had been made, to the said commissioners.
And be it further enacted by the authority aforesaid^ That all goods and Goods im-
merchandize imported into this State, after the last day of July last past, Jh/^*^ *"
or that shall hereafter be imported in any ship or vessel, not built in ^T^^^l*
this State, or any other of the United States, which ship or vessel, on Stutef * °
the eleventh day of April last, was really and bona fide entirely the
property of any of the citizens of this State, shall be subject to the like
duties, in all respects, as if the same had been imported in a ship or ves-
sel built within the United States, and no more; any thing in the said
act to the contrary thereof in any wise notwithstanding; and if any
788 LAWS OF NEW YORK. [Chap. 72,
greater or higher duties shall have been paid or received, upon any such
goods or merchandize so imported as aforesaid, since the said last day
of July, the collectors of the several ports within this State, respectively
shall and may give credit for the amount of such additional duties, to
the person or persons who may have paid or secured the same, and shall
and may, from time to time, discount or allow the same amount, as so
much received for duties upon any other goods or merchandize, which
shall or may within three years next hereafter, be imported into this
State, by the same person or persons, his, her or their executors or
administrators.
Relief of And be it further enacted by the auihorify aforesaid^ That the collector
importers. ^^ ^^ V^"^^ ^^ New York, shall and may take and receive, from the sev-
eral persons herein after mentioned, that is to say, John Broome, Moses
Rogers, Nicholas Hoffman and Martin Hoffman, John B. Coles, Michael
Roberts, Anthony Ackley, Lyde and Rogers, Embree and Shotwell,
William Laight and Company, Daniel Phoenix, Pearsall and Pell, Wil-
liam Ustick junior, Seaman and Franklin, Abraham Brevoort, Andrew
Hammersly, Peter Goelet and Daniel Dunscomb junior, the like duties
upon the goods and merchandize by them respectively imported in the
month of May or June last, by the ship Bristol, from Bristol in Great
Britain, as would have been due and payable for the same, if the said
ship Bristol had been wholly the property of citizens of this State, and
no more; and that if the said several persons, or any of them, shall have
paid more than what the said duties would have amounted to, if the said
ship Bristol had been wholly the property "of citizens of this State, then
and in such case the collector of the port of New York, for the time
being, shall and may give credit to the said several persons respectively
for the amount of what they shall or may have so respectively over-paid;
and shall and may discount and allow the same amount, as so much
received, for any duties which shall or may be payable, within three
years hereafter, by the said persons respectively, or their respective
executors or administrators.
Certain And be it further enacted by the authority aforesaid^ That all forfeit-
remftiwir" ^''^^ heretofore accrued, or deemed to have accrued, by reason of any
omissions in the manifest of the several cargoes of the respective vessels
following, that is to say, the ship Hudson, the ship Montgomery, the
brigatine Betsey, the brigatine Mary, the schooner Maria, the sloop
Friendship, and the sloop Sally, (the said omissions having been by the
collector of the port of New York represented to the legislature, as
casual and not fraudulent) shall be and the same are hereby wholly
remitted.
Duties on And be it further enacted by the authority aforesaid^ That all goods and
pordV In merchandize, which shall or may hereafter be imported into this State,
ships in in any ship or vessel, which on the eleventh day of April last, was the
Ky?oreigi^ property of any person or persons not a citizen or citizens of this State,
«»• or any other of the United States, either in the whole or in part, shall
be subject to the additional duties specified in the second section of the
^ said recited act, whether the same ship or vessel was built in this State,
or any other of the United States of America, or not. Prainded always^
that nothing herein contained shall extend to any ships or vessels, built
in this State after the fifteenth day of March in the year one thousand
seven hundred and eighty five and previous to the passing of this act,
by or for any foreigner and rigged with cordage of the growth and
manufacture of any of the United States.
Id. And be it further enacted by the authority aforesaid^ That from and
after the first day of September next, there shall be paid upon all goods
Chap. 72.J ELEVENTH SESSION. 789
and merchandize imported into this State, in any ship or vessel built in
the United States after the passing of the said recited act, and which
shall not be really and bona fide wholly the property of a citizen or citi-
zens of this State or any other of the United States, additional duties to
the amount of one half of the additional duties, which would be payable
for the same, by the second section of the said recited act, if such ship
or vessel had not been built in any of the United States.
And be it further enacted by the authority aforesaid^ That from and Boata of
after the passing of this act, it shall not be requisite for any boat -or fl^'£>ng
vessel, of less burthen than fifty tons, which shall arrive in any of the 'leed not
ports or harbours of this State, from any other of the United States, to ^^^^'
be reported, entered or cleared, at any of the custom houses in this
State, unless goods or merchandize, subject to the payment of duties
by the said recited act, or any other faw of this State, shall be imported
or brought in the same boat or vessel, any thing in the said recited act
to the contrary thereof in any wise notwithstanding.
And be it further enacted by the authority aforesaid^ That it shall and Bonded
may be lawful for any citizen or citizens of this State, or any other of ware^*"
the United States, who shall hereafter import any goods or merchandize *»o«8«8'
into this State, upon the importation thereof, to lodge the same in such
store or stores, as the collectors of the respective ports within this State,
shall or may, from time to time, appoint, there to be safely kept, at the
expence of the owner or owners, consignee or consignees thereof, under
the care of such officer or officers of the customs, as the said collectors
respectively shall and may from time to time appoint; the said owner
or owners, consignee or consignees, first giving security to pay the duties
thereon, unless the same shall be exported in the manner, and at, or
before th^ time herein after for that purpose limited ; and the owner or
owners consignee or consignees, of such goods and merchandize, may,
from time to time, export the same, or any part thereof from this State,
without the payment of any duties thereon, at any time or times within
eighteen calender months after the importation thereof, upon taking an
oath, to be administered by the collector, that he, she or they, has or
have no intention to evade the payment of the duties upon the said
goods or merchandize, or to reland or otherwise bring back the same
into this State. And the collector shall and may direct and appoint an
officer of the customs or other person to superintend the lading of the
said goods and merchandize, at the expence of the owner or owners
thereof. And if any person or persons shall reland, or put on shore any
of the said goods or merchandize, so laden as aforesaid for exportation,
or bring the same into this State, after the exportation thereof, without
a permit from the collector for that purpose, and payment of the duties
that were due thereon, upon their first importation into this State, the
said goods and merchandize so relanded or brought back, shall be for-
feited to the people of this State, and be sued for and disposed of, as
other forfeitures in the said recited act mentioned, are directed to be
sued for, and disposed of; and the person or persons, who shall reland
or bring back the same, shall also forfeit the sum of ^^^ hundred pounds,
to be recovered in any court having cognizance thereof, by action of
debt, bill, plaint or information; the one half to the use of the people
of this State and the other half to such person or persons as shall sue
for the same. Prainded always^ that nothing herein contained shall be
construed to effect or prevent the exportation of goods or merchandize
to any of the United States, pursuant to the directions of the said
recited act; and provided also^ that it shall and may be lawful for th6
owner or owners, consignee or consignees, of such goods or merchan-
790 LAWS OF NEW YORK. [Chap. 72.
dize, so stored as aforesaid, from time to time, under the inspection of
the person appointed to keep the same, and by permit from the collector,
(which he is hereby required to give) to remove any part thereof, and
take the same into his, her or their possession, upon paying to the collec-
tor, the amount of the duties due for such part of the same, as shall be
so as aforesaid removed.-
Goods And be it further enacted by the authority aforesaid^ That in all cases
soVd topay ^^''^ goods and merchandize shall or may be landed and sold, pursu-
for repairs ant to the directions of the said recited act, to defray the necessary and
to vessel, incidental expences of any ship or vessel, compelled to come into the
port of New York, by distress, it shall not be necessary for a report or
manifest to be made or exhibited of any part of the cargo of such ship
or vessel, not intended to be landed; nor shall any duties be payable
upon any goods or merchandize landed out of such vessel, which shall
be intended to be reladen or again exported; any thing in the said
recited act to the contrary thereof in any wise notwithstanding. Pro-
vided always^ that all goods or merchandize unladen from any such ship
or vessel, and not intended to be sold as aforesaid, shall be stored in the
manner directed by the last preceeding clause of this act, with respect to
goods and merchandize intended for exportation.
And whereas it would be of public utility to encourage manufactures,
and by every wholesome regulation, consistent with the spirit of liberty,
to repress the further progress of luxury and extravagence; Therefore,
Additional And be it further enacted by the authority aforesaid^ That from and
spectfleT ^^t^r the first day of September next, the following duties shall be paid,
articles, in addition to those imposed by the said recited act, upon the following
goods and merchandize imported into this State, and not of the growth
of any of the United States, nor made or manufactured within the same,
from the native productions of the said States, that is to say, on all
kinds of silver and plated ware, jewelry and paste work, silver plated or
ivory handled knives and forks, carpets of all kinds; copper plate furni-
ture, silk and cotton velvets, muslins, lawns, and cambricks, silks of all
kinds, gauzes, ribbons, plated and metal buttons and buckles, gold and
silver laces and trimmings, silk laces and thread laces, embroidered
patterns for waistcoats, and other parts of dress, women and children's
stays, muffs, and tippets, gloves and mittens of all sorts, silk and thread
hose, ready made millenary and wearing apparel, perfumery, coffin fur-
niture, marble slabs and chimney pieces, all glass and wares made wholly
or in part of glass, (except looking glasses,) instruments of music, tor-
toise shell combs, brushes of all kinds, parchment, glue, walking-canes
and whips, ostrich and other ornamental feathers, and artificial flowers,
at and after the rate of eight per cent ad valorem. On every pound of
spikes, and every pound of nails, commonly called six penny nails, and
of all nails of a larger size one half penny. Upon every dozen of shovels
and spades, nine shillings. Upon every dozen of hoes three shillings.
Upon all painters colours ground in oil, at and after the rate of ten
shillings for each hundred weight. Upon every gallon of distilled
spirituous liquors, four pence. Upon every gallon of wine other than
Madeira wine, four pence.
Goods im- And be it further enacted by the authority aforesaid^ That all goods and
[oretoiere. "merchandize brought or imported into this State, by any person not a
* citizen of this State, or any of the United States, shall be subject to an
additional duty of two and an half per cent, more than such goods and
merchandize would be subject to, if imported by any citizen of this
State, or any other of the United States.
Chap. 73.] ELEVENTH SESSION. 791
And be it further enacted by the authority aforesaid^ That all the Additional
additional duties imposed by this act, shall be paid or secured in like how^kid.
manner, as if the same had been charged and specified in the first sec-
tion of the said recited act, over and above the duties by the said act
charged upon the importation of the said goods and merchandize
respectively.
And be it further enacted by the authority aforesaid^ That the respec- ManifeRts
tive collectors of the ports of New York and Sagg Harbor, shall require qifJIdl^y
of the master of every ship or other vessel requiring a clearance, an coiiectow.
exact manifest of the cargo on board every such ship or vessel; and the
said collectors shall keep true and exact returns, of each particular
article so exported, and shall, on the last day in every year, make out
the account thereof, to be laid before the legislature^ at their next meet-
ing thereafter.
CHAP. 73.
AN ACT to repeal the acts therein mentioned.
Passed the 12th of March, 1788.
Be it enacted by the People of the State of New York, represented in Colonial
Senate and Assembly y and it is hereby enacted by the authority of the sanie, peaiedJ
That the several acts or laws herein after mentioned, which were made
in this State while the same was the province or colony of New York,
that is to say, an act entitled "An act for quieting and settling the dis-
orders that have lately happened wilhin this province, and for establish-
ing and securing their majesties present government against the like
disorders for the future;" and one other act entitled "An act for the
regulating the buildings, streets, lanes, wharfs, docks and allies of the
city of New York ;" and one other act entitled "An act for settling fairs
and markets in each respective city and county throughout the prov-
ince;'* and one other act entitled "An act for establishing certain rates
upon such goods and merchandize as shall be brought unto their majes-
ties beam in the weigh-house at New York;" and one other act entitled
"An act against the profanation of the Lord's Day called Sunday ;" and
one other act entitled "An act for preventing of trespasses ;" and one
other act entitled "An act to enable the respective towns within this
province to build and repair their meeting-houses and other publick
buildings;" and one other act entitled "An act to ascertain the size of
casks, weights and measures, and bricks within this colony;" and one
other act entitled '*An act to encourage the baptizing of negro Indian
and mulatto slaves;" and one other act entitled '*An act for the encour-
agement of whaling;" and one other act entitled "An act for suppress-
ing immorality;" and one other act entitled "An act to prevent the
removal of actions of twenty pounds from the mayor's court of New
York, and other courts;" and one other act entitled "An act to pre-
vent the impairing the fortifications;" and one other act entitled
"An act for preventing the multiplicity of law suits ;" and one other
act entitled An act for destroying wolves and foxes in the county
of West-Chester;" and one other act entitled "An act to encourage
the destroying of foxes and wild-cats in Kings county, Queens county
and Suffolk county ;" and one other act entitled "An act to prevent
vagrant and idle persons from being a charge and expence to any
the counties, cities, towns, manors or precincts, within this Province ;"
792 LAWS OF NEW YORK. [Chap. 73.
and one other act entitled "An act to prevent boats and other vessels,
and the goods put on board of them from being mterrupted or molested,
whilst their navigation is confined within this Colony;" and one other
act entitled "An act for the effectual recovery of the arrears of the sev-
eral taxes, and of the excise therein mentioned, and for securing the
duties on slaves not imported in the city of New York, and for empow-
ering the treasurer for these purposes;*' and one other act entitled "An
act for the more effectual preventing and punishing the conspiracy and
insurrection of negroes and other slaves, for the better regulating them,
and for repealing the acts therein mentioned relating thereto;" together
with the acts therein mentioned; and one other act entitled "An act for
granting to the people called Quakers residing within this Colony, the
same privileges benefits and indulgencies, as by the laws and statutes
now remaining in force in that part of (Jreat Brittain called England,
the people of that denomination are entitled unto within those domin-
ions," together with the act thereby repealed; and one other act enti-
tled "An act to prevent small stallions running at large in the Colony
of New York, and to geld such as shall be under the size therein men-
tioned ;" and one other act, entitled, "An act for regulating the ruts of
waggons in Dutchess county;" and one other act entitled "An act to
prevent the further importation of copper money into this Colony;"
and one other act entitled "An act for establishing and regulatmg courts
to determine causes of forty shillings and under in this Colony;" and
one other act entitled An act for the better extinguishing of fires that
may happen within the city of New York;" and one other act entitled
"An act for the preservation of oysters at and near Richmond county,
in this Colony ;" and one other act entitled "An act to prevent abuses
in the re-packing of beef and pork;." and one other act entitled "An
act for explaining and rendering more effectual an act of the gov-
ernor, council and the general assembly, entitled an act to oblige the
inhabitants of each particular ward within the city of New York, to
make good their respective quota's of all publick taxes;" and one other
act entitled "An act for limiting the contmuance of the general assem-
blies of this Colony;" and one other act entitled "An act to impower
the sworn repackers of the city of New York, for the time being, to
repack and brand half barrels of beef and pork;" and one other act
entitled "An act for the speedy punishing and releasing such persons
from imprisonment as shall commit any criminal offences under the
degree of grand larceny;" and one other act entitled "An act for the
speedy punishing and releasing such persons from imprisonment, as
shall commit any criminal offences in the city and county of New York,
under the degree of grand larceny ;" and one other act entitled "An
act to restrain unlawful and disorderly gaming-houses, in the Colony of
New York ;" and one other act entitled "An act to amend the practice
of the law, and to regulate the giving of special bail ;" and one other
act entitled "An act to make it felony without benefit of clergy, to
counterfeit any Spanish French or Portugueze gold or silver within this
Colony;" and one other act entitled "An act for taking affidavits in the
several counties within this Colony, to be made use of in the supreme
court, and impowering the attomies of the supreme court to practice in
the mayor's court of the city of New York ;" and one other act entitled
"An act to restrain tavern-keepers and inn-holders, from selling strong
liquors to servants and apprentices, and from giving large credit to
others;" and one other act entitled "An act to prevent the importing or
passing counterfeits of British half pence or farthings;" and one other
act entitled "An act to enable and impower the mayor, aldermen and
Chap. 73.] ELEVENTH SESSION. 793
commonalty of the city of New York, and their successors, to prevent
and remove particular nusances within the same, to the southward of
Fresh Water ;'* and one other act entitled "An act to prevent malicious
informations in the supreme court of judicature for the Colony of New
York;" and one other act entitled *'An act to enable creditors more
easily to recover their debts from joint partners;" and one other act
entitled "An act to oblige all persons that come to inhabit or reside in
the city of Albany and township of Schenectady, in the county of
Albany, in order to expose any goods, wares or merchandizes to sale,
at any time after the annual assessment made for the necessary and
contingent charges of the said city and township, to pay their just pro-
portions towards the same;" and one other act entitled "An act to
enable the proprietors or owners of that part of the Great-Plains in
Queens county, which lies within the townships of Hampstead and
Oysterbay, and is used as a common of pasture, to hang swinging gates
on the high-ways*; running through the said plains, and to establish
prudential orders and rules with respect to the management of the said
common ;" and one other act entitled "An act to enforce and render
more effectual an act entitled an act to prevent vagrant and idle persons,
from being a charge and expence to any of the counties, cities, towns,
manors or precincts within this province;" and one other act entitled
"An act to prevent the selling of tickets in this Colony, of any lotteries
schemed or erected in any other Colony;" and one other act entitled
"An act to regulate the practice of physick and surgery in the city of
New York;" and one other act entitled "An act to increase the number
of firemen within the city of New York ;" and one other act entitled
"An act to prevent transient persons from selling goods at vendue in
the city and county of Albany^ and counties of West-Chester, Richmond
and Dutchess ;" and one other act entitled "An act impowering those
who shall be appointed foremen of grand-juries, to administer the usual
oath to such witnesses as are to be examined before them;" and one
other act entitled "An act to prevent hunting with fire-arms in the city
of New York, and liberties thereof;" and one other act entitled "An
act to restrain the bringing of writs of certiorari, and writs of error, for
removal of judgments given before justices of the peace within this
Colony ;" and one other act entitled "An act to make it felony without
benefit of clergy, to counterfeit the bills of credit of any of his majestys
colonies which pass in payment in the Colony of New York;" and one
other act entitled "An act for the regulation of servants ;" and one other
act entitled "An act to relieve the cities and counties of this Colony by
the speedy trial of petty offenders;" and one other act entitled "An
act further to increase the number of firemen in the city of New York;"
and one other act entitled "An act to prevent the abuse of writs and
plaints in replevin ;" and one other act entitled "An act to prevent the
inconveniences arising from delays of causes after issue joined;" and
one other act entitled "An act for the better preventing frivolous and
vexatious suits;" and one other act entitled "An act to confirm certain
acts and orders made by justices of the peace, being of the quorum,
notwithstanding any defect in not expressing therein that such justices
of the peace are of the quorum ;" and one other act entitled **An act to
fix and ascertain from whence the mileage fees of the respective con
stables of the manor of Cortlandt in the county of Westchester, shall be
computed;" and one other act entitled "An act to enable any one of
the coroners for the different counties within this Colony, to make
return to process ;'* and one other act entitled "An act to increase
the number of firemen in the city of New York;" and one other
Vol, 2. — 100
794 LAWS OF NEW YORK. [Chap. 73.
act entitled "An act to prevent the defacing the statues which are
erected in the city of New York;*' and one other act entitled
"An act to prevent the killing and destroying of game in the
manor of Philipsborough in the county of Westchester; and one
other act entitled "An act to prevent aged and decrepit slaves from
becoming burthersome within this Colony;** and one other act enti-
tled, "An act to amend an act, entitled, an act to confirm certain
antient conveyances, and directing the manner of proving deeds to be
recorded;" and one other act entitled "An act for the amendment of the
law, and the beftter advancement of justice;*' and one other act entitled
"An act for punishing accessaries to felonies and receivers of stolen
goods;" and one other act entitled "An act for giving relief on promis-
sory notes;** and one other act entitled "An act to prevent the sale of
goods at night by vendue, auction or outcry in the city of New York;**
and one other act entitled "An act respecting fairs m the counties of
Albany, Cumberland and Tryon;" and one other act entitled "An act
to enable posthumous children to take estates as if bom in their fathers
life time ;** and one other act entitled "An act for the relief of creditors
against fraudulent devisees," and one other act entitled "An act for the
better preventing of excessive and deceitful gaming;" and one other act
entitled **An act for the better security and more easy recovery of rents,
and renewal of leases, and to prevent frauds committed by tenants ;**
and one other act entitled "An act for the better discovery of judgments
in the courts of record in this Colony;" and one other act entitled "An
act to prevent the depreciating the paper currency of this Colony;" and
one other act entitled "An act to amend an act entitled an act for the
speedy punishing and releasing such persons from imprisonment as shall
commit any criminal offences under .the degree of grand larceny;" and
one other act entitled "An act to prevent the abatement of suits by the
death of the parties ;" and one other act entitled "An act for the more
easy collecting his majestys quit-rents in the oblong patent, in the coun-
ties of Dutchess and West-Chester; " and one other act entitled "An act
for the amendment of the law, for prevention of frauds and perjuries;*'
and one other act entitled "An act for the relief of parishes and other
places, from such charges as may arise from bastard children born within
the same;" and one other act entitled "An act for an indulgence to
persons of scrupulous consciences, in the manner of administring oaths;"
and one other act entitled "An act to discourage tortious entries and
possessions;" and one other act entitled "An act to regulate waggons
within the township of Schenectady, and the precincts of Orange Town
and Haverstraw, in the county of Orange ;" and one other act entitled
**An act for the more convenient proving of deeds and mortgages;" and
one other act entitled "An act to divide the province and dependencies
into shires and counties ;" and all other laws heretofore made in this
State, while the same was the Colony or Province of New York, for
dividing the same into counties, or for dividing any of the counties
thereof; or for ascertaining the bounds or limits of any of the same
counties; and all laws heretofore made in this State, while the same was
the Colony or Province of New York, relating to highways, except such
as relate to highways in Kings county, or Queens county, or either of
them ; and all laws heretofore made in this State, while the same was
the Colony or Province of New York, relating to the election of repre-
sentatives to sit in general assembly, and relating to the allowance to,
or wages of the said representatives, and every clause, matter and thing
in the same acts and laws herein before mentioned, and in each and every
of them contained, shall be, and hereby are repealed and made void.
Chap. 73.] ELEVENTH SESSION. 795
And be it further enacted by the authority aforesaid^ That the several state acts
acts and clauses of acts of the legislature of this State herein after men- ^®p®*^«^
tioned, that is to say, an act entitled **An act requiring all persons hold-
ing offices or places under the government of this State, to take the
oaths therein prescribed and directed;'* and the act entitled "An act
for altering the judgments heretofore by law prescribed against persons
found guilty of high-treason and petty treason ; and those who, on being
arraigned for treason or felony, stand mute, or refuse to plead;*' and the
act entitled "An act for the better determination of personal actions,
depending upon accounts ;" and the act entitled "An act for the better
securing the independence of this State, and to that end requiring all
publick officers and electors within this State, to take the test oath
therein contained;' and the act entitled "An act to prevent delay by
writs of replevin, in cases of distress for taxes, assessments or fines;"
and the act entitled *'An act for giving relief against the operation of
the statute of the 21st of James the ist; commordy called the statute of
limitations, and of an act of this State while it was a Colony, entitled
**An act for giving relief on promissory notes;" and the act entitled "An
act to preserve the freedom and independence of this State, and for
other purposes therein mentioned;" and the act entitled "An act for the
more easy assessment of taxes, for prolonging the terms of the court of
general sessions of the peace, altering the modes of punishment in cer-
tain cases of petit larceny in the city and county of New York; and for
the confinement of vagrants and common prostitutes to hard labour;"
and the act entitled An act for the punishment of persons who shall, in
the city and county of New York, by false pretences obtain any monies,
goods, wares or merchandize, from any person, with intent to cheat or
defraud such person;" and the act entitled "An act granting a bounty
on hemp to be raised within this State, and imposing an additional duty
on sundry articles of merchandize, and for other purposes therein men-
tioned ;" and the act entitled "An act to compel collectors and con-
stables to give security;" and the eighth section of the act entitled "An
act concerning counsellors, attornies, sollicitors, advocates and proctors
of the several courts in this State," so far as the same relates to the pen-
alty or forfeiture of ten pounds on every attorney neglecting or omitting
to file his warrant of attorney, according the directions of the said act,
shall be and hereby are repealed.
And be it further enacted by the authority aforesaid^ That the several Colonial
acts or laws herein after mentioned, which were made in this State while ^Sedi
the same was the Province or Colony of New York, that is to say, an
act entitled "An act for enabling each respective town within this prov-
ince to regulate their fences and highways, and make prudential orders
for their peace and orderly improvements;" and one other act entitled
"An act for defraying the publick and necessary charge throughout this
province, and for maintaining the poor and preventing vagabonds;" and
one other act entitled "An act for regulating the fences in the county of
Ulster; and one other act entitled "An act repealing an act of general
assembly of this province, entituled An act for defraying the publick and
necessary charges throughout this province, for maintaining the poor
and preventing vagabonds, except so much thereof as relates to vaga-
bonds, and for the appointing more effectual means for the defraying
the publick and necessary charge in each city and county, and for
maintaining the poor ; ' and oneK)ther act entitled "An act to oblige the
owners and possessors of unimproved lands in the county of Albany,
Westchester, Richmond and Orange, to pay the proportion of their quit
rents and taxes^ raised for the support of the government, and other
796 LAWS OF NEW YORK. [Chap. 73.
county charges;" and one other act entitled "An act for the better
explaining and more effectual putting in execution an act of general
assembly made in the third year of the reign of their late majesties, king
William and queen Mary entitled An act for defraying of the publick and
necessary charge throughout this Province, and for maintaining the poor
and preventing vagabonds;** and one other act entitled "An act for defray-
ing the common and necessary charge in the manor of Rensselaerwick, in
the county of Albany;*' and one other act entitled **An act for the better
raising, levying and defraying, the necessary charge in the manor of Rens-
selaer-wick in the county of Albany;** and one other act entitled "An act
to enable the justices of the peace to chuse assessors and collectors in case
of death :** and one other act entitled "An act to oblige the inhabitants
of each particular ward within the city of New York, to make good their
respective quota's of all publick taxes;*' and one other act entitled "An
act to enable the mayor, aldermen and commonalty of the city of
Albany, to defray the publick and necessary charges of the said city ;**
and one other act entitled "An act to oblige the collectors and treasurer
of Richmond county, effectually to collect and pay the annual rate of
the said county;" and one other act entitled "An act for defraying the
common and necessary charge of the manor of Cortlandt, in the county
of Westcliester ;*' and one other act entitled "An act for the punctual
payment of the county rates in Suffolk county, and for the more effectual
recovering the arrearages thereof;*' and one other act entitled "An act
for recovering arrearages of taxes and rates in the city and county of
Albany;*' and one other act entitled "An act for regulating fences for
the several cities and counties within this Colony of New York;" and
one other act entitled "An act for the better regulating the taxation of
estates in Queens county, and for repealing an act entitled an act fcr
the more equal taxation of estates in Queens county, passed in the
twenty seventh year of his present majesty's reign," together with the act
thereby repealed ;*' and one other act entitled "An act to regulate the
publick pounds in the city and county of New York ;" and one other act
entitled "An act to enable the supervisors of the several counties of this
Colony therein mentioned, to take security of their respective county
treasurer, before he enters upon the execution of his office;'* and one
other act entitled "An act for the more equal taxation of estates, and
providing for deficiencies in the taxes of the county of Westchester;"
and one other act entitled "An act to confine rams at certain seasons of
the year, in the counties of Ulster, Orance and Dutchess;** and all laws
heretofore made in this State while the same was the Colony or Prov-
ince of New York, for erecting or dividing any part or parts of this
State, into towns, parishes, precincts, or districts, or altering the bounds
of any of them; and all laws heretofore made in this State, while the
same was the Colony or Province of New York, enabling the towns,
manors, precincts or districts of this State, or any of them, to chuse
supervisors, assessors, collectors and constables, and other town officers,
or any or either of them, and relating to the meetings, or to the times
or places of meeting, of the supervisors or assessors, or either of them;
and all laws heretofore made in this State, while the same was the
Province or Colony of New York, relating to swine, and every clause
matter and thing in the same acts and laws herein before mentioned,
and in every of them contained, shall be, and hereby are repyealed and
made void, from and after the first day of April, which will be in the
year of our Lord one thousand seven hundred and eighty nine.
8ut6 acta And be it further enacted by the authority aforesaid^ That the several
repealed. ^^^^ ^^^ clauses of acts of the legislature of this State, herein after men-
Chap. 74.] ' ELEVENTH SESSION. 797
tioned, that is to say an act entitled "An act for increasing the number
of assessors throughout this State;" and the act entitled "An act to
divide the district of the manor of Rensselaerwyck, in the county of
Albany, into two districts " and the act entitled **An act to annex the
lands belonging to the corporation of the Reformed Protestant Dutch
Church of Schenectady, and the settlement called Cory's Brook, now in
the districts of Half-Moon, and the united districts of Schohary and
Duanesburgh, to the district of Schenectady;" and the act entitled "An
act to increase the number of collectors in the counties of Albany, Ulster
and Orange;" and the act entitled "An act to ascertain the division line
between the district of Half-Moon, and the west district of Rensselaer-
wyck, and for dividing Mohawk district in the county of Tryon, into
two districts;" and the act entitled "An act to divide the district of
Claverack in the county of Albany, into two districts;" and the act
entitled "An act declaring the east ward of the manor of Cortlandt, and
the district of Salem in the county of Westchester, to be two townships,
in manner therein designated; and the act entitled "An act to divide
the east district of the manor of Rensselaerwyck, in the county of
Albany;" and the act entitled An act to divide the township of Hemp-
stead in Queens county;" and the act entitled "An act to divide Char-
lotte and Rhynbeck precincts, into three precincts;" and the act enti- .
tied "An act for dividing the county of Washington into townships;"
and the act entitled "An act for dividing the district of the manor of
Livingston, in Columbia county, and for annexing the manor of Fox-
Hall to the town of Kingston in Ulster county;" and the act entitled
"An "act to erect the settlement of Wood-stock and Great and Little
Shandaken, in Ulster county, into a seperate township ;" and the twenty
fourth section of the act entitled "An act for the relief of persons who
paid money into the treasury of this State, in consequence of a resolu-
tion of the committee of safety of the first day of March, one thousand
seven hundred and seventy seven, and for other purposes therein men-
tioned, shall be, and hereby are repealed, from and after the first day
of April, which will be in the year of our Lord one thousand seven
hundred and eighty nine.
CHAP. 74.
AN ACT for raising a further sum of money for compleating the
court house and gaol in the county of Columbia.
Passed the 14th of March, 1788,
Whereas the trustees for building a court house and gaol in the Preamble,
county of Columbia and the supervisors of the said county, have by
their petition requested the legislature to enable them by law, to raise a
further sum of money to compleat the court house and gaol, erected in
the said county agreable to an act, passed for that purpose on the
fourth day of April, one thousand seven hundred and eighty six, There-
fore,
Be it enacted by the People of the State of New York represented in Tax levied
Senate and Assembly, and it is hereby enacted by the authority of the same hJJiMe"and
That the supervisors of the county of Columbia for the time being, J*ii-
shall be, and they are hereby authorized and required to direct to be
raised and levied on the freeholders and>inhabitants of the said county
the sum of one thousand two hundred pounds, with an additional sum
of nine pence in the pound for collecting the same ; which said sums
798 • LAWS OF NEW YORK. [Chap. 75.
shall be raised levied and collected in like manner as the other neces-
sary and contingent charges of the said county, are levied and collected.
MeetiDfTof And be it further enacted by the authority aforesaid^ That the said
nupervisore supervisors shall meet for the purpose aforesaid, at the dwelling house
of Gabriel Efifelstyn in Claverack in the said county on the last Tuesday
in May next; and it is hereby made the duty of the clerk of the super-
visors of the said county to notify the respective supervisors of such
meeting.
Collection And be it further enacted by the authority aforesaid^ That the one
pfic^ionoi ™o*^^y o^ ^^^ monies directed to be raised by virtue of this act, shall
moneys, be colected and paid into the treasury of the said county of Columbia,
on or before the first Tuesday of November next and the other moiety
thereof on or before the first Tuesday of November which will be in the
year of our Lord, one thousand, seven hundred and eighty nine; except
the allowance to the collectors, which they are hereby severally authorized
to retain in their hands; and the treasurer of the said county is hereby
required and directed, to pay to the trustees appointed by the act herein
before recited, on the order of the supervisors of the said county, so
much of the said monies as they shall deem requisite for compleating
the court house and gaol aforesaid, and for repaying to the said tiustees,
such sum or sums as shall appear to be due to them for building the said
court house and gaol, and for materials furnished for the same; and the
residue if any there be, shall be retained by the said treasurer, to be dis-
posed of and applied for the general benefit of the county, in such man-
ner as the supervisors of the said county shall direct.
Penalty for And be it further enacted by the authority aforesaid^ That if the said
neglect, treasurer, supervisors, assessors or collectors, shall neglect or refuse to
perform the duty required of him or them by this act, the person so
neglecting or refusing shall forfeit the sum of one hundred pounds, to
be recovered in any court of record within this State, at the suit and in
the name of the said trustees, or the survivors or survivor of such trus-
tees; which said sum when so recovered, shall be disposed of and applied
by the said supervisors, in like manner as the monies directed to be
raised by this act, are to be applied.
Fees of And be it further enacted by the authority ({foresaid. That it shall and
treasurer, ^^y ^^ lawful for the treasurer of the said county of Columbia, to retain
in his own hands, the sum of three pence in the pound, for his trouble
in receiving and paying out the monies directed to be raised by this act.
CHAP. 75.
AN ACT to enable David Richard Floyd to add the name of
Jones to his sirname.
Passed the 14th of March, 1788.
Preamble. WHEREAS David Richard Floyd by his petition to the legislature has
prayed, that the sirname of Jones may be added to his present name;
therefore,
Sirname of Be it enacted by the People of the State of New York, represented in
Srchard Senate and Assembly, and it is hereby enacted by the authority of the same^
Floyd That the sirname of Jones be and the same is hereby added to the name
changed. ^^ David Richard Floyd, and that at all times hereafter he shall and
may take upon himselt the name of David Richard Floyd Jones, and by
the same name shall be known and called in all cases whatsoever.
Chap. 77.] ELEVENTH SESSION. 799
CHAP. 76.
AN ACT to prolong the collection of the tax therein mentioned.
Passed the 15th of March, 1788.
Be it enacted by the People of the State of New York, represented in Proeecu-
Senate and Assembly^ and it is hereby enacted by the authority of the same, SJSSnst col-
That all suits and proceedings against any collector for neglect of duty lectors bus-
in collecting and paying the tax to be raised and levied by virtue of an ^° * '
act entitled **An act for raising monies by tax " passed on the eleventh
day of April one thousand seven hundred and eighty seven, shall be and
hereby are suspended until the last Tuesday in May next; and such of
the collectors respectively as shall on or before the said last Tuesday of
May well and faithfully perform and execute the duties, which accord-
ing to the true intent and meaning of the said act they ought to have
done and performed on or before the first day of March shall be and
hereby are fully and effectually indemnified for any and every such
neglect or omission. Provided always that the collectors respectively
who have been prosecuted by virtue of the said act, shall be subject to
the payment of the costs of suit heretofore accrued against each of them
respectively.
And be it further enacted by the authority aforesaid. That the said Collection
several collectors, be and they hereby are authorized and empowered to <>''**•
levy and collect the said tax in like manner as is directed in and by the
said act notwithstanding the time in which the same ought to have been
levied and collected is expired; and the treasurers of the several coun-
ties respectively, shall pay the said taxes so to be collected and paid
into their hands, into the treasury of this State within one month there-
after, any thing in the said act to the contrary thereof in any wise not-
withstanding,
CHAP. 77.
AN ACT for the more effectual collection of the arrears of taxes,
heretofore made receivable in public securities.
Passed the 15th of March, 1788.
Whereas the arrears of taxes directed to be collected, by the act Preamble,
entitled "An act to compel the payment of the arrears of taxes, for
enforcing the payment of fines and amerciaments, obliging sheriffs to
give security for the due execution of their offices, and for other pur-
poses," passed the twenty sixth day of November, one thousand seven
hundred and eighty four, and by the act entitled **An act for the more
effectual collection of the arrears of taxes," passed the thirty first day of
March, one thousand seven hundred and eighty six, have not been fully
collected; And whereas the time limited in and by the said last recited
act for collecting the said arrears did expire on the first day of January,
one thousand seven hundred and eighty seven ; in order therefore, that
the remainder of the said arrears may be fully collected.
Be it enacted by the People of the State of Neiv York, represented in Tax lists
Senate and Assembly, and it is hereby enacted by the authority of the same, fj^^ed^
That every person who was a collector m any town within this State, county
and to whom any tax list was delivered, for the purpose of collecting ^®**""^-
800
LAWS OF NEW YORK.
[Chap. 77.
Supenrti-
ors to
cause
arrears to
be col-
lected.
the said arrears in pursuance of the said acts, or either of them, is
hereby strictly enjoined and required, on or before the first Monday in
June next ensuing, the passing ot this act, to deliver the tax list so here-
tofore unto him delivered unto the treasurer of the county m which he
was a collector, together with an account of the persons names by whom
such arrears of taxes have been paid, the sum paid by each, distinguish-
ing the payments made in certificates or public securities, from those
made in gold or silver, or in bills of credit, emitted in pursuance of the
act entitled "An act for emitting the sum of two hundred thousand
pounds, in bills of credit, for the purposes therein mentioned," and also
an account containing the names of the persons from whom such arrears
of taxes are still due and unpaid, specifying the sum due from each; all
which accounts shall be given on the oath of and subscribed by the per-
son delivering, or causing the same to be delivered.
And be it further enacted by the authority aforesaid^ That the sup>er-
visors of the respective counties, where any such arrears are due, shall
meet together in their respective counties, on the first Tuesday of Sep-
tember next, and then or as soon after as conveniently may be, examine
the books and accounts of the county treasurer, and the accounts of the
respective collectors, so to be delivered as aforesaid; and where they
find any sum or sums uncollected, and the persons or estates charged
with the same are sufficient to pay the same, the said supervisors shall
issue or cause to be issued a warrant to the collector for the time being,
of the place where such arrears are due, for the collection thereof; and
where any such arrears have happened in any place, by insolvency of
the person taxed, or for want of effects whereon to levy such taxes, or
by the insolvency or misconduct of any collector or collectors, the super-
visors of the county shall cause all such arrears to be raised, levied and
collected, in such place where such arrears are due, in the same manner
as the proportion of such place, of the necessary and contingent charges
of such county, are raised, levied and collected ; and where any such
arrears in any county have happened from any other cause, except
taxes directed to be levied in wheat or other grain, the supervisors of
such county shall cause such arrears to be raised in the same county, in
the same manner as the necessary and contingent charges of the same
county are to be raised, levied and collected. And further^ that the
several and respective collectors shall pay the said arrears by them to
be collected as aforesaid, to the respective county treasurers, on or
before the first day of January next, deducting thereout one shilling in
the pound for their fees. And that the respective county treasurers
shall pay the same to the treasurer of this State, on or before the first
day of February next, deducting thereout three pence in the pound for
their fees.
Certifloates And be it further enacted by t/ie authority aforesaid. That it shall
fn^payment ^^^ ^^Y ^^ lawful for the collectors to receive in payment of such
"'•"•"'" arrears, any of the certificates" specified in the fifth section of the act
entitled '*An act for the speedy sale of the confiscated and forfeited
estates within this State, and for other purposes therein mentioned,'*
passed the twelfth day of May in the year one thousand seven hundred
and eighty four, at the rate in the same section mentioned, or any cer-
tificates " issued or to be issued by the treasurer of this State; bjit no
interest which may have accrued on any such certificates, shall be com-
puted or allowed on any such certificate or certificates to be paid in
discharge of such arrears; and if any person shall neglect or refuse to
pay such arrears in such certificates as aforesaid, then it shall be lawful
for the collector to whom the same ought to have been paid by virtue of
of tazes.
Chap. 78.J ELEVENTH SESSION. 801
this act, to levy the amount of such arrears, by distress and sale of the
goods and chattels of such delinquent; and upon such sale such collec-
tor shall receive, only gold and silver, or copper money, or bills of credit
emitted in pursuance of the act, entitled "An act for emitting the sum
of two hundred thousand pounds in bills of credit, for the purposes
therein mentioned," or the bills of credit to be emitted as a substitute
for the same. And every collector shall give the county treasurer a
particular account, upon oath, of all such of the said arrears as shall be
so levied or collected in money, and shall pay the same to the county
treasurer in money. And every county treasurer shall give an account,
upon oath, to the treasurer of this State, of all such parts of the said
arrears as shall be paid to him in money, and shall pay the same to the
treasurer of- this State in money.
And be it further enacted by the authority aforesaid^ That if any former Penalty for
collector in whose custody or power any such former tax list shall be, d^uw tax
shall refuse or neglect to deliver the same as aforesaid, it shall be lawful iiat.
for any justice of the peace, upon proof thereof to commit such collector
to goal, there to remain until he shall deliver up such tax list, with such
account as aforesaid.
And be it further enacted by the authority aforesaid, That if any super- Penalty for
visor, county treasurer, assessor or collector, shall neglect or refuse to pSliiS' ^^
perform the duty required of him by virtue or in consequence of this officer,
act, he shall forfeit the sum of fifty pounds to the people of this State,
to be recovered, by action of debt, or by information in any court of
record. And the attorney general of this State is hereby authorized and
required to prosecute for the said penalties, and to pay the same, when
recovered, into the treasury of this State, for the use of the people
thereof.
And be it further enacted by the authority aforesaid^ That where suits Oertlflcates
have been commenced by the collectors, for the recovery of any of the [n^^itirfao-
said arrears, it shall and may be lawful for the several persons against J^^^' ^
whom such suits shall have been commenced, and where the sums recov-
ered have not been paid, to pay and satisfy, in such certificates afore-
said, the amount of such judgments (except the costs) obtained or here-
after to be obtained, in such suits, any thing in any former act to the
contrary notwithstanding.
Provided always^ that nothing in this act contained shall be construed Colonial
to authorize or empower any collector or other person, to receive in be^receiveS
payment of any such arrears, any bills of credit emitted by the Congress
of the United Colonies, or United States, or by the Provincial Congress
or the convention of this State, or by the legislature of the late Colony
of New York.
CHAP. 78.
AN ACT for the payment of the monies still due for compleating
the court house and gaol in the county of Dutchess.
Passed the 15th of March, 1788.
Whereas it hath been represented to the legislature that there are Preamble,
considerable arrears in the taxes directed to be raised by the several
acts for building and compleating the court house and gaol in the
county of Dutchess, and that by reason thereof, a considerable sum is
still owing to Peter Tappen, one of the superintendants for building
and compleating the said court house and gaol; therefore,
Vol. 2. — loi
802 LAWS OF NEW YORK. [Chap. 79.
Certifloatd Be it enacted by the People of the State of New York^ represented in
edDeu tcT Senate and Assembly^ and it is hereby enacted by tlie authority of the sanu^
Peter Tap- That the supervisors of the said county, shall, and they are hereby
'^"' required, at their annual meeting, to audit the accounts of the said Peter
Tappen, relative to the building and compleating the said court house
and gaol, and ascertain and settle the sum which was due to him, on the
first day of January, in the year one thousand seven hundred and eighty-
seven, and the sum so to be ascertained and settled, as due to the said
Peter Tappen, shall be considered as a principal sum, bearing an inter-
est of seven per cent per annum, from the said first day of January last
mentioned, until paid; that all monies hereafter to be paid into the
treasury of the said county, as monies levied by virtue of either of the
said acts, shall be deemed as monies, intended for the contingent
expences of the said county; that the said principal sum, and the inter-
est thereof, shall be deemed as part of, and shall accordingly be paid as
the contingent expences of the said county are paid ; that the supervis-
ors of the said county, shall from time to time thereafter, at their annual
meetings, cause and direct such sum and sums, as may be necessary for
the payment of the said principal. sum, and the interest thereof, to be
raised and levied, together with, and in like manner, as the contingent
charges, and as deficiencies in the taxes for such contingent charges are
assessed, levied and raised; and the treasurer of the said county, shall,
out of the monies which shall from time to time, after the passing of this
act, come to his hands, as monies raised for the contingent charges of
the said county, make payments to the said Peter Tappen, in discharge
of the said principal and interest, until the whole shall be paid and sat-
isfied in preference to any other payments, except payments to the over-
seers of the poor.
And for the more effectual collection of the arrears of the taxes here-
tofore assessed, for building and compleating the said court house and
gaol.
Collectors Be it further enacted by the authority aforesaid^ That the treasurer of
S>mp3ied the said county for the time being, shall be vested with the like authori-
to account, ties, for compelling the several collectors to collect the said taxes, and
for compelling them to pay into the treasury of the said county, the sums
by them respectively received, or to be received, as and for the said
taxes, as he is vested with, by the act entitled "An act, for raising
monies by tax," passed the eleventh day of April, one thousand seven
hundred and eighty seven, with respect to the taxes to be raised by vir-
tue of the said act last mentioned.
CHAP. 79.
AN ACT for the better extinguising fires in the city of Albany.
Passed the 15th of March, 1788.
Firemen In Be it enacted by the People of the State of New York^ represented in
Aji>any. Senate and Assembly^ and it is hereby enacted by the authority of the same^
That it shall and may be lawful to and for the mayor, aldermen and
commonalty of the city of Albany, in common council convened, or tVe
major part of them, to nominate and appoint, a sufficient number of ablq
discreet and sober men (willing to accept) not exceeding sixty in nun^
ber, of the inhabitants, being freeholders or freemen of the said city, to
Chap. 79.] ELEVENTH SESSION. 803
have the care^ management, working and using the fire engines, and the
other tools and instruments, now provided or hereafter to be provided,
for extinguishing of fires within the said city; which persons so to be
nominated and appointed as aforesaid, shall be called the firemen of the
city of Albany; who are hereby required to be ready at all times, as
well by night as by day, to manage work and use the said fire engines,
and other the tools and instruments aforesaid, pr9vided and to be pro-
vided for extinguishing fires in the same city.
And in order that the firemen so to be nominated and appointed as
aforesaid, may be diligent and vigilent in the execution of their duty:
Be it further enacted by the authority aforesaid^ That each of the per- Bxemp-
sons so to be nominated and appointed a fireman as aforesaid, shall from iJSSneiL
time to time, during his continuance in that office, and no longer, be and
he hereby is declared to be, exempted and previleged from serving in
the office of commissioner or overseer of the highways, or constable,
and from being impanelled upon any jury or inquest, and from militia
duty, except in cases of invasion, or other imminent danger; and that
for this purpose the name of every fireman, to be nominated and
appointed by virtue of this act, shall be registered and entered with the
clerk of the peace of the said city, and his certificate shall be sufficient
evidence, in all courts and cases, of such privilege and exemption. And
further^ that it shall and may be lawful to and for the mayor, aldermen
and commonalty of the said city, in common council convened, or the
major part of them, to remove and displace all or any of the firemen
now appointed, or to be nominated and appointed by virtue of this act,
when and as often as they shall think fit; and others in the room or
places of such as they shall so remove or displace, to nominate and
appoint, and so from time to time, as they the said mayor, aldermen and
commonalty of the said city, in common council convened, or the major
part of them, for the time being, shall think proper.
And be it further enacted by the authority aforesaid^ That it shall and Regula-
may be lawful to and for the mayor, aldermen and commonalty of the ero^ugflM*
said city, in common* common council convened, or the major part of JJJJJ^® **•
them, to make, establish and ordain, such rules, orders and ordinances
and regulations, for the government, duty and behaviour of the per-
sons to be by them, from time to time, nominated and appointed fire-
men, by virtue of this act, in the working, managing and frequent exer-
cising, trying and using the same fire engines, tools and other instru-
ments; and to impose and establish such reasonable fines, penalties and
forfeitures, upon them or any of them, for default or neglect of the
duties and services thereby to be enjoined or required from them, as
the mayor aldermen and commonalty of the same city, in common
council convened, or the major part of them, shall from time to time,
think proper.
And be it further enacted by the authority aforesaid, That upon the Duty of
breaking out of any fire within the said city, the sheriff, deputy sheriffs, Snd'other
constables and marshals, then being in the said city, upon due notice J^**^*,^
thereof, shall immediately repair to the place where such fire shall hap-
pen, with their staves and other badges of authority, and be aiding and
assisting, as well in the extinguishing of the said fires, and causing the
persons attending the same, to work, as in preventing any goods or
household-furniture from being stolen at such fires ; and the officers
aforesaid shall also give their utmost assistance to the inhabitants in
removing and securing their goods and furniture; and in the execution
*So in original.
804 LAWS OF NEW YORK, [Chap. 8o.
of the duties required from them by this act, shall in all respects be
obedient, to the orders and directions of the mayor, recorder and alder-
men of the said city, or such of them as shall, from time to time be
present at such fires.
Plre-buok- And be it further enacted by the authority aforesaid^ That it shall and
zeiisto" "^^y ^^ lawful to and for the mayor, aldermen and commonalty of the
procure, said city, in common council convened, if they shall deem it necessary
and proper, by a bye-law, or bye-laws, ordinance or ordinances, by them
for that purpose to be made and ordained, to direct and require the
inhabitants or owners of houses and other buildings in the said city, to
furnish and provide themselves with such and so many fire-buckets, to
be ready in their respective houses and other buildings, for the purposes
of extinguishing fires, which may happen in the said city; and to impose
and establish such reasonable fines, penalties and forfeitures, for every
neglect, default or disobedience thereof, as they the said mayor, alder-
men and commonalty of the said city, in common council convened^
shall think proper.
CHAP. 80.
AN ACT for the better extinguishing fires in the town of Brook-
lyn in Kings county.
Passed the 15th of March, 17S8
Firemen in Be it enacted by the People of the State of New York, represented in
town**of Senate and Assembly^ and it is hereby enacted by the authority of the same^
Brookijn. That it shall and may be lawful, for the freeholders and inhabitants of
the town of Brooklyn in Kings county, residing near the ferry, within
a line to begin at the East river, opposite to, and to be drawn up the
road that leads from the still-hous^ late the property of Philip Livings-
ton deceased, and including the same still-house, and the other build-
ings, on the south side of the same road, to and across the road leading
from Bedford to the ferry, south of the house of Matthew Cleaves, had
from thence northeasterly, including all the houses on the east side of
the road last mentioned, and east of the powder magazine of Comfort
and Joshua Sands, to the East river aforesaid, and from thence down
the East river, to the place of beginning, at the annual town meeting
of the freeholders and inhabitants of the same town, on the first Tues-
day in April in every year, to nominate and appoint, eight able and
sober men, residing within the limits aforesaid, to have the cust<Jdy,
care and management, of the fire-engine or engines, and the other tools
and instruments, now provided, or hereafter to be provided, for extin-
guishing fires within the limits aforesaid ; and all or any of the persons
so by them to be nominated and appointed, from time to time, at any
annual or other town meeting, to remove or displace, and any other
person or persons, in his or their place and stead to nominate and
appoint ; and that the person so to be nominated and appointed, shall
be called the firemen of Brooklyn, and shall be ready at all times, as
well by night, as by day, to manage, work, and exercise the same fire-
engine, or engines, and the other tools and instruments aforesaid, now
provided, and to be provided, for extinguishing fires within the limits
aforesaid ; and shall be subject to such rules, orders and regulations in
their conduct, duty and behaviour, as the freeholders and inhabitants
of the same town, residing within the limits aforesaid, in town meeting
Chap. 81.J ELEVENTH SESSION. 805
convened, shall from time to time malce and establish, for the better
government of the same firemen; and that such rules, orders and regu-
lations, so to be made as aforesaid, shall also be entered in the town
book, to be kept by the clerk of the same town.
And be it further enacted by the authority aforesaid^ That every person Exemp-
so to be nominated and appointed a fireman as aforesaid, shall be, and flymen
hereby is declared to be, during his continuance in that office, and no
longer, exempted and privileged from serveing in the office of overseer
of the highways, or constable, and from being impanelled upon any jury
or inquest, and of and from militia duty, except in cases of invasions or
other imminent danger; and to that end, the names of each person, to
be nominated and appointed a firemen, by virtue of this act, shall be
registered and entered in the town book, to be kept by the clerk of the
same town as aforesaid, and his certificate of such nomination and
appointment, shall be sufficient evidence, in all courts and cases, of such
privilege and exemption.
And whereas the fire engine or engines, now provided or hereafter
to be provided within the limits aforesaid, will want repairs, aud it may
be necessary to provide other instruments for the extinguishing fires ;
Therefore,
Be it further enacted by the authority aforesaid^ That it shall and Tax levy,
may be lawful, for the freeholders and inhabitants of the said town of l^^SjJ^g^
Brooklyn, residing within the limits aforesaid, at any town meeting, to
direct such sum or sums of money, as they shall deem necessary and
proper for the purposes aforesaid, to be raised, levied and collected, at
the same time, and in the same manner, as the monies for the mainte-
nance, and support of the poor, within the same town, are by law
directed to be raised, levied and collected, and to be paid into the i
hands of the town clerk of the same town, to be by him paid and applied
for the purposes aforesaid, at such time and times, and in such manner
as the major part of the firemen aforesaid, shall from time to time direct
and appoint.
CHAP. 81.
AN ACT to prevent the storing of gun-powder, within certain
parts of the city of New York.
Passed the 15th of March, 1788.
Whereas the practice of storing gun-powder within certain parts of
the city of New York, is dangerous to the safety of the said city ; there-
fore.
Be it enacted by the People of the State of Ntiv York, represented in Gunpow-
Senate and Assembly, and it is hereby enacted by the autfwrity of the same, ^®e of^in
1 hat it shall not be lawful for any person or persons, to have or keep 8ew*York
any quantity of gun-powder exceeding twenty eight pounds weight, in *'*'^'
any one place, house, store or out house, less than one mile to the
northward of the city hall of the said city, except in the public maga-
zine at the fresh water, which said quantity of twenty eight pounds, shall
be seperated in four stone jugs or tin cannisters, each of which shall
not contain more than seven pounds; and if any person or persons shall
keep any greater quantity than twenty eight pounds, in any one place,
house, store or outhouse, or if the same gun-powder so permitted to be
kept as aforesaid, shall not be seperated in the manner herein above
b06 LAWS OF NEW YORK. [Chap. 8i.
directed, he, she or they, shall forfeit all such gun-powder so kept con-
trary to the true intent and meaning of this act, or so permitted to be
kept, and which shall not be seperated as aforesaid; and shall also for-
feit the sum of fifty pounds, for every hundred weight of powder, and in
that proportion for a greater or less quantity, to be recovered, with costs
of suit, in any court having cognizance thereof, by any person or per-
sons who will sue for the same. Provided always^ that all actions and
suits to be commenced, sued or prosecuted, against any person or per-
sons, for any thing done contrary to this act, shall be commenced, sued
or prosecuted, within two kalender months next after the offence com-
mitted and not at any time thereafter.
And to avoid dangers from gun-powder laden on board of any ship
or other vessel, arriving from sea.
LaDdin«r of Be it further enacted by the authority aforesaid^ That the commander
frSKSiSu or owner or owners of every ship or other vessel, arriving from sea, and
having gun-powder on board, shall within twenty four hours after her
arival in the harbour, and before such ship or other vessel be hauled
along side of any wharf, pier or kpy, within the said city, land the said
gun-powder, by means of a boat or boats, or other small craft, at any
place on the East river, east of the wharf now building by Thomas
Buchanan, or at any place on the North river, to the northward of the
air furnace, which may be most contiguous to any of the magazines, and
shall cause the same to be stored in one of the magazines now built, or
hereafter to be built for that purpose, on pain of forfeiting all such gun-
powder, to any person or persons who will sue and prosecute for the
same to effect, in manner aforesaid.
And to prevent any evil consequences which may arise from the car-
riage of gun-powder;
Cartage of Be it further enacted by the authority aforesaid^ That all gun-powder
through^*^ which shall be carried through the streets of the said city, by carts,
the streets, carriages, or by hand, or otherwise, shall be in tight casks, well headed
and hooped, and shall be put into bags or leather cases, and entirely
covered therewith, so that no powder may be spilled or scattered ih the
passage thereof, on pain of forfeiting all such gun-powder as shall be
conveyed through any of the streets aforesaid, in any other manner. than
is hereby directed; and it shall and may be lawful for any person or
persons, to seize the same, to his or their own use and benefit, and to
convey the same to one of the magazines aforesaid, and thereupon to
prosecute the person or persons offending against this act, before the
mayor, or recorder, and any two aldermen of the said city; and such
gun-powder shall upon conviction, be condemned to the use of the per-
son or persons seizeing the same.
Search for And be it further enacted by the autJwrity aforesaid^ That it shall and
fBSSSiy***'^ may be lawful, for the mayor, or recorder, or any two aldermen of the
stored. said city, upon application made by any inhabitant, or inhabitants of the
said city, and upon his or their making oath of reasonable cause of sus-
picion, (of the sufficiency of which the said mayor, or recorder, or alder-
men is and are to be the judge or judges) to issue his or their warrant
or warrants, under his or their hand and seal, or hands and seals, for
searching for such gun-powder, in the day time, in any building or place
whatsoever, within the limits aforesaid, or in any ship or other vessel,
withm forty eight hours after her arrival in the harbour, or at any time
after such ship or other vessel shall and may have hauled along side any
wharf, pier or key, withm the limits aforesaid ; and that upon any such
search it shall be lawful for the persons finding any such gun-powder,
immediately to seize, and at any time, within twelve hours after such
Chap. 82.] ELEVENTH SESSION. 807
seizure, to convey the same to one of the magazines aforesaid; and the
same gun-powder, being so removed, to detain and keep, until it shall
be determined by the mayor or recorder and any two aldermen of the
said city, whether the same is forfeited by virtue of this act ; and the
person or persons so detaining the same, shall not be subject or liable to
any action or suit for the detention thereof.
Provided always^ that nothing in this clause of this act contained, shall
be construed to authorise any person having such warrant, to take advan-
tage of the same, for serving any civil process of any kind whatsoever;
Provided also that nothing in this act contained, shall extend to ships of
war or packets in the service of the United States or any of them, or of
any foreign prince or State, not to authorize the searching for gun powder
on board of any such ship or vessel while laying in the stream, and
upwards of one hundred yards from the wharf or shore.
And be it further enacted by the authority aforesaid^ That if any gun Guddow-
powder exceeding twenty eight pounds, shall be found in the custody of J® Ume^*f
any person, during any fire or alarm of fire, in the said city, by any fire- Are.
man of the said city, it shall be lawful for him to seize the same, with-
out warrant from the mayor, or recorder, or aldermen, and to cause the
same to be condemned in manner aforesaid to his own use ; any thing
in this act to the contrary notwithstanding.
CHAP. 82.
AN ACT to prevent the destruction of deer.
Passed the 15th of March, «I788.
Be it enacted by the People of the State of Nnu York, represented in Deer, what
Senate and Assembly y and it is hereby enacted by the authority of the same, "jfung of
That if any person or persons shall kill or destroy any wild buck, doe prohibltwi.
or fawn, or any other sort of deer whatsoever, at any time in the months
of January, February, March, April, May, June or July, every such per-
son, shall, for every buck, doe or fawn, or other deer, so killed or
destroyed as aforesaid, contrary to the true intent and meaning of this
act, forfeit and pay the sum of three pounds, to be recovered, with costs
of suit, in any court having cognizance thereof, by any person or per-
sons who will sue and prosecute for the same; the one moiety of which
forfeiture, when recovered, to be paid to the overseers of the poor of the
town or place where the offence shall be committed, for the use of the
poor thereof; and the other moiety to such person or persons as shall
sue and prosecute for the same as aforesaid.
And be it further enacted by the authority aforesaid. That every person Poesessioo
in whose custody shall be found, or who shall expose to sale any green SeerlkYn,
deer skin, fresh venison or deers flesh, at any time in any of the months ©tc., evi-*
before mentioned, and shall be thereof convicted, before any justice of the gSut? °
peace, by the oath of one credible witness, or by the confession of the
party, shall, unless such party shall prove that some other person killed
such buck, doe, fawn or other deer, be deemed and adjudged guilty of
the said offence.
And in order the more easily to convict offenders against this act;
. Be it further enacted by the authority aforesaid, That it shall be law- ^ seSSh
ful for any justice of the peace, in any county of this State, and every forBkins,
such justice is hereby required, upon demand made by any person, Jto. ^^°'
808
LAWS OF NEW YORK.
[Chap. 83.
assigning a reasonable cause of suspicion upon oath, (of the sufl5ciency
of which the said justice is to judge) at any time in any of the months
before mentioned, to issue his warrant, under his hand and seal, to any
constable of any town or place in the same county, for searching, in the
day time, in any house, store, out-house or other place whatsoever, where
any green deer skin, fresh venison or deers flesh is suspected to be cori-
cealed ; and in case any green deer skin, fresh venison, or deers flesh
shall upon such search be found, the person in whose custody the same
shall be found, or who concealed the same, shall forfeit the sum of three
pounds, to be recovered and applied in manner aforesaid.
HouodiDs And he it further enacted by the authority aforesaid^ That if any person
pr<Si1wted. ^^ persons shall at any time, hunt, pursue or destroy any wild buck, doe
or fawn or other deer (except in the county of Suffolk) with any blood
hound or blood hounds, beagle or beagles, every such person, shall, for
every such offence, forfeit and pay the sum of three pounds, to be recov-
ered and applied as aforesaid. Provided that nothing in this clause of
this act contained, shall be construed to prevent any person or persons
from making use of any blood hounds, or beagles, in the hunting, pur-
suing or destroying of wolves, or other destructive wild animals.
. And be it further enacted by the authority aforesaid^ That all former
acts and laws of this State concerning deer, shall be, and hereby are
repealed.
Former
laws re-
pealed.
CHAP. 83.
AN ACT vesting the estate of Sarah Ann Delaplaine in the trus-
tees therein named.
Passed the 15th of March, 1788.
Preamble. Whereas Sarah Ann Delaplaine by a certain indenture bearing date
the 1 2th day of March, in the year one thousand seven hundred and
seventy three, did grant, assign and convey, unto John Watts, William
Axtell and James Jauncey Esquires, a certain bond and mortgage, in the
same indenture mentioned, and also all her share, interest and propor-
tion, of the residuary estate of her father Joshua Delaplaine deceased,
upon certain trusts in the said indenture mentioned ; and whereas all
the estates of the said John Watts, William Axtell, and James Jauncey,
have been forfeited to, and are vested in the people of this State ; and
whereas the said Sarah Ann Delaplaine, by a certain other indenture,
bearing date the second day of the 6th month in the year one thousand
seven hundred and eighty five, hath granted and assigned, her whole
estate, real, personal, and mixed, unto Joseph Delaplaine, Nicholas
Delaplaine, and John Murray junr., all of the city of New York mer-
chants, upon certain trusts in the same last mentioned indenture com-
prised ; and the said last mentioned trustees, have prayed the legislature
that, the whole of the estate of the said Sarah Ann Delaplaine, may be
vested in them, for the benefit of the said Sarah Ann Delaplaine, and
upon the trusts ccntained in the said last mentioned indenture; there-
fore,
Be it enacted by the People of the State of New Yorky represented in
Senate and Assembly ^ and it is fiereby enacted by the authority of the same.
That the whole estate, real, personal and mixed, of the said Sarah Anm
Delaplaine, shall be vested in the said Joseph Delaplaine, Nicholas
Delaplaine, and John Murray junr., as fully as they would have been,
Efitateof
Mary Ann
Delaplaine
vested In
trustees.
Chap. 84.] ELEVENTH SESSION. 809
if the several matters and things conveyed to the said John Watts, Wil-
liam Axtell, and James Jauncey by the said first mentioned indenture,
had been duly granted, assigned, and conveyed to them, the said Joseph
Delaplaine, Nicholas Deleplaine, and John Murray junr., previous to
the attainder of the said John Watts, William Axtell, and James Jauncey,
upon security being given to the satisfaction of the chancellor, by the
said Joseph Delaplaine, Nicholas Delaplaine, and John Murray junr.,
in such sum as he shall appoint, for their performance of the trusts
specified in the said last mentioned indenture. And further^ that the
said Joseph Delaplaine, Nicholas Delaplaine, and John Murray junr.,
their heirs, executors, and administrators, after such security being
given as aforesaid, may maintain any action or actions, in their own
names or otherwise, as the case may require, for any lands, tenements
or hereditaments, goods, chatties, effects, bonds, obligations, or other
securities, for money, which were so as aforesaid, granted, conveyed, or
assigned, to the said John Watts, William Axtell, and James Jauncey
by the said first recited indenture, and not by them legally sold or
assigned, in whatsoever persons hands the same may now be; and shall
and may recover the same, in like manner, as the said John Watts, Wil-
liam Axtell, and James Jauncey, would or might have done, if they had
not been attainted as aforesaid.
CHAP. 84.
AN ACT for the relief , of Francis Upton.
Passed the 15th of March, 1788.
Whereas Francis Upton claims to be one of the proprietors of a Preamble,
tract of land in the county of Montgomery, formerly granted to Clot-
worthy Upton, and hath petitioned that he may be allowed to discharge
the quit rents due for the said land, and to commute for those to come,
upon such favourable terms as the legislature may think proper; and
whereas it appears that the said Francis Upton is actually resident upon,
and employed in settling and improving the said lands ; therefore
Be it enacted by the People of the State of New York, represented in Francis
Senate and Assembly, and it is hereby enacted by the authority of the same, S|JJS2d to
That it shall and may be lawful for the said Francis Upton, at any time commute
before the first day of May one thousand seven hundred and eighty- renS?^'
nine, to pay and discharge all quit rents reserved in or upon the original
grant of the said Clotworthy Upton, and due at the time of such pay-
ment, and to commute for the future quit rents that would otherwise be
payable for or upon the same, in like manner as the citizens of this State
are by law entitled to pay and commute for the quit rents due, or to
arise, for or upon their lands, in any public securities issued out of the
treasury of this State; any law to the contrary thereof in anywise not-
withstanding. And further, that when such payment and commutation
shall be made as aforesaid, the said lands so granted shall be forever
discharged from the quit rents reserved in and by the original grant
aforesaid. Provided always, that upon such payments so to be made by
virtue of this act, no interest whatsoever shall be computed upon the
sums specified in the public securities so to be paid as aforesaid, but the
same shall be estimated and taken, at and for the principal sums therein
expressed and no more.
Vol. 3. — 102
810 LAWS OF NEW YORK. [Chap. 85.
CHAP. 85.
AN ACT to punish infractions of that article of the Constitution
of this State, prohibiting purchases of lands from the Indians,
without the authority and consent of the legislature ; and more
effectually to provide against intrusions on the unappropriated
lands of this State.
Passed the i8th of March» 1788.
Preamble. WHEREAS by the thirty seventh section of the Constitution of this
State, reciting, that it is of great importance to the safety of this State,
that peace and amity with the Indians within the same be at all times
supported and maintained, and that the frauds too often practiced
towards the said Indians, in contracts made for their lands, have, in
divers instances been productive of dangerous discontents and animosi-
ties ; it is ordained that no purchases or contracts for the sale of lands,
made since the fourteenth day of October, one thousand seven hundred
and seventy five, or which might thereafter be made with, or of the said
Indians, within the limits of this State, shall be binding on the said
Indians, or deemed valid, unless made under the authority, and with
the consent of the legislature of this State. In order therefore more
effectually to provide against infractions of the Constitution in this
respect ;
Land con- Be it enacted by the People of the State of New- York, represented in
indUnr**^ Senate and Assembly^ and it is hereby enacted by the authority of the same^
prohibited. That if any person shall hereafter, unless under the authority and with
ihe consent of the legislature of this State, in any manner or form, or
on any terms whatsoever, purchase any lands within the limits of this
State, or make contracts for the sale of lands within the limits of this
State, with any Indian or Indians, residing within the limits of this
State, every person so purchasing, or so making a contract, shall be
deemed to have offended against the people of this State, and shall on
conviction, forfeit one hundred pounds to the people of this State, and
shall be further punished by fine and imprisonment in the discretion of
the court.
Sale of And be it further enacted by the authority aforesaid^ That every per-
claimed ^^^ ^^^ ^^^^ hereafter give, convey, sell, demise, or otherwise dispose
under of, or offer to give, convey, sell, demise or otherwise dispose of, any
JtmIw pro lands within the limits of this State, or any right, interest, part or share,
hibited. of or in any lands within the limits of this State, or intrude or enter on,
or take possession of, or settle on any lands within the limits of this
State, pretending or claiming any right, title or interest in such lands,
by virtue, under colour, or in consequence of any purchase from, or
contract for the sale of lands made with any such Indian or Indians as
aforesaid, at any time since the fourteenth day of October, one thou-
sand seven hundred and seventy fiWQ^ and not under the authority and
with the consent of the legislature of this State, every such person shall
be deemed to have offended against the people of this State, and shall
on conviction, forfeit the sum of one hundred pounds to the people of
this State, and be further punished by fine and imprisonment in the dis-
cretion of the court.
Intruders And be it further enacted by the authority aforesaid. That if any per-
ed^andS^^ sons Other than Indians shall, after the passing of this act, take posses-
reiaUve to. sion of, or intrude, or settle on any of the waste or ungranted lands of
Chap. 86. J ELEVENTH SESSION. 811
this State laying eastward of the lands ceded by this State to the Com-
monwealth of Massachusetts and westward of the line or lines commonly
called the Line of Property agreed on between the Indians and the
superintendant of Indian afifairs, in the year one thousand seven hun-
dred and sixty eight, every person so taking possession of or intruding,
or settling on any such waste or ungranted lands within the limits afore-
said, shall be deemed as holding such lands by a foreign title against
the right and sovereignty of the people of this State, and it shall and
may be lawful for the person administering the government of this State
for the time being, and it is hereby declared to be his duty, to remove,
or cause to be removed from time to time, by such means and in such
manner as he shall judge proper, all persons, other than Indians, who
shall so take possession of, or settle or intrude on any of the waste or
ungranted lands of this State within the limits aforesaid and to cause
the buildings or other improvements of such intruders on such land to
be destroyed : and for that purpose in his discretion to order out any
proportion of the militia from any part of this State, and such an
occasion to be deemed an emergency intended in the second sec-
tion of the act entitled "An act to regulate the militia " passed the
4th day of April 1786, and the detachments so from time to time to
be ordered out, shall receive the same pay and rations and be subject to
the same rules and regulations, as is provided in the said section of the
said act. And for defraying the expences of paying and subsisting the
militia, so from time to time to be ordered out, and of the contingen-
cies to arise in such services.
Be it further enacted by the authority aforesaid^ That it shall be lawful MUitiamay
for the person administering the government of this State for the time ^ remove
being, from time to time, by warrant under his hand, to draw from the intruders,
treasurer of this State, such sum and sums of money as he shall deem
necessary, not exceeding two thousand pounds; and the treasurer is
hereby required, out of any monies he may have in the treasury, forth-
with to answer every such warrant; any other appropriation of the
monies in the treasury, except appropriations to private persons in dis-
charge of contracts, notwithstanding. And every person to be appointed
or intrusted by the person administering the government, with the expen-
diture ol any of the said monies, shall be responsible to the people of
this State for the respective expenditures, and shall account with the
auditor ot this State accordingly.
CHAP. 86.
AN ACT for raising monies by tax.
Passed the 19th of March, 1788.
Be it enacted by the People of the State of New York, represented in Tax levy of
Senate and Assembly^ and it is hereby enacted by the authority of the same, ^'S2 of
That there shall be raised and levied within this State the sum of twenty the ooun-
four thousand pounds; and that the quota of the city and county of ^^
New York of the said sum shall be six thousand one hundred pounds;,
the quota of the city and county of Albany shall be two thousand nine
hundred and fifty pounds; the quota of the county of Columbia shall be
one thousand two hundred and fifty pounds; the quota of the county of
Dutchess shall be two thousand five hundred and fifty pounds, the
812 LAWS OF NEW YORK. [Chap. 86.
quota of the county of Ulster shall be one thousand seven hundred
pounds; the quota of the county ot Orange shall be one thousand two
hundred pounds; the quota of the county of West-Chester shall be one
thousand seven hundred pounds, the quota of the county of Suffolk
shall be two thousand pounds; the quota of Queens county shall be two
thousand pounds, the quota of Kings county shall be nine hundred
pounds, the quota of the county of Richmond shall be four hundred and
fifty pounds; the quota of the county o! Montgomery shall be eight
hundred pounds , and the quota of the county of Washington shall be
four hundred pounds
Asaees- And be ti further enacted by the authority aforesaid^ That the super-
collection, visors of the several counties, or the majority of them, shall respectively
when to be meet on the first Tuesday of September next, and cause the said respec-
tive quota s assigned to their several counties, to be raised, assessed,
levied and collected, in like manner as the contingent charges of such
counties are usually raised, assessed, levied and collected. And that the
respective collectors ot the city and county of New York shall pay the
sums by them severally to be collected to the treasurer of this State, on
or before the first day of March next, deducting eight pence in the
pound for collection . And the respective collectors of the several other
cities and counties of this State, shall pay the sums by them severally to
be collected, to the respective county treasurers, on or before the first
day of February next deducting one shilling in the pound for collec-
tion. And that the respective county treasurers, shall pay the respec-
tive quota's of their counties, to the treasurer of this State, on or before
the said first day of March, which will be in the year of our Lord one
thousand seven hundred and eighty nine deducting three pence in the
pound, for their fees.
Duties an^ And be it further enacted by the authority aforesaid. That the several
of pubUc ju^g^s, justices of the peace, county treasurers, supervisors, assessors
officers. and collectors, shall respectively perform the like duties, exercise the
like powers, and be subject to the same penalties, for neglect or refusal to
discharge their duty, as are directed and prescribed, in and by the act,
entitled, ''An act for raising monies by tax," passed the twenty ninth
day of April, in the year of our Lord one thousand seven hundred and
eighty six, proxncted always, that the assessors shall specify and rate the
real and personal estate by them to be rated in seperate and distinct
columns, in the assessment rolls, any thing in the said act to the con-
trary notwithstanding.
AflsesB- And be tt further enacted by the authority aforesaid^ That the assessors
maJkiiiffof. ^^ ^^ several cities, towns, manors, precincts, districts and places, in
the several counties and cities aforesaid, shall respectively meet on the
first Tuesday of October next, to make the assessment in pursuance of
this act, and shall compleat such assessment, within twenty days after
such meetmg, and that the tax rolls shall be delivered to the respective
collectors, on or before the tenth day of November next.
And whereas there are some arrears of taxes due from several of the
counties of this State, upon the said act entitled, **An act for raising
monies by tax," passed the said twenty ninth day of April in the year
one thousand seven hundred and eighty six ; therefore,
Arrean of Be it further enacted by the authority aforesaid. That it shall and may
StaSYax. be lawful for the mayor, recorder and aldermen of the city of New York,
and the supervisors of each ot the respective counties of this State,
for the time being, or the major part ot them, respectively, and they are
hereby respectively required, when they meet, to cause the tax imposed
by this act to be levied, and at such other times as they shall respec-
Chap. 87.J ELEVENTH SESSION. 813
tively think proper, to examine and ascertain, what sums remain due
and unpaid of the said tax imposed by the said act, and where they find
any sum or sums uncollected, and the persons or estates charged with
the same, are within the county and sufficient to pay the same, they shall
issue their warrants to the collectors for the time being, of the respec-
tive towns and places where such sums remain unpaid, for the collec-
tion thereof; and the respective collectors shall levy and collect and
and pay all such sums at the times, and in the same manner, and under
the same penalties, as they are authorized and required to do, with
respect to the taxes imposed by this act ; and where it shall appear that
any such arrears have happened, in any town or place by the msolvency
of any person taxed, or the want of effects whereon to levy such tax, or
by the insolvency, or misconduct of the collector, all such arrears shall
be added to, and be levied, collected and paid with, the proportion of
such town or place, of the tax imposed by this act. And further ^ that
when any such arrears have happened in any city or county, from any
other cause, such arrears shall be added to and be levied, collected and
paid, with the quota of such city or county, of the tax imposed by this
act.
And be it further enacted by the authority aforesaid, That if the mayor, Penalty for
recorder or any alderman of the city of New York, or any justice, super- pSbilic^ ^
visor, county treasurer or assessor, shall neglect or refuse, to perform oflioep.
any of the duties required of him by this act, every such person, so neg-
lecting, or refusing, to perform any such duty, shall forfeit to the people
of this State the sum of fifty pounds, to be recovered in the manner
directed in and by the eleventh section of the said act, entitled **An act
for raising monies by tax," passed the twenty ninth day of Aprils one
thousand seven hundred and eighty six.
CHAP. 87.
AN ACT to naturalize the persons therein named.
Passed the 20ch of March, 1788.
Whereas Henry Nash, George Lyon, Azarias Williams, Joseph Preamble.
Towers, Thomas Dodds, Henry Lot, George Orff, William Rutledge,
Lot Merkel, Christian Baehr, Joseph Corre, James Stewart, William
Austin, Coenraedt Beerigh, John Daniel Fraser, Marin Francis Durand,
William Cheevers, Francis Durand, William Wood, Alexander Marsh
Wood, Patrick Smyth, John Connell, William Lawler, John Van Der
Meulen, Bryan Charles Pritchard, John Blacklock, Francis ConihanCy
Martm O'Reily, Arnold Rombergh, Hendrick Teats, Matthew Cowper,
Lucas Senf, Henrick Hose, Johannes Helwigh, Adam Berker, August
Mouet, James Cockbum, John George Bloomenberg, Henry Hoffman,
James Bradford, Archibald Kirly, Dominique De Bartzch, John George
Orft, John Zealman, James Palmer, George Suffem, Bernhardt Hudson,
August Mark, Gottlieb Krach, Adam Bower, Andrew Mickell, Michael
Gotthart Kurau, Valentine Wagenaer, Baltzer Strouch, Russel Fore-
man, Henry Fanshaw, Simon Nathan, Aaron Pimental, John Young,
Lyon Jonas. George Dilfaort, Michael Nesslar, Myers Regensburgh,
William Wilmerdmg, C. L. Cammann, and William Alexander, have by
their several petitions to the legislature, prayed to be naturalized; there-
fore,
814 LAWS OF NEW YORK. [Chap. 88.
Persons Be it enacted by the People of the State of New York^ represented in
JJUJ^J**" Senate and Assembly^ and tt is hereby enacted by the authority of the same^
That the above named persons, shall be, and they are hereby respectively
naturalized; and snail from and after having taken and subscribed,
in any court of record within this State, the oath of allegiance to this
State, and have abjured and announced all allegiance and subjection,
to all and every foreign kmg. prince, potentate and State, in all matters
ecclesiastical as well as civil, be deemed citizens of this State, to all
intents, constructions and purposes whatsoever . and that the court in
which any of the persons herein before mentioned, shall be admitted to
take such oath, shall cause an entry thereof to be made in the minutes
of the said court, and shall give a certificate to such persons respect-
ively, purporting that such person hath been admitted to such oath, in
the said court in pursuance of this act; and such persons, upon taking
such oath, shall respectively pay to the judges of such court six shillings,
and to the clerk thereol three shillings.
Lands i And be tt further enacted by the authority aforesaid^ That no lands,
purohMed tenements or hereditaments, in this State heretofore purchased by any
Jgtto es- of the persons herein before named, shall escheat to the people of this
State, by reason or on account of such person's then being an alien;
but all such lands, tenements and hereditaments, shall vest in such pur-
chaser, in the same manner, as if such purchaser had been naturalized,
at the time of such purchase; any law to the contrary notwithstanding.
Provided aluHzys^ that such of the persons above named and hereby
naturalized, as shall not take the oath of allegiance and abjuration
aforesaid, in manner herein before directed, within twelve calender
months, next after the passing of this act, shall have no manner of benifit
by this act ; any thing herein contained to the contrary notwithstanding.
CHAP. 88.
AN ACT to prevent breaking and defacing mi)e-stones and pub-
lic monuments.
Passed the 20th of Marchp 1788.
Preamble. WHEREAS the erection of mile stones, hands, pointers and other mon-
uments, for the direction of travellers along the public roads, greatly
contributes to the convenience of such travellers; tiierefore,
Breakinir Be it enacted by the People of the State of New Yorky represented in
in^mne^ ^^^^^^ ^^^ ^^s^^^bly^ and it is hereby enacted by the authority of the same^
stones, That ii any person or persons shall remove, or willfully break, deface, or
penalty for. j^ ^^^ ^jg^ damage, any of the mile stones, hands, pointers, or any other
monument already erected or put up, or hereafter to be erected or put up
within this State, for the direction of travellers, the person or persons
so removing or willfully breaking, defacing, or in any wise damaging
any of the said mile stones, hands, pointers, or any other monument,
shall forfeit and pay the sum of three pounds, for every mile stone,
hand, pointer or other monument so removed, broken, defaced or other-
wise damaged; to be recovered, with costs of suit, in any court having
cognizance thereof, by any person or persons who will sue and prose-
cute for the same ; the one moiety of which forfeiture, when recov-
ered, to be paid to the person or persons suing and prosecuting
for the same to effect: and so much of the other moiety, as may be
Chap. 89. J ELEVENTH SESSION. 815
necessary for that purpose, to be applied to repairing the damage done,
and the residue, if any there be. to be paid to the overseers of the poor
of the city or town where the offence shall be committed, for the use of
the poor thereof ; and if any person or persons convicted of any of the
offences herein mentioned, shall refuse or neglect to pay such forfeiture,
he, she or they so convicted, shall be committed to the common gaol
of the county, there to remain without bail or mainprize for the space
of thirty days, unless such forfeiture shall be sooner paid.
CHAP. 89.
AN ACT to extend the powers of the commissioners of the land
office to the cases therein mentioned, and for other purposes.
Passed the 20th of March, 1788
Whereas by the second proviso to the nineteenth section of the act Preamble,
entitled "An act for the speedy sale of the unappropriated lands within
this State, and for other purposes therein mentioned *' passed the fifth
day of May, one thousand seven hundred and eighty six, every person
intitled to the benefit intended by the said section of the said act was
directed to make application therefor, to the commissioners appointed
by the said act. within six months after passing ot the said act. Ana
whereas so great a part of the said time was elapsed before the said act
was printed, that many of the persons for whose benefit the said section
was intended could not avail themselves thereof, therefore.
I. Be it enacted by the People of the State of New York represented in Grants of
Senate and Assembly^ and it is hereby enacted by t/ie authority of the same, {JSde' ***^^
That it shall and may be lawful, to and for the commissioners appointed
by the said act, to make grants of unappropriated or ungranted lands in
manner directed by the nineteenth section of the said act passed the
fifth day of May, one thousand seven hundred and eighty six. Fro^inded
that application to the said commissioners for such grant, be made on or
before the first day of January next ensuing the passing ot this act.
And whereas adverse claims are made by persons who have heretofore .
located unappropriated or ungranted lands, by virtue of the laws of this
State, authorizing locations ot land, and others claiming the benefit of
the third section of the act entitled **An act to prevent grants or loca-
tions of the lands therein mentioned ' passed the 25th day of July, one
thousand seven hundred and eighty-two, and of the proviso annexed to
the said third section, and no mode is directed by the said act or any
other act for the conduct of the surveyor general, and of the said com-
missioners in such cases, for remedy whereof,
II. Be it further enacted by the authority aforesaid^ That where any Adverse
unappropriated or ungranted. lands have heretofore, or hereafter shall ^',5?^^^''
be located by any person or persons, if such lands were occupied and howdeter-
possessed, on or before the passing of the said act last mentioned, by °* °
the present occupant or possessor, or by any person who is the heir or
legal representative of any original occupant or possessor, if such orig-
inal occupant or possessor did not go off to, or join the enemies of this
State during the late war, then the lands so occupied and possessed shall
not be granted to the person or persons having located the same; but
if it shall appear, that the lands so located were originally occupied by
the person or persons so locating the same, or that the present occupant
81 G LAWS OF NEW YORK. [Chap. 89.
did not, on or before, the twenty fifth day of July, one thousand seven
hundred and eighty- two, actually occupy and possess the same; that he
is not the heir or legal representative of the original occupant; thai
being such heir or legal representative, the original occupant did go off
to, and join the enemies of this State during the late war, that then and
in either of these cases, the lands so located, shall be granted to the
person or persons having so located the same, or to his or their legal
representatives; and in order to enable the commissioners aforesaid to
determine, to which of the claimants a grant shall pass, for such lands
so located or occupied, the surveyor general shall, at the request of the
person or persons having located such lands, or at the request of the
occupant, return a survey of the lands so in controversy, to the said
commissioners, who shall cause a notice to be served on the adverse
party, and shall appoint a day to hear the said parties, and their respect-
ive evidences; and having so heard, shall determine agreeable to law,
to which of the parties such lands shall be granted, and shall accord-
ingly direct the same to be granted, any thing in any law of this State to
the contrary notwithstanding.
PaymeDts III. And be it further enacted by the authority aforesaid, That previ-
intotreas- ^^j. j^ ^^it passing of any 'grant to such occupant as aforesaid, he shall
produce a receipt from the treasurer of this State, that he has paid to
the said treasurer, at the rate of one shilling per acre, for every acre
contained in the tract for which he is to obtam such grant as aforesaid^
in any certificates signed by Gerard Bancker as treasurer of this State.
Miiitery IV. And be it further enacted by the authority aforesaid, That all per-
locaUoDfl. gQj^g having military certificates on bounties of unappropriated lands^
shall make their respective locations by virtue of such certificates on or
before the first day of July, which will be in the year one thousand
seven hupdred and eighty nine; and that no location shall be made by
virtue of any such certificate from and after the said first day of July
Indian in the said year one thousand seven hundred and eighty nine, providecC
lands. ^^^ j^Q gy^jj location which shall have been made on any lands, which
were the property of the Oneida, Onondaga, Cayuga, Tuscarora or Seneca
nations of Indians, or of any of them, on the first day of January in the
year one thousand seven hundred and eighty five, shall take effect, unless
such location shall have been made before that day, and unless aJso the
Indian right to such lands shall by a cession in any form from the
Indians to the people of this State be extinguished before the first day
of July one thousand seven hundred and eighty nine. And further y,
that if the Indian right to such lands, shall be so extinguished, the tract
of land set apart for the use of the troops of this State, by virtue of the
first section of the act entitled "An act to prevent grants or locations of
the land therein mentioned'* passed the 25th day of July, one thousand
seven hundred and eighty two, shall be then appropriated to the use of
such troops, instead of the lands now appropriated to such use, by virtue
of the act entitled "An act for the speedy sale of the unappropriated
lands within this State and for other purposes therein mentioned/*
passed the 5th day of May 1786.
surveyaiof V. And be it further enacted by the authority aforesaid. That all persons
lauds!^ who are now entitled to letters patent for any lands, shall cause the
same to be surveyed at their own expence respectively, by the surveyor
general or one of his deputies, and shall sue out such letters patent on
or before the first day of March next. And further, that all persons
who shall, after the passing of this act, become entitled to letters patent
for any lands, shall cause the same to be surveyed at their own expence
respectively, by the surveyor general or one of his deputies, and shall
Chap. 89.] ELEVENTH SESSION. 817
sue out such letters patent within one year from the time they shall
respectively become entitled thereto, or in default thereof that they for-
feit their respective rights to such letters patent, and that the lands shall
be accordingly grantable to others. Provided always that if the persons
entitled to letters patent, shall respectively make it appear, to the satis-
faction of the commissioners of the land office, that the lands could not
be surveyed within the period for that purpose hereby limited, it shall
be in the discretion of the commissioners to grant such farther time, and
from time to time, to the said several persons, for making the respective
surveys, as they shall deem reasonable.
VI And be it further enacted by the authority aforesaid. That all per- Chemung,
sons having made locations by virtue of military certificate on any lands ^^° **^'
lying within the town of Chemung, shall cause the same lands to be sur-
veyed at their own expence respectively by the surveyor general or one
of his deputies before the first day of July next.
And whereas Timothy Church, Israel Smith, Samuel Bixby and Wil-
liam White, four of the persons deemed to be entitled to lands, in the
tract appropriated for the use of the persons who have suffered in
opposing the pretended government of Vermont, have caused the said
tract and the several allotments therein, to be surveyed and run out,
and have actually paid, and remain liable to pay monies, as and for the
expences of such survey, therefore
VII. Be it further enacted by the authority aforesaid^ That it shall and Survejraiof
may be lawful for the commissioners of the land office, to examine the Vermont
accounts of the said Timothy Church, Israel Smith, Samuel Bixby and aettiere,
William White, of the expences incurred by them, in and about such ®*'*®°®® °
survey, and ascertaip the amount thereof as the commissioners shall
deem just and reasonable, and such amount shall be, and hereby is
declared, charged on the whole of the lands so appropriated as afore-
said, and the several persons to whom grants of any of the lands so
appropriated as aforesaid, shall have been, or shall be ordered to issue,
shall before they shall be entitled to receive their grants, either pay to
the secretary of the State for the use of the said Timothy Church, Israel
Smith, Samuel Bixby and William White, the respective proportions of
the said grantees, of such amount of the expences of the said survey,
according to the number of acres granted to the said grantees respect-
ively, or produce to the secretary, receipts from the said Timothy
Church, Israel Smith, Samuel Bixby and William White, or either of
them, to them the said several grantees for the amount of the sums to
be paid by them, as their respective proportions of the said expences.
That where allotments in the said tract have been allotted to two or
more persons, it shall be lawful for the commissioners to grant to the
several persons, their respective parts in severalty, as the commission-
ers shall deem proper. That it shall be lawful for the commissioners,
to order a grant to issue to William Guthrie, William Guthrie junior and
Reuben Kirby, for allotment number eighty one in the tract ad'oresaid,
and that allotment number seventy five be deemed as allotted to Thomas
Baker and Samuel Bixby instead of the said allotment number eighty
one. That it shall be farther lawful for the commissioners to issue a
grant to Philip Frisbee, Samuel Frisbee, Philip Frisbee junior,* Ephraim
Guthrie, Eben Landers, Seth Stone, Goold Bacon, Heman Stone,
Nathaniel Benton junior, Joseph Landers and Roderick Moore, and
such persons as shall be associates of the said eleven persons last
named, allotments number forty five and sixty one, and they the said
William Guthrie, William Guthrie junior, Reuben Kirby, and the said
Philip Frisbee, Samuel Frisbee, Philip Frisbee junior, Ephraim Guthrie,
Vol. 2. — 103
818 LAWS OF NEW YORK. [Chap. 90.
Eben Landers, Seth Stone, Goold Bacon Heman Stone, Nathaniel Ben-
ton junior, Joseph Landers and Roderick Moore, and their associates
shall pay into the treasury of this State in any public securities signed
by the treasurer of this State, at the rate of one shilling and three pence
per acre for the lands to be granted to them respectively, and to be paid
before they shall severally be entitled to receive their respective grants.
That where grants for any lands within the tract afore^id have been,
or shall hereafter be ordered or directed to issue, if the several grantees
shall not within such reasonable time, as the commissioners shall from
time to time assign sue out their respective grants it shall be in the
discretion of the commissioners to order and direct the surveyor gen-
eral to sell such lands, and to direct grants to issue to the respective
purchasers as is provided in other cases of lands to be sold by the sur-
veyor-general.
Nuttenor VIII. And be it further enacted by the authority aforesaid, That the
telaod?^'^^ commissioners of the land office shall direct the surveyor general to
survey the island, commonly called Nutten Island, or Governor's Island,
and to lay out the same into lots not exceeding two acres each, with
such lanes or streets as the commissioners shall deem proper, and shall
direct the surveyor general to sell the said lots in such manner as he is
required to sell unappropriated lands, by the act for the speedy sale of
unappropriated lands " passed the fifth day of May in the year one
thousand seven hundred and eighty six; and that on such sales, no
public securities, other than such as are signed by the treasurer or audi-
tor of this State shall be received in payment and provided further y that
it shall be in the discretion of the commissioners, to direct such parts
of the said island as they shall deem proper to be reserved for fortifi-
cations, to remain unsold.
Grant to IX. And be it further enacted by the authority aforesaid, That it shall
Oarnsey. ^^ lawful for the commissioners of the land office, to issue a grant to
John Garnsey of the lands located by him in the tract purchased from
the Indians in the year one thousand seven hundred and eighty five, or
of such vacant lands near or adjacent to the lands so located, as shall
be equal to the quantity of land which he was entitled to locate.
<Certlfloat©B X. And be it further enacted by the authority aforesaid, That no cer-
Sbie^**^ tificates issued either by William Denning, Joseph Bindon, Jonathan
Burrel, John Pierce Joseph Pannel, or Edward Fox shall be received in
payment for any lands hereafter to be sold by order of the commission-
ers of the land office.
CHAP. 96.
/
AN ACT relating to the forfeited estates.
Passed the 21st of March, 17S8.
Oommis- Be it encuted by the People of the State of New York, represented in
forfeitu^ Senate and Assembly, and it is hereby enacted by the authority of the same,
office aboi- That the office of commissioner of forfeitures withm this State shall
vey1?r-Ken-* cease, on the first day of September next; and that all the real estates
erai to act. forfeited to the people of this State and thereafter to be sold or disposed
of shall be sold and disposed of by the surveyor general of this State,
for the time being, who shall for that purpose be vested with the same
authorities as are now vested in the commissioners of forfeitures; that
the form of the conveyance to be executed by the surveyor general shall
be as follows, vizt.
Chap. 90.] / ELEVENTH SESSION. 819
" To all to whom these presents shall come, I, surveyor gen- Form of
eral of the State of New York, send greeting; know ye, that by virtue SSSef^*
of the authority vested in me by the laws of the said State, and in con-
sideration of the sum of , I have granted, bargained, sold,
enfeoffed and confirmed, and by these presents do grant, bargain,
sell, enfeoff and confirm, unto all the estate, right, title and
interest of the people of the said State, of, in and to [here describe the
lands_or tenements] to have and to H0LD|the premisses hereby granted,
bargained, sold, enfeoffed and confirmed, to the said heirs and
assigns, to the proper use and behoof of the said heirs and
assigns forever in testimony whereof I have hereunto set my hand
and seal the day of in the year of our Lord
and in the year of the independence of the said State.
That all the estate, right, title and interest, both at law and in equity,
whether in possession, reversion or remainder, and which in consequence
of the attainder or conviction of any person hath become forfeited to,
attached or vested in the people of this State, of in or to the lands or
tenements in the respective conveyances mentioned, shall by virtue of
such respective conveyances, pass to and vest in the respective grantees,
their heirs and assigns ; and they shall respectively maintain any action
for the recovery of the lands and tenements, any actual seisin or pos-
session therepf in any other person notwithstanding; and such convey-
ance shall be deemed to operate as a warranty from the people of this
State, for securing to the respective grantees, their heirs and assigns,
the lands and tenements by such conveyances respectively conveyed.
And be it further enacted by the authority aforesaid^ That the commis- Maps and
sioners of forfeitures, shall, as soon as conveniently may be after the E2^*iSi^**
said first day of September next, deliver to the surveyor general, for the ^*^h sur
time being, all the maps, papers, conveyances and other documents, in erail'^con"
their possession respectively, as commissioners as aforesaid, in any wise J[Sm^®^
relating to forfeited estates; that in all cases where the surveyor gen-
eral, he having the opinion and advice of the attorney general, shall
deem forfeited lands to be subject to or incumbered with claims or
controversy, and in all cases where he shall deem the people of this
State to have a less interest than the absolute property in the whole of
the lands, it shall be lawful for him notwithstanding to sell such lands ;
but it shall be his duty in such cases, at the time and place of sale, and
for at least three hours before the sales, to affix in some public and
convenient place there, a writing containing a state of all the material
facts and circumstances relating to such claim or controversy, or relat-
ing to such interest of the State, as far forth as the same shall have
come to his knowledge ; to the end that all persons who shall be then
and there attending with intent to purchase, may be informed of such
claim or controversy, and of the nature and extent of the interest of the
State in the lands ; but the conveyance in such cases shall not be deemed
to operate as a warranty from the people of this State ; and there shall
accordingly be inserted in the conveyance immediately before the words
** IN testimony " the words following viz. ** These presents however
are in no wise to operate as a warranty."
And be it further enacted by the authority aforesaid^ That in all sales Securities
of forfeited estates hereafter to be made, no other public securities, >^e<5«*^*^^«-
except such as are signed by the treasurer or auditor of this State, shall
be received in payment.
And whereas y notwithstanding the length of time given by the legisla-
ture of this State, to such as were indebted to persons whose estates
have been forfeited as aforesaid, to pay the said debts into the treasury
820 LAWS OF NEW YORK. [Chap. 90.
in public securities there is reason to believe that many of the said
debtors have withheld such payment, and not availed themselves of the
benefit intended them by such provision ; therefore,
Debts due Be it further enacted by the authority aforesaid^ That if any person
attafnted.* ^^ ^^ ^"7 ^^"^^ ^^^^"^ ^^ fi^st day of November next, apply to the
treasurer of this State, and produce to him a bond, bill, or other con-
tract, being the evidence of a debt, and made or executed to any person
attainted, or convicted of adhering to the enemies of this State, and if
the debtors shall not theretofore have made any payments into the treas-
ury, as payment on such bond or other contract, or having made a pay-
ment or payments, shall not have paid to the full amount of what such
debtor ought by law to have paid in order to be wholly discharged from
such bond or other contract, it shall be lawful for such applicant to pay
into the treasury in any public securities issued from the treasury, the
amount of what shall appear to be due on such bond or other contract;
and where any payment or payments in part hath or have been made
into the treasury by the debtor, the amount of such payments in part
shall in such cases be deducted from what would otherwise have been
due on such bond or other contract, and the treasurer shall thereupon
indorse, on such bond or other contract, a certificate of such payment
by such applicant, and such applicant, his or her executors or adminis- '
trators, shall thereupon by virtue of this act, have an action in his or
their own name or names, against the debtor or debtors, his her or their
heirs, devisees, executors or administrators, for the recovery of the sum
so certified to have been paid into the treasury by such applicant, with
lawful interest for the same, from the time of such payment. Proinded
that in computing whatever may be due on such bond or other contract,
no interest shall be deemed as having accrued between the first day of
January, in the year one thousand seven hundred and seventy six, and
the first day of January in the year one thousand seven hundred and
eighty four.
And to the end that the debtors and their heirs, devisees, executors
and administrators, may be compleatly indemnified against suits on such
bonds or other contracts, in foreign judicatories;
Id. Be it further enacted by the authority aforesaid^ That the plaintiff, in the
case of such recovery as last aforesaid, shall not be entitled to an execu-
tion, unless he or she shall first have delivered to the clerk of the court,
where the recovery shall be had, the bond or other contract, and which
shall thereafter remain filed in the office of such clerk. Provided always^
Id. And be it further enacted by the authority aforesaid^ That nothing in
this act contained, shall extend to any bond, bill or other contract or
the monies due thereon where one or more of the co-obligors have since
the war or do now reside within the dominions or territories of the king
of Great Britain, or to any debts due from the persons who have been
inhabitants of this State from the first day of January in the year one
thousand seven hundred and seventy six, until the present time, and
who have been well attached to the freedom and independence of this
State, and actual sufferers by the late war, to any person or persons who
have been convicted or attainted as aforesaid, if such debts when con-
tracted did not respectively amount to upwards of fifty pounds each;
but that all such debts not exceeding the said amount as aforesaid, shall
be and are hereby remitted and forever discharged, unless due to joint-
partners or trustees, where one or more of the partners or the cestui que
trust have not been attainted or convicted.
Final set- And be it further enacted by the authority aforesaid^ That the treasurer
clSimB* of this State, for the time being, shall and may on or before first day of
Chap. 90.] ' ELEVENTH SESSION. 821
November next, cause advertisements to be printed in two or more of against
the newspapers printed in this State, notifying all persons having claims J^tatwu^
against any forfeited estates, that he will at a certain day to be specified
in the said advertisements, not less than four months, nor more than six
months, after the publication thereof, proceed to a settlement of the
said estates, and the several claims thereupon that shall be produced to
him, liquidated according to law. And the said treasurer shall and may
at the time specified in such advertisements, or as soon after as may be,
adjust the several claims upon the said estates ; and if the amount of
any of the said estates shall be equal to the payment of the liquidated
claims upon the same, then the said treasurer shall immediately proceed
to give his certificates for the amount of suCh claims respectively, in the
manner directed by the act entitled "An act for the speedy sale of the
confiscated and forfeited estates within this State and for other purposes
therein mentioned," altho the sale of the said respective estates shall
not have been closed, in the manner prescribed in and by the said last
mentioned act. ^
And whereas several of the persons who are attainted or convicted of
adhering to the enemies of this State during the late war, and whose
estates have been confiscated, were trustees or executors, and had taken
bonds or obligations and other securities for monies in their own names
only, or jointly with others, for debts due to innocent persons; and
7vhereas it may be doubted whether by operation of law such debts
would not be forfeited to the people of this State, by such attainders or
convictions; therefore,
Be it further enacted by the authority aforesaid^ That in all cases Bonds to
where it shall appear that any bond or obligation, or other security for peSonsfn
money, was taken as aforesaid, by any person or persons whose estates trust for
have been so as aforesaid forfeited, as executors, or in trust for any
other person not convicted or attainted as aforesaid, then and in every
such case such debts shall not be forfeited or considered as forfeited to
the people of this State, but the like actions shall and may be main-
tained upon the same bonds, obligations and other securities for money,
taken by the said person or persons jointly with another or others, as if
the said convicted or attainted person had not been named in such
bond, obligation or other security for money; and that it shall not be
necessary to name or notice the said convicted or attainted person or
persons, in any writ, plaint, process or other proceeding whatsoever, that
shall or may be brought for the recovery of the said debts. And fur~
ther^ That if such attainted or convicted person or persons, was or were
named alone in any such bond or obligation, or other security for
money, then the cestui que trust, and his or her executors or adminis-
trators, shall be, and is or are hereby enabled to bring and maintain an
action upon the same, in his, her or their own name, or names, and
declare as upon a bond, obligation or other deed or contract, made to
the said convicted or attainted person or persons, in trust for him, her
or them, or his, her or their testator or intestate, as the case may be ;
any law, usage or custom to the contrary thereof, in any wise notwith-
standing.
And for the relief of joint-partners, and persons who may have been
joint-creditors with persons convicted or attainted as aforesaid;
Be it further enacted by the authority aforesaid, That it shall and may Joint cred-
be lawfull for any such joint-partners or creditors, not convicted orJJ^^^^n^
attainted, to bring and maintain any action or actions in their own name la attainted
or names, for any sum or sums due upon any bond, bill, covenant, agree-
ment or contract whatsoever, made to him, her or them, and any other
822 LAWS OF NeV YORK. [Chap. 91.
person or persons, who shall or may have been convicted or attainted
as aforesaid, suggesting in the declaration, or some other proceeding in
the said action, in general terms, that the said person or persons had
been convicted or attainted of adhering to the enemies of this State;
and the plaintiff or plaintiffs in any such actions shall and may recover
in like manner, as if the said convicted or attainted person or persons
had been naturally dead, on the ninth day of July in the year one thou-
fand seven hundred and seventy six; any law, usage or custom, to the
contrary thereof, in any wise notwithstanding. Prmnded always^
Id. And be it further enacted by the authority aforesaid^ That the part or
share of the person or persons so as aforesaid, convicted or attainted, in
any debt or sum of money, that shall be so as aforesaid recovered by
virtue of this law, shall be considered as a debt due to the State, from
the person or persons recovering the same; and be payable into the treas-
ury of this State, in like manner as other debts to the State are or shall
be made payable by law, unless the person or persons so recovering the
same, shall be liable for the debts of the copartnership, in which case,
upon his, her or their filing a bill in the court of chancery of this State,
disclosing the circumstances of the case, and making the attorney gen-
eral, for the time being, a party thereto, the said court may give such
relief, as shall appear to be equitable.
CHAP. 91.
AN ACT to empower the commissioners of forfeitures for the
western district of this State to convey the lands theVein men-
tioned to the present possessors.
Passed the 21st of March, 178S.
Preamble. WHEREAS it hath been represented to the legislature, that Oliver
Delancey James Jauncey, Goldsbrow Banyar and Peter Remsen, were
interested in equal proportions in certain lots of land comprehended in
a patent of two thousand acres of land granted to Henry Cosby, situate,
lying and being in the now county of Montgomery; and whereas it has
been further represented that the said, Oliver Delancey, lames Jauncey,
Goldsbrow Banyar and Peter Remsen, had agreed for the sale of the lots
herein after mentioned, that is to say, lot number two, for the considera-
tion of one hundred pounds; number three, for the like consideration
of one hundred pounds ; part of number five, for the consideration of
eighty pounds ; and the other part thereof for the like consideration of
eighty pounds; part of number six, for the like consideration of eighty
pounds; part of number seven for the like consideration of eighty
pounds ; part of number eleven, for the like consideration of eighty
pounds ; part of number twelve, for the like consideration of eighty
pounds, and the other part thereof for the like consideration of eighty
pounds: And whereas the shares of the said Oliver Delancey and
James Jauncey in the said tract of land, have by their attainder respec-
tively become forfeited to the people of this State: And whereas appli-
cation hath been made to the legislature, to make provision for vesting
the title of the people of this State to the one undivided moiety of the
said lots of land in the present possessors thereof;
Convey- Therefore^ be it enacted by the People of the State of New York, repre-
m^ hj^ sented in Senate and Assembly^ and i/ is hereby enacted by the authority of
commia- /^ same^ That upon payment being made into the treasury of this State,
Chap. 92.] ELEVENTH SESSION. 823
at any time before the first day of August next by the present possessors §ioner» of
of the lots, and parts of lots, of land herein before mentioned, of the for w^t^
amount of one half of the said consideration money of the said lots or district,
parts of lots of land respectively, in public securities signed by the
treasurer of this State upon which securities no interest is to be allowed
dnd upon their respectively producing to the commissioners of forfeit-
ures for the western district of this State, a receipt or receipts from the
treasurer of this State, for such payment or payments, it shall be lawful
for the said commissioners, and they are hereby authorized and required,
to convey to each of the present possessors, and to the heirs and assigns
of such possessor, of either of the said lots or parts of such lots of land,
all the part and proportion of the people of this State, in and to such
lot or lots of land, for which the consideration shall be so paid.
And the said commissioners of forfeitures are hereby authorized to
convey to any other person or persons in possession of any other lot or
lots in the said tract of land, (the whole or part whereof may have been
forfeited to the people of this State by the attainder of the said Oliver
Delancey and James Jauncey) all the part and proportion of the people
of this State, in and to such lots of land, upon payment of an adequate
consideration for each lot in proportion to the interest of the people of
this State therein. But no such conveyance as aforesaid shall operate
as a warranty against the people of this State ; and the commissioners
of forfeitures shall in every conveyance to be executed by them, in con-
sequence of this act, immediately before the words, ** In witness,** insert
the words, " These presents however are in no wise to operate as a war-
ranty/'
CHAP. 92.
V
AN ACT for giving relief in cases of insolvency.
Passed the 21st of March, 1788.
Whereas many of the creditors of unfortunate, but honest insolvent Preamble,
debtors, incline to give such debtors a general discharge, on the delivery
of their effects, but are prevented in their humane intentions, by some
of the creditors, to the injury of the rest, and to the prejudice of trade;
for remedy whereof.
Be it enacted by the People of the State of New York, represented in Dlschanre
Senate and Assembly , and it is hereby enacted by the authority of the same, ent°debior
That it shall be lawful for any debtor, who now is, or hereafter shall on petition
become insolvent, in conjunction with so many of his or her creditors, ° ****"
or the attorney or attomies of any creditor, in cases where the principal
of such attorney or attomies, resides without the State, who have or
shall have debts bona fide owing to them by such insolvent, amounting
at least to three fourths of all the money owing by such insolvent,
whether the same be then due, or to become due, and payable there-
after, in order to obtain a general discharge, to present a petition to the
chancellor of this State, or to any one ot the justices of the supreme
court, or to any one of the judges ot the court oi common pleas, pray-
ing that such insolvent's estate may be assigned and such insolvent dis-
charged according to this act
Provided that no person shall become a petitioning creditor, who may ^
havt purchased or procured to be assigned 10 him or her, any debt or
debts due and owing, or to become due and owing by such insolvent,
824 LAWS OF NEW YORK. [Chap. 92.
except for so much only as was actually and bona fide given for the
debt, so purchased or procured.
Secured And be it further enacted by the authority aforesaid^ That any person or
n^t^tobe persons having any mortgage, judgment, assignment, or other real secur-
aiiowed as ity, of, or upon any lands, tenements, hereditaments, goods or chattels,
pel I oners ^^ tj^j^g or things in action whatsoever, either to such person or persons
or to any other or others in trust for such person or persons, for secur-
ing the payment of any sum or sums of money, from such insolvent,
shall not for such sum or sums, become, or be considered a petitioner,
in favour of such insolvent, unless such person or persons shall upon
signing the petition aforesaid, add to his or her name subscribed to the
same petition, a declaration in writing that he or she doth thereby
relinquish, and give up to the assignee or assignees, to be appointed as
herein before specified, such mortgage, judgment, assignment or other
security, for the benefit of all the creditors of such insolvent; and every
such mortgage, judgment, assignment and security, so relinquished as
aforesaid, and the lands, tenements, hereditaments, goods and chattels,
and things in action so mortgaged, assigned or affected by such judg-
ment or security, shall with the residue of such insolvent's estate vest
in the assignee or assignees, of such insolvent's estate for the purposes
aforesaid.
Affldavite And be it further enacted by the authority aforesaid^ That to every
fn/cred?*^ petition to be presented to the said chancellor, justice or judge, shall be
itore. annexed an affidavit of each petitioning creditor, made before a master
in chancery, or one of the justices of the supreme court, or one of the
judges of the court of common pleas, that the sum annexed to the name
of such petitioning creditor is justly due to him or her, or will become
due to him or her, at some future time or times, to be specified in such
affidavit; and that he or she, or any other person to his or her use, hath
not received from such insolvent or any other person any payment of
part of his or her demands, against such insolvent, in money, or by sale,
conveyance, assignment, or delivery of any lands, tenements, heredita-
ments, goods, chattels, or any thing or things in action, or any gift or
reward whatsoever, upon any express or secret, or implied contractj
promise, engagement, intent, trust or confidence, that he or she should
become a petitioner, for and in behalf of such insolvent.
Oriidna] And be it further enacted by the authority aforesaid^ That no debt or
of debt?to debts due by such insolvent, to any person or persons who shall petition
i»e deiiv- in favour of such insolvent by attorney, shall be taken and deemed to
court!^ make any part of the threefourths in value of the debt due by such
insolvent, unless such petitioning attorney shall deliver unto the chan-
cellor, or to the justice of the supreme court, to whom such petition
shall be made, or to the court of common pleas of which the judge to
whom such petition shall be made was a member, the original accounts
or authenticated copies thereof and the original specialties, if any, on
which the debt to his principal has arisen, with an affidavit of such
principal annexed in the form of the oath herein before prescribed to be
taken by every petitioning creditor of such insolvent; which affidavit
shall be made before a judge or justice of one of the superior or supreme
courts or a notary public of the State or kingdom, wherein such creditor
shall reside, and be certified under the hand and seal of such judge,
justice or notary public.
Inventory And be it further enacted by the authority aforesaid^ That every such
enti°*°*^ insolvent, shall deliver, or cause to be delivered, to the chancellor, jr
justice of the supreme court, or judge of the. court of common pleas, at
the time of presentmg such petition, a full, just and true account, of
Chap. 92.] ELEVENTH SESSION. 825
all his or her creditors, and the monies owing to them respectively, by
such insolvent ; and also a full, true and just inventory, and account of
all the estate both real and personal, in law and equity, of such insol-
vent, and of all books, vouchers and securities, relating to the same ;
and the said chancellor, justice, or such judge of the court of common
pleas, shall administer to such insolvent an oath to the following effect,
I do solemnly swear in the presence of Almighty God, that Oath to
the account herewith delivered, is a just and true account of all my '*»ventory.
creditors, and of the monies owing by me to them respectively, to the
best of my knowledge and remembrance; and that the inventory or
account, also herewith delivered, is a just and true inventory or account,
of all my estate, real and personal, both in law and equity, either in
possession, reversion or remainder; and that I have not directly or indi-
rectly, sold, leased, or otherwise disposed of, or made over, in trust for
myself or otherwise, (except as is set forth in the same account or
inventory) any part of my estate real or personal for my future benefit,
or for the benefit of any other person or persons, in order to defraud
my creditors, or any of them ; and that I have not at any time, given
any mortgages, bonds, notes or other specialties, or consented to any
judgment passing against me, except for money, property or effects,
actually bought and received, to the real value of the sums specified in
s«ch mortgages, judgments, bonds, notes or other specialties; and that
I have in no instance, become a debtor to any of my creditors with
intention to defraud any other or others of my creditors, or with intent
to obtain the benefit of the act entitled, "An act for giving relief in cases
of insolvency;'* which oath being taken by such insolvent, he, or she
and the petitioning creditors or one of them, shall cause an advertise- Notice of
ment to be published for six weeks successively, in the newspaper JJ^oSrt!^"
printed by the printer to the State, and in one of the newspapers to be
printed in the county in which such insolvent shall reside, or be impris-
oned; and if no newspaper is printed in such county, then in one of
the newspapers printed in the city of Albany, and shall also cause a
copy of such advertisement, to be put up six Mondays successively, on
the outward door of the court-house or goal of the city or county in
which such insolvent shall reside, or be imprisoned; and by which adver-
tisement, all the creditors of such insolvent shall be required to shew
cause, if any they have, by such a day as shall be appointed by the
chancellor, or justice, or if such affidavit is made before a judge of the
court of common pleas, then at the term of such court, to be held next
after the expiration of the said six weeks, specifying the time and place,
when and where such term shall be held, why an assignment of the said
insolvents estate, should not be made, and the said insolvent discharged
according to this act ; at which day or term so appointed, or on any
other subsequent day or term, that the chancellor, or justice, or court of
common pleas may judge proper to appoint ; and if no sufficient cause
to the contrary appears, and the chancellor, justice of the supreme court,
01 the said court of common pleas, shall be satisfied, that the said insol-
vent is justly and truljr indebted to the subscribing petitioners, in the
sums by them respectively mentioned, and that such sums amount in
the aggregate to .three fourths of the debts due by such insolvent, and
that such insolvent has conformed in all things to those matters required
of him or her, according to the true intent and meaning of this act, the
said chancellor, justice of the supreme court, or the said court of com-
mon pleas, shall direct a grant or assignment of all such insolvent's
estate, both in law and equity, in possession reversion or remainder, to
be made by such insolvent, to the person or persons nominated, by the
Vol. 2. — 104
826
LAWS OF NEW YORK,
[Chap. 92.
Examina-
tion of wit-
nesses by
court
Discharge
of insolv-
ent from
prisoa.
Belief of
creditor
against
merchant;
assiffn-
ment.
petitioners, or a majority of them, in respect to the amount of their said
demands on the said insolvent, except such articles of wearing apparel
and bedding, as in the opinion of the chancellor justice of the supreme
court, or court of common pleas aforesaid, shall be reasonable and nec-
essary for such insolvent, and for the family of such insolvent to retain;
and also the arms and accoutrements of such insolvent if any there are,
mentioned in such inventory, required by law to be provided by any
citizen enrolled in the militia.
And be it further enacted by the authority aforesaid^ That it shall and
may be lawful for the chancellor, justice, or court of common pleas,
before whom such petition shall be depending, upon application by any
creditor of such insolvent to examine such insolvent his wife the peti-
tioning creditors and any other person and persons upon oath touching
every matter relative to the estate, debts and credits of the said insol-
vent and for that purpose to issue a warrant under the hand and seal
of such chancellor or justice or of a judge of the said court of common
pleas, requiring any person or persons to appear and answer before the
said chancellor, justice or court of common pleas, touching the matters
by this act directed to be heard by them; and every person who being
served with such warrant, shall, without reasonable let or hindrance,
refuse or neglect to appear, or appearing shall refuse to answer, upon
oath, touching the matters aforesaid, shall, forfeit the sum of fifty
pounds, to be recovered with costs of suit, by action of debt, by any
person who will sue for the same; and shall also be committed to prison,
by warrant or order of the said chancellor, justice or court, there to
remain, without bail or mainprise, until he or she shall submit to answer
upon oath as aforesaid.
And be it further enacted by the authority aforesaid, That upon such
insolvent producing a certificate, under the hand and seal, or the hands
and seals of the assignee or assignees, executed in the presence of two
witnesses, that such insolvent has, granted, conveyed, assigned and
delivered, for the use of his or her creditors, all his or her estate, real
and personal, both in law and equity, in possession, reversion or remain-
der, except as aforesaid, and all the books, vouchers and securities
relating to the same, the chancellor, justice, or court of common pleas,
shall discharge such insolvent from all such debts due at the time of the
assignment, or contracted for before that time, though payable after-
wards ; and also, if in prison, from his or her confinement, which dis-
charge, or the record thereof shall be a sufficient warrant and authority
to the sheriff or goaler, for setting such prisoner or prisoners at large ;
and the said discharge, or the record thereof, or transcript thereof, duly
authenticated, shall be also conclusive evidence in all courts, within this
State, of the facts therein contained.
And be it further enacted by the authority aforesafd. That it shall and
may be lawful for any creditor of any person using the trade of mer-
chandize or getting the greatest part of his living by buying and selling,
who hath or shall have been actually imprisoned for sixty days and
upwards, upon execution in any civil action, to apply in person or by
attorney (if the principal resides without this State as aforesaid) to the
chancellor or any of the justices of the supreme court* for relief in case
such creditor or the said attorney shall be apprehensive that the estate
or effects of such debtor will be wasted or embezzled, and upon such
application and an affidavit being made by such creditor, before a m^ter
in chancery or justice of the supreme court, or in case of the resicflence
of such creditor without this State, then in the manner herem Ibefore
directed that such person is justly indebted to such creditor in a rfertain
Chap. 92.] ELEVENTH SESSION. 827
sum of money then due and to be specified in the said affidavit and not
less than forty pounds, and that such debtor is in prison on execution
issued against him in some civil action, and has been so imprisoned for
sixty days and upwards, the said chancellor or justice shall order a pub-
lication to be made in the manner herein before directed, for the cred-
itors of such debtor to appear before hin^ at a certain day in the said
order to be specified, and not less than eight weeks after the publica-
tion of such order, to shew cause, if any they have, why an assignment
should not be made of the said debtors estate for the benefit of all his
creditors; and upon that day or at such subsequent days and times, as
the said chancellor or justice may appoint, if so many of the creditors of
such insolvent, as he shall be satisfied have debts owing to them to the
amount of three fourths in value of all the debts owing by such insol-
vent, shall request an assignment to be made of the estate of such insol-
vent as aforesaid, and no good cause appears to the contrary, it shall be
lawful for the said chancellor or justice to direct such assignment to be
made, in like manner as if the parties had appeared before him, in con-
sequence of a petition as aforesaid ; each of the said creditors first mak-
ing an affidavit, in the manner herein before directed, that the sum
demanded by such creditor is justly due to him or her, or will become
due to him or her, at some future time or times, to be specified in such
affidavit, and that he or she or any other person to his or her use, hath
not received from such insolvent, or any other person, any payment of
part of his or her demand against such insolvent, in money or by sale,
conveyance assignment or delivery of any lands, tenements, heredita-
ments, goods, chattels or any thing or things in action, or any gift or
reward whatsoever upon any express or secret or implied contract,
promise, engagement, intent, trust or confidence, that h^ or she should
consent to or request such assignment; and if such insolvent shall make
such assignment in ten days thereafter, and shall conform to the direc-
tions of this act with respect to petitioning debtors, such insolvent shall
be thereupon discharged in like manner as if he had petitioned for his
discharge in conjunction with his creditors pursuant to this act: But if
such insolvent shall refuse or neglect to make and execute such assign-
ment as aforesaid, the said chancellor or justice shall execute an assign-
ment of such insolvent's estate both in law and equity in possession,
reversion or remainder to such person or persons as a majority of the
creditors of such insolvent, in respect to the amount of their demands,
appearing to him, shall nominate, and with the like exceptions as are
herein before mentioned; which assignment shall be equally good valid
and effectual, to all intents and purposes whatsoever, and the assignees
shall have the like estate and power and be subject to the like duties,
as if the same had been executed by such insolvent, and shall vest in
such assignees the* whole of the estate which belonged to the said insol-
vent, on the day of the first publication of the order so made as afore-
said
And be it further enacted by the authority aforesaid^ That if the said Discharge
insolvent shall so as aforesaid refuse or neglect to make an assignment JbiStr
of his estate, such insolvent shall not be discharged from imprisonment wheoaa-
by virtue of this act, unless so many of his creditors, as shall have debts nf "Side,
owing to them to the amount of three fourths in value of all the debts
owing by such insolvent, shall petition the said chancellor or justice for
his discharge, or unless such insolvent shall have delivered such inven-
tory and account and taken such oath as are herein before prescribed,
and so many of his creditors as aforesaid have accepted a dividend under
such assignment.
828 LAWS OF NEW YORK. [Chap. 92
Prosecu- And be it further enacted by the authority aforesaid^ That any such insol-
thia^act?*^ vent having been discharged in conformity to this act, if prosecuted for
any debt or contract, before mentioned, or if any other person or per-
sons be sued for any matter or thing done by virtue of this act, it shall
be lawful for such person or persons, to plead the general issue and give
the special matter in evidence.
Perjury And be it further enacted *by the authority aforesaid. That in case any
ceaiment ^^^^ insolvent, shall be guilty of perjury, by concealing any pait of his
of property or her estate or effects, or shall after the assignment of his or her estate
by virtue of this act, receive any debt or debts due to him or her before
such assignment, or if he or she shall secrete any part of his or her estate,
or any books or writings relating thereto, with an intent to defraud
his or her creditors, or shall procure any person or persons, to become
a petitioning creditor or creditors, for any sum not bona fide due from
him or her, to such creditor or creditors, or for any larger sum than is
really and bona fide due, from such insolvent to such creditor or credi-
tors, to make such sum in value, as required by this act as aforesaid,
then and in every such case the discharge of the said insolvent, under
this act shall be void; and his or her person or persons, and estate or
effects shall be subject to the payment of all his, or her former debts,
as well to his or her petitionirig creditors, as others; the said discharge
to the contrary notwithstanding.
Ck)nceal- And be it further enacted by the authority aforesaid. That any person or
sotven/'s" persons who shall have accepted of any trust or trusts for any insolvent,
property or shall wilfully conceal or protect any estate real or personal of any
peraon?' insolvent from the assignee or assignees of such insolvent, and shall not
in fifty days after notice of such assignment being published in the news
paper printed by the printer of this State and one other of the publick
^ news papers printed in this State, fully discover and disclose such trust
and estate to the said assignee or assignees, shall forfeit the sum of one
hundred pounds, and double the value of the estate so concealed, to be
recovered with costs, by action of debt, in any court of record having
cognizance thereof, in the name or names of the said asignee or assignees,
for the use and benefit of the creditors of such insolvent.
Swearing And be it further enacted by t/ie authority aforesaid. That if any per-
cTairas^ son shall swear or depose before a master in chancery, justice or judge
ai^ainst as aforesaid, that any sum of money is due or owing to him or her from
Insolvent. ^^^ g^^j^ insolvent, which sum of money is not really due or owing, or
shall swear that more is due than is really due or owing, knowing the
same to be not due or owing, and that such oath is false and untrue,
such person shall be liable to pay double the sum so sworn to be due
or owing as aforesaid, to be recovered, by action of debt, in any court
having cognizance thereof in the name or names of the assignee or
assignees of such insolvent's estate and to be divided among all the
creditors of such insolvent in proportion to their demands against such
insolvent's estate.
Bxamina- And be it further enacted by the authority aforesaid. That for the more
ilPJli^^Jr full discovery of the estate of such insolvent, the chancellor or justice
cover prop- ' .i/-! /> 11
erty. of the supreme court, or judge of the court of common pleas, at the
request of the assignees the survivors or survivor of them, shall have,
at any time after such assignment as aforesaid, full power, and they are
hereby required to summon and examine on oath, such insolvent, his
wife, and every other person whomsoever, known or suspected to detain
any part of the said insolvent's estate, or to be indebted to it; and in
case any person, on such summons, shall refuse to attend, having no
reasonable excuse, or shall refuse to be sworn, then it shall and may be
Chap. 92.] ELEVENTH SESSION. 829
lawful for the said chancellor, or any of the justices of the supreme
court, or such judge of the court of common pleas, to commit the person
so refusing to gaol, till he or she shall submit to be examined, concern-
ing what he or she may know, relating to such estate. And if any such
person or persons shall wilfully and knowingly affirm or swear falsely,
the person or persons so offending, shall be liable to the same pains and
penalties, as those who are convicted of wilful and corrupt perjury.
And be it further enacted by the authority aforesaid^ That every such Where
insolvent, who shall before the delivery of such petition, have become Ii'XiJon*
bail in any cause, on account of which he or she has or have reason to *>*" *>o»^d.
think judgment thay be had against him or her, and shall make oath
that at the time he or she so became bail, he or she had a clear estate,
sufficient to answer any demand, that could with any probability be
made upon him or her, as bail, may add to the account of the creditors,
and the monies owing by him or her before directed to be given, an
account of the manner of becoming bail, and annex such a sum, as he
or she imagines he or she will be liable to pay on that account ; and
then the assignees shall reserve in their hands, for the space of one year
and an half, such a dividend as a creditor for the like sum would have a
right to receive ; and after judgment obtained against any such insol-
vent, the person or persons obtaining the Same, shall be considered in
every respect, as another creditor, whose debt was due before the deliv-
ery of the petition. But if in the space of one year and an half after
the petition is delivered, no judgment shall be obtained against such
insolvent, the monies so reserved shall be divided among the other cred-
itors, in the same manner, as the rest of such insolvents estate; and such
insolvent shall be discharged from all obligations as bail, in the same
manner as if the sum so annexed to the account of his or her creditors,
was paid ; and if judgment shall be obtained against such insolvent, as
bail for any sum within one year and an half after the petition is
delivered, and after the division of the produce of his or her estate,
among his or her creditors, and the said insolvent shall have omitted,
either wholly, or in part to annex the said sum to the account delivered,
the person obtaining such judgment, shall recover against the said insol-
vent, either for the whole, or the part omitted, as the case shall happen
to be, so much as the other creditors of the said insolvent ought to have
received, for a like just debt, and no more. Provided always, that the
sum for which judgment is obtained against such insolvent, being added
to the account of his or her creditors, and of the monies owing to them
before directed to be given, the debts owing by him or her, to the
petitioning creditors, shall still appear to have been three fourths of all
that was owing by the said insolvent
And be it further enacted by the authority aforesaid, That all persons, Debts not
who have given credit to such insolvent, on a valuable consideration, for ^"««
any sum of money, or other matter or thing which is or shall not be due
or payable, at or before the time of the delivery of the petition, shall
and may be admitted, and considered as creditors, whose debts are then
due, and shall receive a dividend of such insolvents estate in the same
proportion, as the other creditors, deducting thereout only a rebate of
interest at the rate of seven per cent, for what shall be received on such
debts, (unless such debts shall be payable with interest,) to be com-
puted from the actual payment thereof, to the time they would have
been due.
And be it further enacted by the authority aforesaid, That such assignee Asefgneee,
or assignees, shall have power and authority, to dispose of all the real JnJ duties
and personal estate of such debtor or debtors, which shall be assigned
830
LAWS OF NEW YORK.
[Chap. 92.
Diyislon of
moneys.
Oath of
aasiffnee:
compensa-
tion; ex-
penses.
to him or them, or which ought by virtue of this act to oe assigned
to him or them and to convert the same into money, to execute good
and sufficient deeds for such real and personal estate, to redeem all
mortgages and conditional contracts, and satisfy all judgments, and to
recover in his or their name or names, all such real and personal estate
of such insolvent, and all deeds, and books of accounts and papers,
respecting the same; and shall have full power and authority, to refer
to arbitration, settle or compound or agree with, any person indebted
to the insolvent, in such manner as shall from time to time appear to
such assignee or assignees,' most advantageous to the creditors of such
insolvent, and shall within the space of one year, proceed to make a
division of all the money, which shall have come to his or their hands,
of such estate, first giving three months notice of the time and place of
making such division, by advertising the same in the newspaper, printed
by the printer to this State and in one other of the public newspapers,
printed in this State ; and if the whole be not then settled, shall within
the space of one year thereafter, make a second division, of such monies
as may come to his or their hands, after the first division ; and so from
year to year, until a final settlement thereof, and a just and equal divis-
ion of the whole be made: And if on settling the estate of the insolvent,
a surplus should remain in their possession, after discharging the debt
or debts of the said insolvent, the same shall be paid to the said insolv-
ent, his or her legal representative or representatives.
And be it further enacted by the autJwrity aforesaid^ That the assignees,
or the survivors or survivor of them, shall, at least one month before a
division be made, appoint a day, by advertising the same in one or more
of the public newspapers, for a general meeting of all such creditors as
shall choose to attend, to examine and ascertain the debts due to each
creditor ; and in case of any controversy relating to such debts, it shall
be determined in the following manner, that is to say, the assignees
shall nominate two referees, not being creditors of the insolvent, and
the creditor whose debt is in controversy, shall nominate two others,
and their names shall be seperately written on four pieces of paper, as
nearly of the same size as possible, which shall be rolled up in the same,
manner, and put into a box, and from thence one of the assignees shall
draw out three of the said pieces of paper, and the persons whose names
are so drawn, shall finally settle such controversy; and if any referee so
appointed, shall refuse or be incapable of acting, in a reasonable time,
a new choice shall be made in the same manner: And in case any
such creditor, shall refuse to nominate referees on his part, the assignees
are hereby impowered to nominate them, for him.
And be it further enacted by the authority aforesaid^ That the assignee
or assignees, shall, before he or they enter upon the execution of the
trust committed to him or them by virtue of this act take an oath, to
be administered by a master in chancery a justice of the supreme court,
or any of the judges of the court of common pleas aforesaid, "well and
faithfully to manage the insolvent's estate, and keep and render a true
account of all that shall come to his or their hands of the same;" and
for that purpose he or they shall keep regular books of accounts, to
which every creditor at all reasonable times may have recourse; and
for the care and trouble incumbent on the assignee or assignees, he or
they shall be allowed out of the insolvents estate, such a consideration
as the petitioners, or a major part of them, shall agree and fva upon; and
that all costs of suit, prison and gaol fees, and charges of proceedings under
this act, to obtain the discharge of the insolvent, shall be first paid; and
then deducting all such costs, charges and expences, as shall be neces-
Chap. 93.] ELEVENTH SESSION. 831
sarily laid out, and expended by the assignee or assignees, together with
his or their commissions, for his or their care and trouble therein, the
residue shall be divided equally among the creditors, in which division
no preference shall be given to debts due by specialty.
And be it further enacted by the authority aforesaid^ That no suit Suits by
in equity shall be commenced, by any assignee, without the consent of "^^^^o^^-
the majority of the petitioners or creditors who consented to the assign-
ment, with respect to the amount of their debts as aforesaid, at a meet-
ing held for that purpose. And if any creditor shall neglect or refuse Failure of
to give notice of, and prove his or her debt, within one year and an half pro^'^te^*^
after the assignment, and a division of the whole estate be made, such «iccount.
creditor shall not be entitled to a dividend, and the whole money shall
be divided by the assignees, among the other creditors. But in case
the whole of such* insolvents estate shall not be divided and settled by
the time hereby appointed for the first division, and such creditor shall
prove his debt, before the time appointed for the second division, then
such creditor shall before a second division be made among the other
creditors, have his said dividend, or so much money as he would have
been entitled to on the first division, had his debt then been proved ;
but no creditor shall be admitted to prove his debt, in order to entitle
himself, to a share in the insolvents estate, after a second division, but
shall by this act be debarred from any share thereof.
And be it further enacted by the authority aforesaid^ That every insolv- Allowance
ent who shall be discharged by virtue of this act, and in all things con- ent bT*^
form to the directions thereof shall be allowed the sum of ^vt, pounds aMignees,
per centum on the net produce of all his or her estate that shall
be recovered or received by the said assignee or assignees, to be paid
to him or her by such assignee or assignees in case the net produce of
the said estate after such allowance made, shall be sufficient to pay the
creditors of such insolvent, who shall prove their debts in the manner
directed by this act, the sum of fourteen shillings in the pound, and so
as the said five pounds per centum shall not amount in the whole to
above the sum of two hundred pounds.
And be it further enacted by the authority aforesaid^ That nothing in piatresa
this act contained, shall be construed to deprive landlords of <he right ^^ '*"'*
of distraining for, or securing their rents, which by law they had, before
the making of this act.
CHAP. 93.
AN ACT for the payment of the salaries of the officers of gov-
ernment, and other contingent charges.
Passed the 21st of March, 1788.
Be it enacted by the People of the State of New York, represented in Annual
Senate and Assembly^ and it is hereby enacted by the authority of the same^ tlonb?U *"
That the treasurer of the State shall pay out of any unappropriated
monies in the treasury, the sums of money herein after directed, viz.
To his excellency the governor, for administering the government of
this State, from the first day of July last to the first day of July next,
at and after the rate of fifteen hundred pounds.
To the person administering the government of the State, for the time Governor,
being, to defray the incidental charges which may arise in and about
the administering the government of the State, such sum or sums of
832
LAWS OF NEW YORK.
[Chap. 93,
CbsDoellor.
Chief jus-
tloa.
Puina
jtMtlcat.
DeleffatM
toCongreM
Council of
appoint-
ment.
Memben
of lefflB-
lature.
Clarka«
Doorkeep-
Bergeant-
at-arniB.
Secretary
of State.
money as he shall, from time to time, by warrant under his hand acd
the privy seal of the Stale, draw from the treasury for the purpose, not
exceeding in the whole, the sum of one hundred and fifty pounds.
To the Honorable Robert R, Livingston, chancellor of the State, for
his services in that station, from the first day of July last to the first day
of July next, at and after the rate of five hundred pounds.
To the Honorable Richard Morris, chief justice of the State, for his
services in that station from and to the respective times aforesaid, at
and after the rate of fwc hundred pounds.
To the Honorable Robert Yates and John Sloss Hobart Puisne jus-
tices of the supreme court of the State respectively, for their services
in that station from and to the respective times aforesaid, at and after
the rate of five hundred pounds.
To John Haring Meiancton Smith, Abraham Yates junr. and John
Lansing junr. delegates from this State in the Congress of the United
States, at and after the rate of twenty four shillings per day, for such
time as they shall have attended or were going to or returning from
Congress to the respective places of their abode, according to such
accounts as they shall respectively produce audited by the auditor of the
State.
To the members of the council of appointment at and after the rate
of sixteen shillings per day each, for their attendance in council, in the
recess of the legislature, and for the time of their travelling from and to
their respective places of abode, according to such accounts as they
shall produce, certified by the clerk of the said council.
To the members of the senate and assembly for each and every day
they shall have attended in senate or assembly, during the present meet-
ing of the legislature, and for each and every day they shall have been
or may be travelling from and to their respective places of abode, to the
place of the meeting of the legislature, the sum of twelve shillings per
day each; such travelling charges to be computed at and after the rate
of thirty miles per day, agreeable to such accounts thereof as they shall
respectively produce, certified by the president of the senate or speaker
of the assembly, (as the case may be); and the account of the president
of the s^enate to be certified by the clerk of the senate, and the account
of the speaker of the assembly to be certified by the clerk of the assem-
bly.
To John McKesson and Abraham B. Bancker clerks of the assembly
and senate, each the sum of thirty shillings per day for their respective
services during the present session ; and also the amount of such accounts
for monies by them advanced respectively, for the use of the assembly
and senate, as they shall respectively produce, certified by the president
of the senate and speaker of the assembly as the case may require.
To the door keepers of the senate and assembly, at and after the rate
of sixteen shillings per day, agreeable to such certificate thereof as they
shall respectively produce, certified by the president of the senate or
speaker of the assembly, as the case may require.
To the Serjeant at arms, at and after the rate of sixteen shillings per
day, agreeable to such certificate thereof as he shall produce, certified
by the speaker of the assembly.
To the secretary of the State, for attending the legislature during the
present session, for the purpose of receiving the laws, and attending the
council of appointment, from the first day of July last to the first day of
July next, at and after the rate of thirty pounds.
To the said secretary, for his services in recording the laws, for mak-
ing copies thereof, with marginal notes for the press, and making copies
Chap. 93.J ELEVENTH SESSION 833
by direction of the governor, or of the senate and assembly, and for
engrossing the minutes of the council of appointment from time to time,
after the rate of one shilling and six pence per sheet, each sheet to con-
sist of one hundred and twenty eight words, agreeable to such account
thereof as he shall produce, audited by the auditor ot the State.
To the secretary to his excellency the governor, at and after the rate Secretary
of one hundred and fifty pounds per annum. ermJr!
And be it further enacted by the autfwrity aforesaid^ That it shall and Treasurer,
may be lawfuU for Gerard Bancker treasurer of the State, to retain in his
own hands the sum of five hundred pounds for his services as treasurer,
from the first day of July last, to the first day of July next, and the
further sum of six hundred pounds, for the incidental charges of his
office.
And be it further enacted by the authority aforesaid^ That the said
treasurer shall pay to the following persons, the sums herein after men-
tioned,' viz.
To Egbert Benson attorney general of the State, for his services in Attomey-
that station, from the first day of July last, to the first day of July next, *^" ™ '
at and after the rate of six hundred pounds. *
To the auditor of the State, the sum of three hundred and fifty Auditor,
pounds, for his services as auditor for one year, ending the twenty third
day of March instant.
To Simeon De Witt surveyor general of the State, such sum as shall Survej^r-
be certified by the auditor of the State to be due him for his salary and '®"®
the expences of his office, to the first day of May next.
To Nicholas Fish, adjutant-general of the militia of the State, the sum Adjutant-
of three hundred and fifty pounds in full for his salary from the thir- *^®"® '
teenth day of April one thousand seven hundred and eighty seven, to
the thirteenth day of April next.
To the collector of the customs for the port of New York, in quarterly Customs
payments, at and after the rate of fifteen hundred pounds per annum. ° ^®™*
To the collector of the customs for the port of Sagg Harbour, at and
after the rate of fifty pounds per annum.
To the surveyor and searcher, at and after the rate of two hundred
and fifty pounds per annum.
To each of the land and tide waiters, the sum of ten shillings per
day.
To Samuel Jones and Richard Varick for revising and digesting the Revuion
laws of this State, such sums as shall be certified, by the auditor of the <^'*^®^*^8
State, to be due to them respectively, for their services in that station,
for the time they have been actually employed therein.
To the executors of Andrw Moodie deceased, late commissary of Commis-
military stores, at and after the rate of forty pounds per annum, for his JJSJ^.'
salary from the thirteenth day of April last.
To Abraham Hardenbergh and William W. Morris, such sums as Pennsyl-
shall be certified by the auditor of this State to be due to them for their bSuifdary
services and disbursements, in running the line between this State and ii«io-
the Common-wealth of Pennsylvania, allowing to the said Abraham
Hardenbergh and William W. Morris respectively, at and after the rate
of forty shillings per day, for every day they have respectively been
upon that service.
To James Clinton such ballance as shall be certified by the auditor id.
of the State to be due to him for his services, in running the line afore-
said, in the year one thousand seven hundred and eighty six, allowing
to him the sum of eight shillings per day, in addition to the sum allowed
him in and by the act entitled "An act for the payment of the salaries
Vol. 2. — 105
834
LAWS OF NEW YORK,
[Chap. 93.
Id.
'Montgom-
ery statue.
Delegates
to oonven-
ttOD.
Moneys un-
appropri-
ated to be
paid on
oertiilcates.
Chemung,
laying out
town of.
State
printer.
of the officers of government and other contingent charges," passed the
twenty first day of April one thousand seven hundred and eighty seven
for every day he has been upon that service.
To Simeon De Witt such ballance as shall be certified by the auditor
of the State to be due to him for his services in running the line afore-
said, in the year one thousand seven hundred and eighty six, allowing
to him the sum of forty shillings per pay, for every day he has been
upon that service; and deducting therefrom, his salary as surveyor gen-
eral of this State, during the time aforesaid, kt and after the rate of four
hundred pounds per annum, and the further sum of forty pounds allowed
him in and by the act last mentioned, if the same shall have been paid
to him.
To the chamberlain or treasurer of the corporation of the city of New
York, such sum as shall be certified by the auditor of the State to be
due to the said corporation, as the ballance of the expences of erecting
the monument of the late General Montgomery.
To each of the delegates from this State to the late general conven-
tion of the States assembled in the city of Philadelphia, thirty two shil-
lings per day for their expences, for each day they respectively have
been travelling to and from, and attending the said convention, agree-
able to such accounts as they shall respectively produce audited by the
auditor of this State.
And be it further enacted by the authority aforesaid^ That if there shall
be any money in the treasury of this State, on the first day of January
next, after payment of the sums already particularly directed by law to
be paid, or that during the present session of the legislature may be
directed to be paid, by the treasurer of the State, o» appropriated for
other purposes, the treasurer shall and may advertise the amount of
such money so remaining in the treasury unappropriated, and that he
will divide the same among the holders of the certificates issued for the
four fifth parts of the interest of the public securities which have been
loaned to this State by virtue of the act entitled "An act to emit the
sum of two hundred thousand pounds in bills of credit for the purposes
therein mentioned," passed the eighteenth day of April, one thousand
seven hundred and Eighty six, proportionally to the sums due upon their
several certificates. And the said treasurer shall on the first day of
February proceed to pay the same money in proportion as aforesaid,
indorsing the amount of such payments, upon the said certificates
respectively.
And be it further enacted by the authority aforesaid That it shall and
niay be lawful for the treasurer of this State to pay unto James Clinton,
John Hathom and John Cantine commissioners for laying out the town
of Chemung, on account, the sum of fifty pounds.
And be it further enacted by the authority aforesaid^ That the treasurer
shall pay to Samuel Loudon the sum of three hundred and fifty pounds
being one year's salary, as printer to this State.
Chap. 94,] ELEVENTH SESSION. 835
CHAP. 94.
AN ACT for the relief of the creditors of William Van Derlocht
and for other purposes therein mentioned.
Passed the 22d of March. 1788.
Whereas before the late repeal of the act for the relief of insolvent Preamble,
debtors, which was passed on the 13th day of April 1786, proceedings
were commenced under the said act for the assignment of the estate of
the said William Van Derlocht for the benefit of his creditors; and a
number of the said creditors have by their petition set forth, that unless
the said estate be speedily assigned for their benefit, it will suffer great
diminution, and prayed relief in the premises ; therefore.
Be it enacted by the People of the State of New York^ represented in Aooount
Senate and Assembly y and it is hereby enacted by the authority of the same^ iwewdUy
That it shall and may be lawful, for the said William Van Derlocht, to wiiiiam
deliver in writing to the chancellor, or one of the judges of the supreme tocSt?^''
court, a full and true account of all his creditors, and the monies owing
to them respectively, by him the said debtor, and also a full and true
inventory and account of all his estate, both real and personal, in law
and in equity, and of all books, vouchers and securities, relating to the
same and the chancellor or judge aforesaid, shall thereupon administer
an oath, to the said debtor, to the following effect — ** I William Van
Derlocht do soleijinly swear in the presence of Almighty God, that the
account now by me delivered is a just and true account of all my cred-
itors, and of the monies owing by me, to the best of my knowledge or
remembrance, and that the inventory and account, now delivered by me,
is a just and true account, of all my estate real and personal, both in law
and in equity, either in possession, reversion or remainder, and that I
havt not directly, or indirectly, sold, leased, assigned or otherwise dis-
posed of, or made over, either in trust for myself or otherwise, except as
set forth in the same account any part of my estate, real or personal for
my future benefit or in order to defraud my creditors," so help me God,"
which oath being taken by the said William Van Derlocht, he shall Assign-
make a grant or assignment, of all his estate both in law and equity, to Sade.^^
Hendrick Wyckoff, Lewis Ogden and Jacob Hallet of the city of New
York merchants, or any two of them, in trust for all his creditors, and
upon the said William Van Derlocht*s producing to the chancellor or
judge aforesaid a certificate under the hands and seals of Hendrick
Wyckoff, Lewis Ogden and Jacob Hallet aforesaid, or any two of them,
executed in the presence of two witnesses that the said William Van
Derlocht has granted, conveyed, assigned and delivered for the use of
his creditors, all his estate real and personal, both in law and in equity,
except as hereinafter mentioned, and all books, vouchers and securities,
relating to the same, the chancellor or judge aforesaid, shall discharge
the said William Van Derlocht from his imprisonment; which discharge
or the record thereof, shall be a sufficient warrant to the sheriff or
goaler, for setting the said William Van Derlocht at large.
And be it further enacted by the autJiority aforesaid, That the said Discham
William Van Derlocht, having given up his estate, and conformed in all '"^^ ****'•
things to the directions of this act, shall be discharged from all debts
due at the time of the assignment or contracted for before that time,
though payable afterwards, and if prosecuted for any such debt or con-
836
LAWS OF NEW YORK.
[Chap. 94.
Perjury
and fraud,
penalty for.
Powers of
assigneee.
Debtors
coDflned
in Jail, dis-
charge of.
Persons
dischargred
not to be
re-arrested
for same
cause.
New exe-
cution
atrainst
property
to issue
tract, may plead the general issue, and give the special matter in evi-
dence.
And be it further enacted by the authority aforesaid^ That in case the
said William Van Derlocht, shall be guilty of perjury, by concealing any
part of his estate or effects, or shall after the assignment of his estate by
virtue of this act, receive any debt or debts due or owing to him before
such assignment, or if he shall secrete any part of his estate, or any
books or writings relating thereto, with an intent to defraud his credit-
ors, then, and in such case, the discharge of the said William Van Der-
locht under this act shall be void, and his person and effects subject to
the payment of all his former debts.
And be it further enacted by the autJwrity aforesaid^ That the powers
and authorities vested in assignees in and by the act entitled **An act
for the relief of insolvent debtors, and which was repealed on the eighth
day of February last, be, and the same are hereby revived, so far as they
respect Hendrick Wyckoff, Lewis Ogden and Jacob Hallctt aforesaid,
assignees of the said William Van Derlocht ; and the said Hendrick
Wyckoff, Lewis Ogden and Jacob Hallett assignees aforesaid of the
estate of the said William Van Derlocht, be, and they hereby are author-
ized and empowered to act in the same manner, and to the same effect,
as if the said act had never been repealed.
And be it further enacted by the authority aforesaid^ That all and
every person and persons, who have been actually confined for thirty
days previous to the passing of this act in any goal within this State
upon execution or upon any other writ or process, or by virtue of any
judgment or order of any court of record or warrant from any justice of
the peace, for any debt or debts or sum or sums of money, or fine or
fines or forfeiture or forfeitures, not exceeding in the whole the sum of
ten pounds, exclusive of costs, shall be discharged from such imprison-
ment ; and the sheriff, goaler or keeper of the goal, in which any such
person is confined as aforesaid, shall upon notice of this act, discharge
such person out of custody, if detained for such debt, sum of money,
fine or forfeitures and for no other cause. And no such goaler shall be
liable to any action of escape, or other suit or information upon account
thereof. And if any action, suit or information shall be brought or
exhibited against any such goaler or sheriff, for or on account of such
discharge, such goaler or sheriff may plead the general issue and give
this act in evidence, and if the plaintiff shall be nonsuited or discontinue
his or her action, or judgment shall be given against him or her, upon a
verdict or demurrer the defendant shall have treble costs.
And be it further enacted by the authority aforesaid That no person
discharged from imprisonment by virtue of this act, shall at any time
thereafter be imprisoned for the same cause, and if any such person so
discharged shall be arrested for the same cause, it shall be lawful for
any judge of the court out of which the process shall have issued, to
discharge such person out of custody, so as such person do give a war-
rant to some attorney of he same court to appear and plead to such
action ; Provided always^
And be it further enacted by the authority aforesaid^ That notwithstanding
such discharge, all and every debt and demand against such person so dis-
charged and all and every judgment and decree had or obtained or to be
had or obtained against him or her, shall stand and be good and effectual
in law, to all intents and purposes against the lands, tenements, heredita-
ments, goods and chatties of such person so dischargeid, which he or she
or any person or persons for him or her hath at the time of such dis-
charge, or at any time thereafter may have, or be in any wise seized or
Chap. 95.] ELEVENTH SESSION. 837
possessed of, or entitled to, either in law or equity, except the arms and
accoutrements of such person, and the necessary "wearing apparel and
bedding of himself and of his wife and children. And it shall and may
be lawful for any creditor of such person so discharged and at whose
suit such person is now confined, and for the executors or administra-
tors of such creditor, to take out a new execution against the lands,
tenements, hereditaments, goods and chatties of such person so dis-
charged, except as before excepted, for the satisfaction of his or her
debt, in such sort, manner and form, as he or she might have done, if
such person had never been taken in execution. And in case no judg-
ment is obtained by such creditor, against such person so discharged,
then it shall be lawful for such creditor to continue or prosecute his or
her action to judgment, and to take out execution as aforesaid against
the lands, tenements, hereditaments, goods and chatties of such person
or persons so discharged, except as before excepted, for the satisfaction
of his or her debt or damages, and costs of suit; but the person of such
debtor so discharged shall not be imprisoned for the same debt or debts,
sum or sums of money, fine or fines, forfeiture or forfeitures, for which
he or she is now confined, or for any or either of them.
And be it further enacted by the authority aforesaid^ That the four Relief of
last clauses of this act shall extend to Luke Wyngart and Tryntie his JJ^^^.
wife and William Hill now confined in the goal of the city and county
of Albany and William Betts and Ebenezer Prentice now confined in
the goal of the city of New York upon execution, although the debts or
sums for which they are respectively confined exceed the sum of ten
pounds.
CHAP. 95.
AN ACT directing the settlement of public accounts, and for
other purposes therein mentioned.
Passed the 22d of March. 1788.
I. Be it enacted by the People of the State of New Yorky represented in Auditor to
Senate and Assembly ^ and it is hereby enacted by the authority of the same^ TOimtswith
That the auditor of this State for the time being, shall be, and hereby ^1^^
is, appointed sole commissioner, for and in behalf of this State, to set-
tle all accounts between this State and the United States; and for that
purpose that he shall be authorised to settle and agree with any, and
every commissioner, agent, or other person, appointed, or authorised,
or hereafter to be appointed or authorised, for the purpose, by or in
behalf of the United States, touching the said accounts, in such manner
and on such terms, as the said auditor shall deem most eligible; and
also on behalt of this State, to appear before any commissioner, or other
persons appointed or authorised, or hereafter to be appointed or author-
ised to hear, enquire into, or determine, touching the claims or demands,
which this State may have or make against the United States, and
before such commissioners or other persons, to manage and prosecute
such claims or demands, on the part of this State ; and that it shall be
lawful for the treasurer to deliver over to the auditor such vouchers and
papers in the treasury, as the treasurer shall deem the auditor ought
to be possessed of, in order to exhibiting or managing, any of the claims,
01 demands of this State, against the United States ; and it is hereby
declared to be the duty of the treasurer, from time to time, on the appli-
838 LAWS OF NEW YORK. [Chap. 95.
cation of the auditor, to advise the auditor touching the said accounts,
and the mode and terms of the settlement of said accounts, as the inter-
wiiiiam est of the State shall, in his judgment, require. That William Denning
wawtet. shall be, and hereby is appointed to collect vouchers, and proofs, and
otherwise to assist the auditor in preparing, stating, and settling the
said accounts, as the auditor shall from time to time require, and in the
absence of the said auditor, at any time, the said William Denning shall
in such cases be authorised to appear in behalf of this State, before such
commissioners or other persons, authorised to hear, enquire into, and
determine, and before such commissioners or other persons, to manage
and prosecute the claims and demands of this State: And he the said
William Denning, shall be allowed for his services in the said business,
at the rate of three hundred and fifty pounds per annum, from the time
he shall enter on the said business.
Auditors II. And be it further enacted by the authority aforesaid, That the
accounts^ office of auditor to liquidate and settle the accounts of the troops of
of troops, this State, in the service of the United States, shall cease, from and after
tebed. the first day of June next. And further that the said auditors shall on
or before the first day of June next; deliver to the treasurer of this State,
all the certificates for pay or depreciation of pay, signed by the said audi-
tors, pursuant to any act of the legislature of this State, and yet remain-
ing in their hands, together with all the books, checks, blanks and papers
belonging to their said office; and the treasurer is hereby authorised,
upon demand, to deliver all such certificates so signed, to the resj>ective
persons entitled to the same.
And whereas it appears that the committee of the convention, in the
year one thousand seven hundred and seventy six, did purchase of the
State of Connecticut a quantity of cannon and ball, some of which can-
non were placed in the forts, and works in the Highlands, and others of
them were taken for the Continental frigates in Hudson's river, and the
account for the said cannon and ball, remains still unsettled between
this State and the State of Connecticut, and as this State hath claims
on the said State, for cannon delivered at New Haven, and for other
articles furnished the said State, in the course of the late war.
Connecti- HI. Be it further enacted by the authority aforesaid. That the auditor
for*oann™n °^ ^^^^ State, with the direction of the committee appointed by law to
assist him, be, and he is hereby directed, to state the claims of this
State against the said State of Connecticut, and to cause the said
account to be liquidated and settled, and to charge the amount of the
cannon and shot, received from the said State, to the United States.
And whereas the State of South Carolina, is indebted to this State for
a quantity of gun powder they received in the course of the late war.
Therefore.
South Car- IV. Be it further enacted by the authority aforesaid. That the auditor
claims for ^^ ^^^ State, be, and is hereby directed, to collect the vouchers, and
gunpow- ascertain the value of the said powder, and deliver the same vouchers
^®'"' and accounts, to the person administering the government of chis State
for the time being, who is hereby requested to make application for the
payment thereof, to the executive of the said state.
And whereas it appears by a certificate from the auditor of this State^
that there is due to Matthew Dubois, for purchasing forage under the
direction of the State agent of this State, a balance of three hundred
and ninety four pounds sixteen shillings;
Matthew V. Be it enacted by the authority aforesaid. That it shall be lawful tor
DuboiB. ^^ treasurer of this State, to issue to the said Matthew Dubois, a certifi-
cate for one third of the amount thereof, which certificate shall be
Chap. 95.] ELEVENTH SESSION. 839
received in payment of any specie tax, due in the county of Ulster, and
a certificate in the usual form for the ballance.
And whereas by a certificate from Patrick Barber one of the commis-
sioners of sequestration for the county of Ulster, it appears that the
said commissioners have in the year one thousand seven hundred and
seventy seven, sold the property of David Mulford to the amount of two
hundred and forty nine pounds four shillings, which it appears reasona-
ble should be repaid to him; therefore,
VI. Be it furt/ier enacted by the authority aforesaid. That the treas- i>avid Mul-
urer of this State be and he hereby is directed to issue to the said David **"**
Mulford, a certificate for the amount thereof, bearing interest at the
rate of six per cent per annum, from the first day of January in the year
one thousand seven hundred and seventy eight.
And whereas Michael Connolly hath paid into the treasury of this ^n^QUy
State one thousand eight hundred and sixty six pounds eight shillings
and five pence, in certificates given for interest by the treasurer of tnis
State, in discharge of so much on a bond given by the said Michael
Connoly to the treasurer of this State ; and whereas the said treasurer
is doubtful whether he ought by law to receive the said certificates in
discharge of the said balance ; therefore,
VII. Be it further enacted by the authority aforesaid^ That it shall and
may be lawful for the treasurer of this State, and he hereby is required,
to accept the said certificates, and give credit on the said bond for the
same.
VIII. And be it further enacted by the authority aforesaid, That the Part of act
seventh section of the act entitled **An act for the relief of persons who Jl^faed.
paid money into the treasury of this State in consequence of a resolu-
tion of the committee of safety, of the first day of March one thousand
seven hundred and seventy seven, and for other purposes therein men-
tioned," shall be and hereby is repealed, from and after the first day of
May next.
And whereas Samuel Townsend a deputy under the late State agent
has been sued for a yoke of oxen by him taken for the use of this State,
and a judgment recovered against him with costs of suit, and it appears
that there is a considerable ballance due to him from this State, which
by law he must receive in treasury notes, which notes will not be taken
in payment on the said judgment; therefore,
IX. Be it further enacted by the authority aforesaid, That the treas- Samuel
urer of this State be, and he is hereby, directed to advance to the said Townsend.
Samuel Townsend the sum of forty pounds in part of the balance due
to him as aforesaid; and further Xo pay the costs of the said suit against
the said Samuel Townsend, to be ascertained by the auditor of the State.
And whereas the committee of New Windsor did in the year one
thousand seven hundred and seventy seven, advance to several distressed
women and children, whose husbands and fathers, were either killed or
taken prisoners aj Fort Montgomery, the sum of one hundred and twelve
pounds Continental money, and it is reasonable fhat compensation should
be made to them;
X. Be it further enacted by the authority aforesaid. That the auditor New wind-
of this State be, and is hereby directed to ascertain the value of the said JSttee™f .
money, with the interest thereon, and certify the same to the treasurer
of this State who is hereby required to pay the same to Samuel Brewster,
chairman of the said committee, out of any unappropriated money in the
treasury.
And whereas John Cruger and Leonard Lispenard surviving trustees
of the estate ot the late Abraham De Peyster deceased, have commenced
830 LAWS OF NEW YORK. [Chap. 92.
to him or them, or which ought by virtue of this act to oe assigned
to him or them and to convert the same into money, to execute good
and sufficient deeds for such real and personal estate, to redeem all
mortgages and conditional contracts* and satisfy all judgments, and to
recover in his or their name or names, all such real and personal estate
of such insolvent, and all deeds, and books of accounts and papers,
respecting the same; and shall have full power and authority, to refer
to arbitration, settle or compound or agree with, any person indebted
to the insolvent, in such manner as shall from time to time appear to
such assignee or assignees,' most advantageous to the creditors of such
insolvent, and shall within the space of one year, proceed to make a
division of all the money, which shall have come to his or their hands,
of such estate, first giving three months notice of the time and place of
making such division, by advertising the same in the newspaper, printed
by the printer to this State and in one other of the public newspapers,
printed in this State ; and if the whole be not then settled, shall within
the space of one year thereafter, make a second division, of such monies
as may come to his or their hands, after the first division ; and so from
year to year, until a final settlement thereof, and a just and equal divis-
ion of the whole be made: And if on settling the estate of the insolvent,
a surplus should remain in their possession, after discharging the debt
or debts of the said insolvent, the same shall be paid to the said insolv-
ent, his or her legal representative or representatives.
Diviaion of And be it further enacted by the authority aforesaid, That the assignees,
moDoys. Qj. ^i^g survivors or survivor of them, shall, at least one month before a
division be made, appoint a day, by advertising the same in one or more
of the public newspapers, for a general meeting of all such creditors as
shall choose to attend, to examine and ascertain the debts due to each
creditor ; and in case of any controversy relating to such debts, it shall
be determined in the following manner, that is to say, the assignees
shall nominate two referees, not being creditors of the insolvent, and
the creditor whose debt is in controversy, shall nominate two others,
and their names shall be seperately written on four pieces of paper, as
nearly of the same size as possible, which shall be rolled up in the same,
manner, and put into a box, and from thence one of the assignees shall
draw out three of the said pieces of paper, and the persons whose names
are so drawn, shall finally settle such controversy; and if any referee so
appointed, shall refuse or be incapable of acting, in a reasonable time,
a new choice shall be made in the same manner: And in case any
such creditor, shall refuse to nominate referees on his part, the assignees
are hereby impowered to nominate them, for him.
Oath of And be it further enacted by the authority aforesaid. That the assignee
compelfM- ^^ assignees, shall, before he or they enter upon the execution of the
tion: ex- trust committed to him or them by virtue of this act take an oath, to
penses. y^^ administered by a master in chancery a justice of the supreme court,
or any of the judges of the court of common pleas aforesaid, "well and
faithfully to manage the insolvent's estate, and keep and render a true
account of all that shall come to his or their hands of the same;" and
for that purpose he or they shall keep regular books of accounts, to
which every creditor at all reasonable times may have recourse; and
for the care and trouble incumbent on the assignee or assignees, he or
they shall be allowed out of the insolvents estate, such a consideration
as the petitioners, or a major part of them, shall agree and ^m upon; and
that all costs of suit, prison and gaol fees, and charges of proceedings under
this act, to obtain the discharge of the insolvent, shall be first paid; and
then deducting all such costs, charges and expences, as shall be neces-
Chap. 93.] ELEVENTH SESSION. 831
sarily laid out, and expended by the assignee or assignees, together with
his or their commissions, for his or their care and trouble therein, the
residue shall be divided equally among the creditors, in which division
no preference shall be given to debts due by specialty.
Anii be it further enacted by the authority aforesaid^ That no suit Suits by
in equity shall be commenced, by any assignee, without the consent of "^^^o®®-
the majority of the petitioners or creditors who consented to the assign-
ment, with respect to the amount of their debts as aforesaid, at a meet-
ing held for that purpose. And if any creditor shall neglect or refuse Failure of
to give notice of, and prove his or her debt, within one year and an half prove*hte^*^
after the assignment, and a division of the whole estate be made, such account,
creditor shall not be entitled to a dividend, and the whole money shall
be divided by the assignees, among the other creditors. But in case
the whole of such' insolvents estate shall not be divided and settled by
the time hereby appointed for the first division, and such creditor shall
prove his debt, before the time appointed for the second division, then
such creditor shall before a second division be made among the other
creditors, have his said dividend, or so much money as he would have
been entitled to on the first division, had his debt then been proved ;
but no creditor shall be admitted to prove his debt, in order to entitle
himself, to a share in the insolvents estate, after a second division, but
shall by this act be debarred from any share thereof.
And be it further enacted by the authority aforesaid^ That every insolv- Allowance
ent who shall be discharged by virtue of this act, and in all things con- ent bT*^
form to the directions thereof shall be allowed the sum of five pounds aMignees.
per centum on the net produce of all his or her estate that shall
be recovered or received by the said assignee or assignees, to be paid
to him or her by such assignee or assignees in case the net produce of
the said estate after such allowance made, shall be sufficient to pay the
creditors of such insolvent, who shall prove their debts in the manner
directed by this act, the surn of fourteen shillings in the pound, and so
as the said five pounds per centum shall not amount in the whole to
above the sum of two hundred pounds.
And be it further enacted by the authority aforesaid^ That nothing in Distress
this act contained, shall be construed to deprive landlords of <he right
of distraining for, or securing their rents, which by law they had, before
the making of this act.
€HAP. 98.
AN ACT for the payment of the salaries of the officers of gov-
ernment, and other contingent charges.
Passed the 21st of March, 1788.
Be it enacted by the People of the State of New York^ represented in Annual
Senate and Assembly ^ and it is hereby enacted by the authority of the same^ tloSTbRii* .**
That the treasurer of the State shall pay out of any unappropriated
monies in the treasury, the sums of money herein after directed, viz.
To his excellency the governor, for administering the government of
this State, from the first day of July last to the first day of July next,
at and after the rate of fifteen hundred pounds.
To the person administering the government of the State, for the time Governor,
being, to defray the incidental charges which may arise in and about
the administering the government of the State, such sum or sums of
832 LAWS OF NEW YORK. [Chap. 93.
money as he shall, from time to time, by warrant under his hand and
the privy seal of the State, draw from the treasury for the purpose, not
exceeding in the whole, the sum of one hundred and fifty pounds.
Chancellor. To the Honorable Robert R. Livingston, chancellor of the State, for
his services in that station, from the first day of July last to the first day
of July next, at and after the rate of five hundred pounds.
Chief Jus- To the Honorable Richard Morris, chief justice of the State, for.his
tice. services in that station from and to the respective times aforesaid, at
and after the rate of f^ve hundred pounds.
Putene To the Honorable Robert Yates and John Sloss Hobart Puisne jus-
justicea. iiQQs of the supreme court of the State respectively, for their services
in that station from and to the respective times aforesaid, at and after
the rate of five hundred pounds.
Delefffttes To John Haring Melancton Smith, Abraham Yates junr. and John
toOongreM Lansing junr. delegates from this State in the Congress of the United
States, at and after the rate of twenty four shillings per day, for such
time as they shall have attended or were going to or returning from
Congress to the respective places of their abode, according to such
accounts as they shall respectively produce audited by the auditor of the
State.
Council of To the members of the council of appointment at and after the rate
ment.'^'' ^f sixteen shillings per day each, for their attendance in council, in the
recess of the legislature, and for the time of their travelling from and to
their respective places of abode, according to such accounts as they
shall produce, certified by the clerk of the said council.
Memben To the members of the senate and assembly for each and every day
latli?.'" they shall have attended in senate or assembly, during the present meet-
ing of the legislature, and for each and every day they shall have been
or may be travelling from and to their respective places of abode, to the
place of the meeting of the legislature, the sum of twelve shillings per
day each; such travelling charges to be computed at and after the rate
of thirty miles per day, agreeable to such accounts thereof as they shall
respectively produce, certified by the president of the senate or speaker
of the assembly, (as the case may be); and the account of the president
of the senate to be certified by the clerk of the senate, and the account
of the speaker of the assembly to be certified by the clerk of the assem-
bly.
' Clerks. To John McKesson and Abraham B. Bancker clerks of the assembly
and senate, each the sum of thirty shillings per day for their respective
services during the present session ; and also the amount of such accounts
for monies by them advanced respectively, for the use of the assembly
and senate, as they shall respectively produce, certified by the president
of the senate and speaker of the assembly as the case may require.
Dooriceep- To the door keepers of the senate and assembly, at and after the rate
®"* of sixteen shillings per day, agreeable to such certificate thereof as they
shall respectively produce, certified by the president of the senate or
speaker of the assembly, as the case may require.
Sergeant- To the Serjeant at arms, at and after the rate of sixteen shillings per
at-arms. ^^^^ agreeable to such certificate thereof as he shall produce, certified
by the speaker of the assembly.
Secretary To the secretary of the State, for attending the legislature during the
of State, present session, for the purpose of receiving the laws, and attending the
council of appointment, from the first day of July last to the first day of
July next, at and after the rate of thirty pounds.
To the said secretary, for his services in recording the laws, for mak-
ing copies thereof, with marginal notes for the press, and making copies
Chap. 93.J ELEVENTH SESSION 833
by direction of the governor, or of the senate and assembly, and for
engrossing the minutes of the council of appointment from time to time,
after the rate of one shilling and six pence per sheet, each sheet to con-
sist of one hundred and twenty eight words, agreeable to such account
thereof as he shall produce, audited by the auditor ot the State.
To the secretary to his excellency the governor, at and after the rate Secretary
of one hundred and fifty pounds per annum. Inufr!
And be it further enacted by the authority aforesaid^ That it shall and Treaaurer.
may be lawfull for Gerard Bancker treasurer of the State, to retain in his
own hands the sum of five hundred pounds for his services as treasurer,
from the first day of July last, to the first day of July next, and the
further sum of six hundred pounds, for the incidental charges of his
office.
And be it further enacted by the authority aforesaid, That the said
treasurer shall pay to the following persons, the sums herein after men-
tioned,'viz.
To Egbert Benson attorney general of the State, for his services in Attorney-
that station, from the^ first day of July last, to the first day of July next, ^^^^^
at and after the rate of six hundred pounds. *
To the auditor of the State, the sum of three hundred and fifty Auditor,
pounds, for his services as auditor for one year, ending the twenty third
day of March instant.
To Simeon De Witt surveyor general of the State, such sum as shall Surveyor-
be certified by the auditor of the State to be due him for his salary and ^^^^
the expent:es of his office, to the first day of May next.
To Nicholas Fish, adjutant-general of the militia of the State, the sum Adjutant-
of three hundred and fifty pounds in full for his salary from the thir- *^®"®™ •
teenth day of April one thousand seven hundred and eighty seven, to
the thirteenth day of April next.
To the collector of the customs for the port of New York, in quarterly Customs
payments, at and after the rate of fifteen hundred pounds per annum. <>^ce"*-
To the collector of the customs for the port of Sagg Harbour, at and
after the rate of fifty pounds per annum.
To the surveyor and searcher, at and after the rate of two hundred
and fifty pounds per annum.
To each of the land and tide waiters, the sum of ten shillings per
day.
To Samuel Jones and Richard Varick for revising and digesting the Revision
laws of this State, such sums as shall be certified, by the auditor of the o'*^®^^^
State, to be due to them respectively, for their services in that station,
for the time they have been actually employed therein.
To the executors of Andrw Moodie deceased, late commissary of Commis-
military stores, at and after the rate of forty pounds per annum, for his JJJ?^.
salary from the thirteenth day of April last.
To Abraham Hardenbergh and William W. Morris, such sums as Pennsyi-
shall be certified by the auditor of this State to be due to them for their bmilfdary
services and disbursements, in running the line between this State and i*"®-
the Common-wealth of Pennsylvania, allowing to the said Abraham
Hardenbergh and William W. Morris respectively, at and after the rate
of forty shillings per day, for every day they have respectively been
upon that service.
To James Clinton such ballance as shall be certified by the auditor id.
of the State to be due to him for his services, in running the line afore-
said, in the year one thou<?and seven hundred and eighty six, allowing
to him the sum of eight shillings per day, in addition to the sum allowed
him in and by the act entitled "An act for the payment of the salaries
Vol. 2. — 105
834
LAWS OF NEW YORK.
[Chap. 93.
Id.
'Mbatgom-
ery statue.
Deleicates
to conven-
ttOD.
Moneys on-
appropri-
ated to be
paid on
oertilloates.
Chemung,
laying out
town of.
State
printer.
of the officers of government and other contingent charges," passed the
twenty first day of April one thousand seven hundred and eighty seven
for every day he has been upon that service.
To Simeon De Witt such ballance as shall be certified by the auditor
of the State to be due to him for his services in running the line afore-
said, in the year one thousand seven hundred and eighty six, allowing
to him the sum of forty shillings per pay, for every day he has been
upon that service; and deducting therefrom, his salary as surveyor gen-
eral of this State, during the time aforesaid, kt and after the rate of four
hundred pounds per annum, and the further sum of forty pounds allowed
him in and by the act last mentioned, if the same shall have been paid
to him.
To the chamberlain or treasurer of the corporation of the city of New
York, such sum as shall be certified by the auditor of the State to be
due to the said corporation, as the ballance of the expences of erecting
the monument of the late General Montgomery.
To each of the delegates from this State to the late general conven-
tion of the States assembled in the city of Philadelphia, thirty two shil-
lings per day for their expences, for each day they respectively have
been travelling to and from, and attending the said convention, agree-
able to such accounts as they shall respectively produce audited by the
auditor of this State.
And be it further enacted by the authority aforesaid^ That if there shall
be any money in the treasury of this State, on the first day of January
next, after payment of the sums already particularly directed by law to
be paid, or that during the present session of the legislature may be
directed to be paid, by the treasurer of the State, o» appropriated for
other purposes, the treasurer shall and may advertise the amount of
such money so remaining in the treasury unappropriated, and that he
will divide the same among the holders of the certificates issued for the
four fifth parts of the interest of the public securities which have been
loaned to this State by virtue of the act entitled "An act to emit the
sum of two hundred thousand pounds in bills of credit for the purposes
therein mentioned,*' passed the eighteenth day of April, one thousand
seven hundred and Eighty six, proportionally to the sums due upon their
several certificates. And the said treasurer shall on the first day of
February proceed to pay the same money in proportion as aforesaid,
indorsing the amount of such payments, upon the said certificates
respectively.
And be it further enacted by the authority aforesaid That it shall and
may be lawful for the treasurer of this State to pay unto James Clinton,
John Hathom and John Can tine commissioners for laying out the town
of Chemung, on account, the sum of fifty pounds.
Atid be it further enacted by the authority aforesaid^ That the treasurer
shall pay to Samuel Loudon the sum of three hundred and fifty pounds
being one year's salary, as printer to this State.
Chap. 94.] ELEVENTH SESSION. 835
CHAP. 94.
AN ACT for the relief of the creditors of William Van Derlocht
and for other purposes therein mentioned.
Passed the 22d of March. 1788.
Whereas before the late repeal of the act for the relief of insolvent Preamble,
debtors, which was passed on the 13th day of April 1786, proceedings
were commenced under the said act for the assignment of the estate of
the said William Van Derlocht for the benefit of his creditors; and a
number of the said creditors have by their petition set forth, that unless
the said estate be speedily assigned for their benefit, it will suffer great
diminution, and prayed relief in the premises ; therefore.
Be it enacted by the People of the State of New York, represented in Aocouat
Senate and Assembly , and it is hereby enacted by the authority of the samcy fi^Jj^ by
That it shall and may be lawful, for the said William Van Derlocht, to wiuiam
deliver in writing to the chancellor, or one of the judges of the supreme iSoSt?^''
court, a full and true account of all his creditors, and the monies owing
to them respectively, by him the said debtor, and also a full and true
inventory and account of all his estate, both real and personal, in law
and in equity, and of all books, vouchers and securities, relating to the
same and the chancellor or judge aforesaid, shall thereupon administer
an oath, to the said debtor, to the following effect — **I William Van
Derlocht do soleijinly swear in the presence of Almighty God, that the
account now by me delivered is a just and true account of all my cred-
itors, and of the monies owing by me, to the best of my knowledge or
remembrance, and that the inventory and account, now delivered by me,
is a just and true account, of all my estate real and personal, both in law
and in equity, either in possession, reversion or remainder, and that I
havt not directly, or indirectly, sold, leased, assigned or otherwise dis-
posed of, or made over, either in trust for myself or otherwise, except as
set forth in the same account any part of my estate, real or personal for
my future benefit or in order to defraud my creditors,*' so help me God,"
which oath being taken by the said William Van Derlocht, he shall Assign-
make a grant or assignment, of all his estate both in law and equity, to ™23J^^
Hendrick Wyckoff, Lewis Ogden and Jacob Hallet of the city of New
York merchants, or any two of them, in trust for all his creditors, and
upon the said William Van Derlocht's producing to the chancellor or
judge aforesaid a certificate under the hands and seals of Hendrick
Wyckoff, Lewis Ogden and Jacob Hallet aforesaid, or any two of them,
executed in the presence of two witnesses that the said William Van
Derlocht has granted, conveyed, assigned and delivered for the use of
his creditors, all his estate real and personal, both in law and in equity,
except as hereinafter mentioned, and all books, vouchers and securities,
relating to the same, the chancellor or judge aforesaid, shall discharge
the said William Van Derlocht from his imprisonment; which discharge
or the record thereof, shall be a sufficient warrant to the sheriff or
goaler, for setting the said William Van Derlocht at large.
And be it further enacted by the authority aforesaid, That the said Discham
William Van Derlocht, having given up his estate, and conformed in all ''^™ **®°'*
things to the directions of this act, shall be discharged from all debts
due at the time of the assignment or contracted for before that time,
though payable afterwards, and if prosecuted for any such debt or con-
836
LAWS OF NEW YORK.
[Chap. 94.
Perjury
and fraud,
penalty for.
Powers of
aeslgneeB.
Debtors
confined
in Jail, dia-
oharjjre of.
Persons
discharged
not to be
re-arrested
for same
cause.
New exe-
cution
against
property
to issue
tract, may plead the general issue, and give the special matter in evi-
dence.
And be it further enacted by the authority aforesaid^ That in case the
said William Van Derlocht, shall be guilty of perjury, by concealing any
part of his estate or effects, or shall after the assignment of his estate by
virtue of this act, receive any debt or debts due or owing to him before
such assignment, or if he shall secrete any part of his estate, or any
books or writings relating thereto, with an intent to defraud his credit-
ors, then, and in such case, the discharge of the said William Van Der-
locht under this act shall be void, and his person and effects subject to
the payment of all his former debts.
And be it further enacted by the autJwrity aforesaid^ That the powers
and authorities vested in assignees in and by the act entitled "An act
for the relief of insolvent debtors, and which was repealed on the eighth
day of February last, be, and the same are hereby revived, so far as they
respect Hendrick Wyckoff, Lewis Ogden and Jacob Hallett aforesaid,
assignees of the said William Van Derlocht ; and the said Hendrick
Wyckoff, Lewis Ogden and Jacob Hallett assignees aforesaid of the
estate of the said William Van Derlocht, be, and they hereby are author-
ized and empowered to act in the same manner, and to the same effect,
as if the said act had never been repealed.
And be it further enacted by t/ie authority aforesaid, That all and
every person and persons, who have been actually confined for thirty
days previous to the passing of this act in any goal within this State
upon execution or upon any other writ or process, or by virtue of any
judgment or order of any court of record or warrant from any justice of
the peace, for any debt or debts or sum or sums of money, or fine or
fines or forfeiture or forfeitures, not exceeding in the whole the sum of
ten pounds, exclusive of costs, shall be discharged from such imprison-
ment ; and the sheriff, goaler or keeper of the goal, in which any such
person is confined as aforesaid, shall upon notice of this act, discharge
such person out of custody, if detained for such debt, sum of money,
fine or forfeitures and for no other cause. And no such goaler shall be
liable to any action of escape, or other suit or information upon account
thereof. And if any action, suit or information shall be brought or
exhibited against any such goaler or sheriff, for or on account of such
discharge, such goaler or sheriff may plead the general issue and give
this act in evidence, and if the plaintiff shall be nonsuited or discontinue
his or her action, or judgment shall be given against him or her, upon a
verdict or demurrer the defendant shall have treble costs.
And be it further enacted by the authority aforesaid That no person
discharged from imprisonment by virtue of this act, shall at any time
thereafter be imprisoned for the same cause, and if any such person so
discharged shall be arrested for the same cause, it shall be lawful for
any judge of the court out of which the process shall have issued, to
discharge such person out of custody, so as such person do give a war-
rant to some attorney of he same court to appear and plead to such
action ; Proviaed always.
And be it further enacted by the authority aforesaid. That notwithstanding
such discharge, all and every debt and demand against such person so dis-
charged and all and every judgment and decree had or obtained or to be
had or obtained against him or her, shall stand and be good and effectual
in law, to all intents and purposes against the lands, tenements, heredita-
ments, goods and chatties of such person so discharged, which he or she
or any person or persons for him or her hath at the time of such dis-
charge, or at any time thereafter may have, or be in any wise seized or
Chap. 95.] ELEVENTH SESSION. 837
possessed of, or entitled to, either in law or equity, except the arms and
accoutrements of such person, and the necessary ^vearing apparel and
bedding of himself and of his wife and children. And it shall and may
be lawful for any creditor of such person so discharged and at whose
suit such person is now confined, and for the executors or administra-
tors of such creditor, to take out a new execution against the lands,
tenements, hereditaments, goods and chatties of such person so dis-
charged, except as before excepted, for the satisfaction of his or her
debt, in such sort, manner and form, as he or she might have done, if
such person had never been taken in execution. And in case no judg-
ment is obtained by such creditor, against such person so discharged,
then it shall be lawful for such creditor to continue or prosecute his or
her action to judgment, and to take out execution as aforesaid against
the lands, tenements, hereditaments, goods and chatties of such person
or persons so discharged, except as before excepted, for the satisfaction
of his or her debt or damages, and costs of suit; but the person of such
debtor so discharged shall not be imprisoned for the same debt or debts,
sum or sums of money, fine or fines, forfeiture or forfeitures, for which
he or she is now confined, or for any or either of them.
And be it further enacted by the authority aforesaid^ That the four Relief of
last clauses of this act shall extend to Luke Wyngart and Tryntie his J|21S.
wife and William Hill now confined in the goal of the city and county
of Albany and William Betts and Ebenezer Prentice now confined in
the goal of the city of New York upon execution, although the debts or
sums for which they are respectively confined exceed the sum of ten
pounds.
CHAP. 95.
AN ACT directing the settlement of public accounts, and for
other purposes therein mentioned.
Passed the 22d of March, 1788.
L Be it enacted by the People of the State of New York^ represented in Auditor to
Senate and Assembly^ and it is hereby enacted by the authority of the same, wimts with
That the auditor of this State for the time being, shall be, and hereby SSjJS?
is, appointed sole commissioner, for and in behalf of this State, to set-
tle all accounts between this State and the United States; and for that
purpose that he shall be authorised to settle and agree with any, and
every commissioner, agent, or other person, appointed, or authorised,
or hereafter to be appointed or authorised, for the purpose, by or in
behalf of the United States, touching the said accounts, in such manner
and on such terms, as the said auditor shall deem most eligible; and
also on behalt of this State, to appear before any commissioner, or other
persons appointed or authorised, or hereafter to be appointed or author-
ised to hear, enquire into, or determine, touching the claims or demands,
which this State may have or make against the United States, and
before such commissioners or other persons, to manage and prosecute
such claims or demands, on the part of this State ; and that it shall be
lawful for the treasurer to deliver over to the auditor such vouchers and
papers in the treasury, as the treasurer shall deem the auditor ought
to be possessed of, in order to exhibiting or managing, any of the claims,
01 demands of this State, against the United States ; and it is hereby
declared to be the duty of the treasurer, from time to time, on the appli-
848
LAWS OF NEW YORK.
[Chap. 95.
William
Peters,
Judgment
afrainst
Geo. Cro-
ghao.
Id.
Duaneft*
burgh,
town of,
erected.
sand seven hundred and seventy four, executed conveyances to the said
several purchasers, for the lands by them respectively purchased, and
he delivered the same to James Duane the attorney of the said plaintiff,
as escrows, to take effect on the payment by the said purchasers sever-
ally, of the purchase money from them respectively due. That the said
purchasers, not having paid any part of the said purchase money, the
said conveyances still remain in the hands of the said James Duane, and
the plaintiff in the same suit, by reasoa of the troubles which soon after
took place, and of the attainder of the said Thomas Jones, John Glaus,
Stephen De Lancey and Richard Duncan, hath been prevented from
taking measures for compelling them to pay the amount of the purchase
money due from them respectively, or for effecting a payment of the
monies recovered in the said suit; and therefore prayed the interposi-
tion of the legislature in his behalf. Therefore,
Be it further enacted by the authority aforesaid^ That it shall be lawful
for the surveyor general, as soon as conveniently may be. after the pass-
ing of this act, to sell, in the manner directed by an act entitled '*An
act for the speedy sale of the confiscated and forfeited estates within
this State, and for other purposes therein mentioned," passed 12th May
1784, the lands so purchased by the said Thomas Jones, John Glaus,
Stephen De Lancey and Richard Duncan, and to pay of the monies
arising by such sale, to the amount of one thousand three hundred and
seventeen pounds, seventeen shillings and four pence, being the whole
amount of the purchase money so due as aforesaid, with lawful interest
for the same, from the said ninth day of November, in the year one
thousand seven hundred and seventy four to the judgment creditors of
the said George Groghan, or their assigns, according to the priority of
their respective judgments remaining unsatisfied, and to pay the over-
plus of the said monies, if any there shall be, into the treasury of this
State. Frozndedy that such payment shall not be made to the said cred-
itors, until he the said William Peters shall have delivered to the com-
missioners, the said conveyances from the said Alexander White, duly-
proved or acknowledged, and also the said writ of venditioni exponas:
And proiided further^ that monies only consisting in gold or silver, or
bills of credit of this State, shall be received by the commissioners in
payment on the said sales: A ttd provided farther ^ that the conveyances
from the commissioners in this case, shall not be deemed to operate as
warrantys from the State; and the commissioners, shall accordingly
insert in the conveyanees, the words, *' these presents however are in
no wise to operate as a warranty ." immediately before the words " in
witness."
And be it further enacted by the authority aforesaid^ That the said
surveyor general shall cause the said writ of venditioni exponas to be
filed in the office of the clerk of the supreme court of this State, and
the clerk of the said court is hereby required to receive and file the
same writ accordingly; and the surveyor general shall cause the said
conveyances from the said Alexander White, to be recorded in che
office of the clerk of the county of Montgomery, the expence thereof to
be defrayed out of the monies to arise by the said sales, to be made by
the commissioners as aforesaid.
And whereas that part of the county of Albany, heretofore the town-
ships of Schoharie and Duanesburgh, is now united into one town, which
from its extent is inconvenient to the inhabitants. Therefore,
Be it further enacted by the authority aforesaid^ That from and after
the first day of April, in the year of our Lord one thousand seven hun-
dred and eighty nine, the said township of Duanesburgh, bounded Dn
Chap. 95.] ELEVENTH SESSION. 849
the north by the county of Montgomery, on the west by Schoharie river,
and the Schoharie patent, on the south by the north bounds of lands
granted to Johannis Lawyer and others, and the south bounds of lands
granted to Captain Jonathan Brewer, and the manor of Rensselaerwyck;
and on the east by the west bounds of lands belonging to the Dutch
church of Shenectady, and the west bounds of the settlement called
Corry's brook, shall continue and be a town by the name of Duanes-
burgh, with all the rights privileges and immunities, which are granted
to other towns within this State, by an act of the legislature passed in
this present session, entitled "An act for dividing the counties of this
State into towns;" and that tHe first town meeting of the inhabitants of
the said town, shall be held at the dwelling-house now occupied by
Nicholas Reghter, in the said town, on the first Tuesday in April, in the
year aforesaid.
And whereas it appears to the legislature, that Ananias Cooper, Mar-
tin Vosburgh, Thomas Lewis, John Van Benthuysen, and Anthony
Hoffman, were entitled to a tract of land being part of a larger tract
granted by letters patent to Joseph Totton and Stephen Crosfield, com-
monly known by the name of Jessups Purchase; and by the events of
the late war, the several deeds, vouchers and papers respecting their
title to the said lands, had been carried off, and could not afterwards be
obtained, before the time limited for them to produce such claims was
expired. Therefore to afford relief in the premises.
Be it further enacted by the authority aforesaid^ That the commision- Anthony
ers of the land office, are hereby authorized and directed, to examine ?t*fi™*"
into the claims and pretentions of Anthony Hofman, Martin Vosburgh jj[j*™ ^
and others, relative to a township of twenty four thousand acres of land,
within the limits of the purchase commonly called Jessups Purchase;
and if upon such examination it should appear to the commissioners, to
be a just and equitable claim, to order and direct so much of the unap-
propriated lands within the said purchase, or next adjacent thereto,
within this State, to be granted to the said Anthony Hoffman and his
associates, as they shall deem just and equitable, upon such terms arid
conditions as lands upon similar claims have been granted; and the
like provision is hereby made in favour of Roger Southerland.
And whereas Joshua T. D. St. Croix, did on the seventh day of June,
in the year one thousand seven hundred and seventy six, execute a bond
to Thomas Pearsall, of the city of New York, for six hundred pounds,
actually paid to the said Joshua T. D. St. Croix, who afterwards on the
fourth day of February in the year one thousand seven hundred and
seventy nine, conveyed to the said Thomas Pearsall, a certain tract of
land laying within this State, for the securing of the said debt; which said
tract of land became forfeited to the people of this State, by the convic-
tion of the said Joshua T. D. St. Croix. And whereas the said convey-
ance was prior to the act entitled "An act for the forfeiture and sale of
the estates of persons who have adhered to the enemies of this State,
and for declaring the sovereignty of the people of this State in respect
to all property within the same," passed the twenty second day of Octo-
ber in the year one thousand seven hundred and seventy nine, it is
therefore proper that relief should be given to the said Thomas Pear-
sall, as a bona fide purchaser of the said estate, and without any inten-
tion on his part, to defraud the people of this State. Therefore,
Be it further enacted by the authority aforesaid^ That the provision Thomas
contained in forty second section of the act entitled "An act for the ^®*'**^'
speedy sale of the confiscated and forfeited estates within this State,
and for other purposes therein mentioned," passed the twelfth day of
Vol. 2. — 107
850
LAWS OF NEW YORK.
[Chap. 95.
Olalmt for
ImprMMt,
Jmdm
Duaoe, ez-
pei
del
lelegAteto
CongreM.
OerUln
lands DOt
to be sold.
State
Hfrent*8
ordern to
members
of lefrisla-
ture.
Rent of
executlre
mansion.
May in the ^ear one thousand seven hundred and eighty four, shall be,
and hereby is declared to extend to the said Thomas Pearsall; and that
his claim on the estate forfeited to the people of this State, by the con-
viction of the said Joshua T. D. St. Croix, shall and may be adjusted
and paid in like manner as the claims of other persons are directed to
be adjusted and paid, by the said section; an^ thing in either of the
herein before recited acts to the contrary notwithstanding.
And be it further enacted by the authority aforesaidy That it shall be
lawful for the auditor, to examine the claims of persons against the State,
for pay or compensation for the hire of vessels, teams, or for provisions
or other matters, hired, taken or impressed by Egbert Dumond, Daniel
Graham, Moses Cantine, or by any person or persons authorized by his
excellency the governor, to hire vessels, make impresses, taking pro-
visions, or other matters; and to report a state of such claims to the leg-
islature, at their next meeting.
And be it furtlur enacted by the authority aforesaid^ That the auditor
of this State be, and he hereby is directed and authorized, to audit
and settle the accounts of James Duane, for his expences as a delegate
of this State, in the Congress of the United States, in the years one thou-
sand seven hundred and seventy seven and one thousand seven hundred
and seventy eight, on the same principles as the salaries of the chancel-
lor and treasurer are directed to be settled, by the second section of an
act entitled, ** An act for the payment of the salaries of the several
officers of government, and of certain contingent expences, and for other
purposes therein mentioned," passed the twelfth day of May, in the year
of one thousand seven hundred and eighty four; taking as a ratio on
such settlement thirty four shillings specie, as the expence of a day for
the maintenance of a delegate, his servant and two horses, while employed
on that duty; and estimating the Continental money by the scale of
depreciation of Pennsylvania, where it was expended.
And whereas Samuel Waterhouse, on the twenty fourth day of Septem-
ber,, in the year one thousand seven hundred and eighty one, purchased
of John Lansing and Christopher Yates, Esquires as commissioners for
procuring a sum in specie, &c, three thousand five hundred and thirty
two acres of land in Skeens little patent, the boundaries of which land
are erroneously described; and the said Samuel Waterhouse having
prayed that the mistake may be rectified. Therefore,
Be it further enacted by the authority aforesaid^ That the commis-
sioner of the eastern district, and the surveyor general, be inhibited,
from selling such part of the patent called Slceens little patent, lying
north and east of Mackintoch's patent, until after the rising of the legis-
lature, at their next meeting.
And wherecu^ during the late war the members of the legislature
received orders from Udney Hay, then State agent, to be paid in wheat
for their services, as members of the legislature; and whereas^ some of
the said orders remain unpaid. Therefore,
Be it further enacted by the authority aforesaid. That the treasurer of
the State shall and he is hereby authorized, to discharge such orders so
unpaid, at and after the rate of eight shillings for every bushel of wheat,
mentioned in such order.
And be it further enacted by the authority aforesaid. That the treasurer
of this State shall pay to his excellency the governor, the sum of three
hundred pounds, in full for the rent of the house he now lives in,
together with the amount of the taxes paid on the same, from the first
day of May last, to the thirtieth day of April next inclusive.
INDEX.
A.
ABSCONDING DEBTORS.
See Debts and Debtors.
ABSENCE.
Death, seven years deemed evidence of — chap lo, i ith sess 6i i
ACADEMIES.
See Education.
ACKNOWLEDGMENTS.
False personation in — chap. 21, nth sess 634
Proof of conveyances — chap. 44, i ith sess 689
Proof of mortgages — chap. 45, i ith sess 690
ACRE.
What quantity of land to comprise — chap. 13, i ith sess 618
ACTIONS OF ACCOUNT.
Procedure in — chap. 46, i ith sess 692
Remedy hy, giving further relief — chap. 4, i ith sess — 596
ACTS AMENDATORY AND SUPPLEMENTARY.
Fifth session :
chapter twenty-one — chap. 20, 9th sess 199
chapter thirty-six — chap. 58, 8th sess 103
Sixth session :
chapter one — chap. 12, 8th sess., 24 ; chap. 94, loth sess 562
chapter twenty-eight — chap. 2, 8th sess 2
chapter twenty-nine — chap. 38, 9th sess ; 250
Seventh session :
chapter one — chap. 19, 8th sess., 46 ; chap. 5, 9th sess. 181
chapter four — chap. 29, 9th sess 237
chapter thirty-four — chap. 14, 8th sess 27
chapter fifty-one — chapter 1 5, 8th sess 30
chapter fifty-two — chap. 38, 8th sess., 72 ; chap. 95, loth sess 564
chapter fifty-six — chap. 50, 9th sess., 294; chap. 75, loth sess 501
chapter sixty-four ; chapter 58, 9th sess 30f
Eighth session :
chapter four — chap. 49, 9th sess 293
chapter seven — chap. 34, 8th sess 65
chapter twelve — chap. 94, loth sess 562
chapter twenty-seven — chap. 53, loth sess 466
chapter twenty-eight — chap. 53. 9th sess 298
chapter twenty-nine — chap. 103, loth sess 590
chapter thirty-five — chap. 58, 1 ith sess 725
chapter forty-four — chap. 46, 9th sess 289
852 INDEX.
Ninth session :
chapter twenty-three — chap. 76, loth sess 502
chapter twenty-four — chap. 54, loth sess 466
chapter twenty-five — chap. 92, loth sess 557
chapter forty — chap. 64, 9th sess 326
chapter fifty — chap. 75, loth sess 501
Tenth session :
chapter eighty-one — chap> 72, i ith sess 786
chapter eighty-five — chap. 51, nth sess 716
ACTS CONTINUED AND EXTENDED.
Fifth session :
chapter twenty-one — chap. 20. 9th sess., 199; chap. 39, i ith sess 675
Seventh session :
chapter one — chap. 5, 9th sess 181
Eighth session :
chapter nineteen — chap. 5. 9th sess 181
ACTS EXPLANATORY.
Debts due persons within enemies lines — chap. 12, 8th sess 20
ACTS REPEALED.
Colonial :
beef and pork, inspection of — chap. 55, i ith sess 719
excise, regulating inns and taverns — chap, 48, i ith sess 712
general repealing act — chap. 73, 1 ith sess. 791, 795
interest, fixing rate of. (1737) — chap. 13. loth sess 367
liquors, regulating sales of. and inns and taverns — chap. 48, nth sess. . . 707
New York city, buildings in, (1775) — chap. 90, lothsess 555
prevention of fires in, (1761) — chap. 90, loth sess 555
poor laws — chap. 62. nth sess. 744
replevin, to prevent abuses of — chap. 5, nth sess 601
Ulster county, supervisors and assessors — chap. 56. 9th sess 305
Acts repugnant to treaty with Great Britain — chap. 41, i ith sess 679
General repealing act — chap. 73, i ith sess 791
First session :
chapter seven — chap. 73, nth sess 795
chapter eight — chap. 73. i ith sess 797
chapter nineteen — chap. 73, nth sess 795
Second session :
chapter twenty-three — chap. 73. i ith sess. . 797
Third session :
chapter twelve — chap. 29, 9th sess 237
chapter thirty-six — cnap. 73, i ith sess 797
chapter forty-five — chap. 73, nth sess 797
chapter fifty — chap. 73. nth sess 797
chapter sixty-eight — chap. 56, 9th sess 305
Fourth session •
chapter twenty-five — chap. 73, i ith sess 795
chapter thirty-six — chap. 73, i ith sess 795
chapter forty-seven — chap. 5. nth sess., 601; chap. 73, nth sess 795
Fifth session :
chapter thirteen — chap. 29. 9th sess 237
chapter twenty-three — chap. 73, i ith sess 797
chapter twenty-eight — chaj). 102. loth sess 585
chapter thirty-six — chap. 89, loth sess 555
Sixth session ;
chapter two — chap. 12. 9th sess 191
chapter eleven (part) — chap. 67, 9th sess 343
chapter thirty-one (part) — chap. 71, lothsess... 496
chapter thirty-nine — chap. 73. nth sess 795
Seventh session:
chapter ten — chap. 7, 8th sess. 18; chap. 81, loth sess 523
chapter eleven — chap. 73, i ith sess 797
INDEX. 853
Seventh session — {Continued):
chapter thirteen — chap. 73, i ith sess.. 797
chapter twenty-one — chap. 73, i ith sess 797
chapter forty-one — chap. 41, 9th sess 282
chapter forty-five — chap. 102, loth sess 585
chapter fifty-one — chap. 82, loth sess 531
chapter sixty — chap. 66, 8th sess. 1 14 ; chap. 67, 9th sess 343
chapter sixty-three (part) — chap. 97, 9th sess 343
chapter sixty-six — chap. 73, nth sess 795
Eighth session :
chapter seven — chap. 81, loth sess 523
chapter fifteen — chap. 82, loth sess 531
chapter twenty — chap. 41, 9th sess 282
chapter thirty-four — chap. 81, loth sess 523
chapter forty — chap. 73, i ith sess 795
chapter forty-seven — chap. 73, nth sess 795
chapter fifty-eight — chap. 89, loth sess 555
chapter sixty-six — chap. 67, 9th sess 343
chapter sixty-eight — chap. 81, loth sess., 524; chap. 73, nth sess 795
Ninth session :
chapter fifteen — chap. 73. i ith sess 797
chapter eighteen — chap. 73, i ith sess 797
chapter twenty-nine — chap. 73, i ith sess 795
chapter thirty-three— chap. 89, loth sess. 555; chap. 73. nth sess 795
chapter thirty-four — chap. 29, nth sess 639
chapter thirty-nine — chap. 27, i ith sess 637
Tenth session :
chapter forty-nine — chap. 73, i ith sess 797
chapter eighty — chap. 73, i ith sess 797
chapter one hundred and two, § 24 — chap. 73, nth sess 797
chapter one hundred and two, § 7 — chap. 95, i ith sess 839
ACTS REVIVED.
Seventh session:
chapter thirty-four — chap. 14, 8th sess 27
Eighth session :
chapter nineteen — chap. 5, 9th sess 181
chapter twenty-eight — chap. 79, loth sess 507
Ninth session :
chapter fifty-three — chap. 79, loth sess • . . . 507
ADMINISTRATORS.
See Executors and Administrators.
ADMIRALTY, COURT OF.
To prevent encroachments of — chap. 24, loth sess 394
ADVOCATES.
See Courts.
AFFIRMATIONS.
Quakers may make — chap. 33, loth sess 410
See, also. Oaths.
ALBANY, CITY OF.
Charter rights altered — chap. 63, loth sess 483
Excise commissioner in — chap. 48, nth sess 707
Fires, better extinguishment of — chap. 79, i ith sess 802
Hudson river, to improve — chap. 84. loth sess 533
Malicious mischief in — chap. 66, loth sess 489
Poor, relief of — chap. 62, i ith sess 731
Stage route to New York — chap. 52, 8th sess 99
Tax laid for contingent charges — chap. 69, 8th sess 122
Watchmen in, tax for — chap. 70, nth sess.. 784'
854 INDEX.
ALBANY COUNTY.
Boundaries of— chap. 63, nth sess 745
Colonic, highways in — chap. 44, 9th sess 286
Columbia county, erected from — chap. 28, 9th sess 234
Court-house and gaol, tax for — chap. 69, nth sess 783
Division not to affect proceedings on loan — chap, 64, 9th sess 326
Duanesburgh, town of, erected — chap. 95, nth sess 848
Highways, amended — chap. 95, loth sess 564
Hudson, city of, incorporated — chap. 83, 8th sess 154
Schenectady, night watch and firemen — chap. 49, 1 1 th sess 712
Towns in — chap. 64, nth sess ^ 757
ALDERMANIC COURTS.
See Courts.
ALIENS.
De Vidal, Francisco Pablo, conveyance by, legalized — chap. 102, loth sess. . 585
See, also. Naturalization.
AMENDMENTS.
Jeofails and, concerning — chap. 32, 1 1 th sess 646
AMERCIAMENTS.
See Fines and Forfeitures.
APPRENTICES.
Act concerning — chap. 15, nth sess 620
APPROPRIATIONS.
Accounts, settlement of — chap. 95, i ith sess 837
Annual —chap. 90, 8th sess., 170; chap. 63, 9th sess., 324; chap. 99, loth sess.,
571 ; chap. 93. nth sess : 831
Columbia college — chap. 1 5, 8th sess 31
Committee of safety, persons paying money by order of — chap. 102, loth sess. 580
Indian affairs — chap. 47, i ith sess 705
Massachusetts boundary, advances to agents — chap. 49, 9th sess 293
Secretary of State, transcribing records — chap. 1 3, 9th sess 193
Supply bills — chap. 17, 8th sess., 39; chap. 66, 9th sess., 328; chap. 102, loth
sess., 580 ; chap. 95, i ith sess 837
United States, payments to — chap. 53, 8th sess., 100; chap. 48, 9th sess., 291 ;
chap. 83, loth sess 531
War claims — chap. 90, 8th sess., 170; chap. 66, 9th sess., 328 ; chap. 102, loth
sess 58a
ARGYLE, TOWN OF.
Erected — chap. 18, 9th sess 196
Washington county courts at — chap. 102, loth sess 588
ARREARS OF TAXES.
See AssBSSMiKT ahd Taxation.
ARRESTS.
Vexatious, to prevent— chap. 26, loth sess 395
ARTICLES OF CONFEDERATION.
Acceding to amendment — chap. 63, 8th sess iia
ASPINWALL. JOHN.
Real estate vested in trustees — chap. 52. 9th sess 296
ASSEMBLY, MEMBERS OF.
See Legislature.
ASSESSMENT AND TAXATION.
Albany, city of, contingent charges — chap. 69, 8th sess 122
watchmen in — chap. 70, nth sess 784
county of, court-house and gaol— chap. 69, nth sess 783
INDEX. 855
Arrears of taxes, collection of — chap. i6, 8th sess., 31 1 chap. 2f, 9th sess.,
200; chap. 74, loth sess., 500 ; chap. ^^, i ith sess ... 799
Bedford, town of, arrears of poor tax — chap. 60, i ith sess 729
Collectors, relief of — chap. 30, 8th sess 61
Columbia county, court-house and gaol — chap. 74, nth sess 797
Counties, public and neccessary charges of — chap. 65, i ith sess 769
County taxes, arrears of — chap. 74, loth sess 500
Dutchess county, court-house and gaol — chap. 67, 8th sess., 119; chap. 31,
9th sess., 238 ; chap. 55, loth sess., 467 ; chap. 78, nth sess 801
mode of — chap. 36, 9th sess 249
Levy of State tax — chap. 56, 9th sess., 301 ; chap. ^^^ loth sess., 505; chap. 76,
nth sess., 799; chap. 86, nth sess 8n
Newtown, town of, arrears in — chap. 70, loth sess 495
New York city, arrears — chap. 86, loth sess 539
contingent charges — chap. 84, 8th sess., 163; chap. 26, 9th sess., 229;
chap. 68, loth sess., 492 ; chap, (sfi, i ith sess 782
dogs — chap. 42, 8th sess 83
mode of — chap. 40, 8th sess., 80; chap. 62, loth sess., 482 ; chap. 67, nth
sess 776
Persons improperly taxed, relief of — chap. 75, 8th sess 143
in exile during war — chap. 64, loth sess 485
Queens county arrears of poor tax — chap. 55, 8th sess loi
court-house and gaol — chap. 44, 8th sess., 84 ; chap. 46, 9th sess 289
Richmond county, dogs — chap, n, 9th sess 189
relief of Benjamin Micheau — chap. 52, nth sess 716
Schenectady, watch house — chap. 49, i ith sess 712
Suffolk county, arrears — chap. 32, 9th sess 240
court-house and gaol — chap. 44, 8th sess 84
Time extended for payment of tax of 1787 — chap. 76, nth sess 799
Westchester county, court-house and gaol — chap. 59, 9th sess., 316; chap. 60,
nth sess 728
ASSISE, WRITS OF.
Damages m, recovery of — chap. 3, loth sess 347
Grand assise, trials by — chap. 7, 9th sess 182
Process and proceedings in, regulated — chap. 50, loth sess 456
See, also, Courts.
ASSOCIATED MANUFACTURING IRON COMPANY.
Incorporation of — chap. 51, 9th session 295
ATTORN EY-GENERAL.
Fees of — chap. 71, 8th sess 129
ATTORNEYS AND COUNSELLORS.
Certain acts repealed — chap. 29, 9th sess 237
Fees of — chap. 71, 8th sess 127
Smith, George, relief act — chap. 65, 8th sess 113
See, also, Courts.
AUCTION.
Barclay, James, auctioneer — chap. 17, 9th sess 196
Sales by, regulating, amended — chap. 29, 9th sess 237
AUDITOR.
Act appointing, extended and amended — chap. 20^ 9th sess., 199 ; chap. 39,
nth sess 675
Claims, divers, auditing of — chap. 80, 8th sess 147
Settlement of public accounts by — chap. 95, i ith sess ', 837
AUTHORS.
Cop3rright provided for — chap. 54, 9th sess 298
AVORY, ANNE.
Estate of. deceased, relating to — chap. 10, 9th sess 188
856 INDEX.
B.
BAIL.
Bailment of persons — chap. 31, loth sess 405
Right of persons to — chap. 26, loth sess 395
See, also, Courts.
BANCKER, GERARD.
State treasurer, continued as — chap, i, 8th sess., i ; chap. 4, 9th sess 180
BANYAR, GOLDSBROW.
Relief of — chap. 93, loth sess 561
BARCLAY, JAMES.
May be appointed auctioneer — chap. 17, 9th sess 196
BASTARDS.
Support of — chap. 14, nth sess 618
BATTLE. TRIAL BY.
Abolished — chap. 7. 9th sess 182
BEARER.
Public securities payable to — chap. 1 9, 9th sess 199
BEDFORD, TOWN OF.
Court-house to be erected in — chap. 59. 9th sess 316
Poor tax, arrears of — chap. 60, i ith sess 729
BEEF.
Regulating exportation of — chap. 55, iith sess 719
BEEKMAN, TOWN OF
South boundary of — chap. 55, 9th sess 300
BENNETT, JEROMEZ.
Mortgage by. to Ram Hertenburgh — chap. 74, 8th sess 141
BEVIER, DANIEL.
Estate vested in trustees— chap. 41, 8th sess 81
BIGAMY.
Act to prevent — chap. 24, nth sess 635
BILLS OF CREDIT.
Cancellation of certain — chap. 32, 8th sess 64
Counterfeiting, a felony -r- chap. 88, 8th sess 168
Loan of £ 200,000 — chap. 40, 9th sess 253
New emission of — chap. 30, iith sess 640
Payable to bearer— chap. 19. 9th sess 199
See, also. Public Loans and Public Monies.
BLAKE, JANE.
Reliefof — chap. 5. 8th sess 6
BLAKE, JONATHAN.
Relief of creditors of — chap. 5. 8th sess 6
BOARD OF LAND COMMISSIONERS.
See Commissioners of the Land Office ; Lands.
BOUNDARIES OF THE STATE.
Massachusetts, agents, supplementary — chap. 49. 9th sess 293
commissioners to vindicate — chap. 4. 8tn sess., 3 ; chap. 79, loth sess. . . . 507
Congress may direct running of — chap. 28, 8th sess., 57 ; chap. 53, 9th sess. 298
to complete running of — chap. 46, loth sess 443
to establish, amended — chap. 2, 8th sess 2
Pennsylvania, running of — chap. 29, 8th sess., 60; chap. 103, loth sess 590
INDEX. 857
BOUNTIES,
Hemp raised in the State — chap. 6S, 8th sess, 120; chap. 54, iithsess 718
BRADSTREET, JOHN.
Heirs of, partition of lands — chap. 96, loth sess 566
BRADSTREET, MARTHA.
Heirs of, partition of lands — chap. 96, loth sess 566
BRIDGES.
Toll, over Hoosick river — chap. 59, i ith sess 727
BROOKLYN. TOWN OF.
Fires, better extinguishment of — chap. 80, nth sess 804
BUGGERY.
Punishment of vice of — chap. 21, loth sess 391
BUTTER.
Regulating exportation of — chap, 53, i ith sess. 717
BYVANCK, ANTHONY.
Real estate vested in trustees — chap. 9, 8th sess 19
BYVANCK. PETER.
Relief of — chap. 102, loth sess 584
CANADIAN REFUGEES.
Grant of lands to — chap. 67, 9th sess 339
CAPITAL OF THE STATE.
Legislature, where to meet — chap. 14, 9th sess 194
CARPENTER, JOHN.
Mortgage to, recording of — chap. 74, 8th sess 141
CASEY, TEUNIS.
Pardoned of murder — chap. 3, 8th sess 3
CAUGHNAWGA, DISTRICT OF.
Elections in — chap. 7, loth sess 352
Lands to Dutch church at — chap. 73, loth sess 498
CENSUS.
Providing for taking of, 1786 — chap. 8, 9th sess 184
CERTIFICATES.
Counterfeiting, a felony of — chap. 88, 8th sess 168
Forfeited estates, receivable on sale of — chap. 58, 9th sess 307
Payable to bearer — chap. 19, 9th sess 199
See, also, Public Loans and Public Monies.
CERTIORARL
Abuses by, to prevent — chap. 2, nth sess 593
CHAMPERTY.
To prevent and punish — chap. 18, nth sess 629
CHASE, WILLIAM.
Toll bridge, Hoosick river — chap. 59, i ith sess 727
CHARLOTTE PRECINCT.
Clinton and Washington erected from — chap. 1 5, 9th sess 194
Vol. 2. — 108
856 INDEX.
CHEESCOCKS, PATENT OF.
Wawa3randa boundary, amended — chap. 38, 9th sess 25^
CHEMUNG, TOWN OF.
Appropriation for expense of laying out — chap. 93, nth sess 834.
Erected — chap. 95, 1 1 th sess 846
CHURCHES.
Protestant Episcopal, corporation for relief of widows and children of clergy-
men — chap 34, loth sess 4.1 r
Trinity church, New York, name changed — chap. 66, nth sess. 776
Reformed Protestant Dutch, Caughnawaga, lands — chap. 73, loth sess 498
Flatbush, academy — chap. 54, 9th sess 300
incorporation of — chap. 01, i ith sess ^30
CITIES.
Albany, charter amended — chap. 63, loth sess 485
Bastard children, support of — chap. 14. nth sess 618
Hudson, incorporatea — chap. 83, 8th sess 1 54
Malicious miscnief in — chap. 66, loth sess 489
Poor, to support their own — chap. 62, i ith sess 731
CITIZENS.
Liberty of, to secure — chap. 39, loth sess. . . . : 424
Rights of, concemmg — chap, i, loth sess 344
See, also. Naturalization.
CLARK, THOMAS.
Relief of, lands at New Perth — chap. 73, 8th sess 139
CLAVARACK PRECINCT.
Hudson, city of, erected — chap. 83, 8th sess 1 54
CLERKS.
Fees of — chap. 71, 8th sess 1^4
Recording fees — chap. 71, 8th sess 137
See, also. Conveyances ; Courts.
CLERMONT, TOWN OF.
Erected — chap. 49, loth sess 455
CLINTON COUNTY.
Boundaries of — chap. 63, i ith sess 747
Courts and elections in — chap. 63, i ith sess 747
Towns in — chap. 64, i ith sess 760
CLINTON PRECINCT.
Erected, out o{ Charlotte and Rhy nbeck — chap. 1 5, 9th sess 194
CLOSE, BENJAMIN.
Relief of heirs of — chap. 93, loth sess., 559 ; chap. 95, i ith sess 845
COIN.
Copper, regulating circulation — chap. 97, loth sess 569
See, also, Counterfeiting.
COLDEN, CADWALLADER.
Estate of David Colden vested in — chap. loi, loth sess 579
COLLECTORS OF CUSTOMS.
New York and Sa^ Harbor — chap. 6, 8th sess 7
New York, salary increased —chap. 17, 8th sess 42
See, also, Trade and Commerce.
INDEX. 859
COLLECTORS OF TAXES.
Relief of — chap. 30^ 8th sess 61
Security to be given by — chap. 33, 9th sess 240
See, also, Assessment and Taxation.
COLLEGES.
Columbia, charter confirmed — chap. 82, loth sess 526
money advanced to — chap. 15, 8th sess 31
Incorporation of — chap. 82, loth sess 524
See, also, Education.
COLONIE.
Repairs of highway in — chap. 44, 9th sess 286
COLUMBIA COLLEGE.
Charter confirmed — chap. 82, loth sess 526
Treasurer to advance money to — chap. 1 5, 8th sess 31
COLUMBIA COUNTY.
Boundaries of — chap. 63. nth sess 746
Clermont, town of, erected out of manor of Livingston — chap. 49, loth sess. 455
Court-house and gaol, assessment for — chap. 74, i ith sess 797
Erected from Albany — chap. 28, 9th sess 234
Highways in, amended — chap. 95, loth sess 564
Loan of ;£2oo,ooo in 1786 — chap. 64, 9th sess 326
Towns in — chap. 64, i ith sess 756
COMBUSTIBLES.
New York city, storage of — chap. 43, 9th sess 285
COMMERCE.
See Trade and Commerce.
COMMISSIONERS OF FORFEITURES.
Eastern district, instructed — chap. 1 1, loth sess 364
Indemnification of — chap. 33, 8th sess 64
Office abolished — chap. 90, i ith sess 818
Speedy sales, amended — chap. 58, 9th sess 307
Western district, conveyances by — chap. 91, i ith sess 822
See, also. Forfeited Estates.
COMMISSIONERS OF SEQUESTRATION.
Indemnification of — chap. 33, 8th sess 64
COMMISSIONERS OF THE LAND OFFICE.
Board of, created — chap. 66, 8th sess., 114; chap. 67, 9th sess 334
Powers of, extended — chap. 89, nth sess 815
See, also, Lands.
COMMON PLEAS,
See Courts.
CONFISCATED ESTATES.
See Forfeited Estates.
CONGRESS OF THE UNITED STATES.
Acceding^ to requisition of — chap. 83, loth sess 531
Exportation and importation, may prohibit — chap. 56, 8th sess 102
Massachusetts boundary line — cnap. 28, 8th sess., 57 ; chap. 53, 9th sess 298
See, also. United States of America.
CONSPIRACY.
To prevent and punish — chap. 18, i ith sess , 629
8G0 INDEX,
CONSTABLES.
Delinciuents. to punish — chap. 20, 8th sess 47
Security to be given by — chap. 33, 9th sess 240
CONVEYANCES.
Acknowledgments, false personation in — chap. 21, i ith sess 634
Mortgages, recording of — chap. 45, i ith sess 690
Proof of, for recording — chap. 44, i ith sess 689
Recording fees of clerks — chap. 71, 8th sess 137
Registry of certain — chap. 45, loth sess 442
Tenants in tail, etc., by — chap. 12, 9th sess 191
See, also. Lands.
COPARCENY.
Partition of lands held in — chap. 8, nth sess 605
COPYRIGHT.
Providing for — chap. 54, 9th sess 298
CORONERS.
Act concerning — chap. 18, loth sess 386
Albany city, one coroner in — chap. 63, loth sess 484
Fees of — chap. 71. 8th sess 136
CORPORATIONS.
Associated Manufacturing Iron Company — chap. 51, 9th sess 295
Marine Society of New York city, name changed — chap. 66, 9th sess 334
Society of the Hospital, New York city, excise monies — chap. 48, nth sess. . 709
See, also. Churches.
COSTS.
General act — chap. 71, 8th sess 124
Laws relating to, reduced to one statute — chap. 14, loth sess 367
COUNSELLORS.
See Attorneys and Counsellors; Courts.
COUNTERFEITING.
A felony — chap. 88, 8th sess 168
To prevent and punish — chap. 20, nth sess 632
COUNTIES.
Act dividing State into — chap. 63, i ith sess 744
Arrears of taxes — chap. 74, loth sess. . . : 500
Columbia, erected from Albany — chap. 28, 9th sess 234
Contingent and necessary charges — cnap. 65, nth sess 769
Mortgages, cancellation of record — chap. 18, 8th sess 44
Towns, act dividing counties into — chap.. 64, i ith sess 748
COUNTY CLERKS.
See Clerks ; Conveyances ; Courts.
COURT- HOUSES.
See the various counties.
COURT OF CHANCERY.
See Courts.
COURT OF ERRORS.
Established — chap, i i,.8th sess 21
Fees of clerks — chap. 71, 8th sess 130
See, also. Courts.
COURT OF EXCHEQUER.
Established — chap. 9, 9th sess 185
See, also, Courts,
INDEX. 861
COURT OF PROBATES.
See Courts.
COURTS.
Absconding and absent debtors, relief against — chap. 24, 9th sess 207
Accounts, actions of, remedy by — chap. 4, nth sess 596
procedure — chap. 46, i ith sess 692
Actions and suits, limitations of — chap. 43, i ith sess 683
Administration, granting of — chap. 38, loth sess 4^9
Admiralty, to prevent encroachments of — chap. 24. loth sess 394
Alienations by life tenants — chap. 48, loth sess 4S^
Amendments, concerning — chap. 32, nth sess 646
of the law and advancement of justice — chap. 46, nth sess 692
Arrests, to prevent vexatious — chap. 26, loth sess 395
Assises, process, etc., in — chap. 50, loth sess 45^
Attornies and counsellors, act concerning — chap. 35, loth sess 412
relating to, repealed — chap. 29, 9th sess 237
Bailment of persons, act touching — chap. 31. loth sess 40$
Buggery, to punish — chap. 21, loth sess 391
Certiorari, writs of, to prevent abuses by — chap. 2, nth sess 593
Champerty, to prevent and punish — chap. 18, nth sess 629
Circuit courts, establishment of — chap. 41, 9th sess 273
Clinton county, terms, at Plattsburgh — chap. 63, nth sess 748
Collusion, to prevent recoveries by — chap. 48, loth sess 450
Common pleas, regulating courts of — chap. 10, loth sess 360
Coroners, act concerning — chap. 18, loth sess 386
Costs, general act regulating — chap. 71, 8th sess 124 ,
justices'— chap. 89, loth' sess 552 /
laws relating to, reduced to one statute — chap. 14, loth sess 367
Damages in writs of assise and real actions — chap. 3, loth sess 347
Death of persons, when absence deemed evidence of — chap. 10, nth sess 611
Debts due persons in enemv's lines, actions for — chap. 12, 8th sess 24
Delinquent jurors, constables and others, to punish — chap. 20, 8th sess 47
Descent, law of — chap. 12, 9th sess 191
Distress for rent, concerning — chap. 36, i ith sess 655
Divorces, trial and allowing of — chap. 69, loth sess 494
Dower, concerning — chap. 4, loth sess -347
Errors, for correction of — chap. 1 1, 8th sess 21
Essoins, delays by, to prevent — chap. 5, loth sess 350
Exchequer, estabfishea — chap. 9, 9th sess 185
Executions, delays of, to avoid — chap^ 3, i ith sess 595
sale of lands on — chap. 56, loth sess 467
Executors and administrators, concerning — chap. 19, loth sess 388
Extortion, to prevent— ' chap. 19, i ith sess 632
Fees of officers and ministers of justice — ^ chap. 71, 8th sess 124
Felons, apprehension of — chap. 20, loth sess 390
Felony, appeals of — chap. 30, loth sess 404
proceeding in case of — chap. 37, i ith sess 664
Fines, concerning — chap, 43, loth sess 433 .
Forcible entries and detainers, to prevent — chap. 6, nth sess 601
Frauds, statute of — -chap. 44, loth sess 438
Gaol delivery, courts of — chap. 38, i ith sess 672
General sessions of the peace, regulating* — chap. 10, loth sess 360
to prevent delays in — chap. 2, i ith sess 593
Habeas corpus, writs of— chap. 39, loth sess 424
Idiots, lunatics and infant trustees, concerning— chap. 12, nth sess 617
Impeachments, trial of — chap. 1 1, 8th sess 21
Inferior, acts supplementary — chap. 58, 8th sess 103
debts of value of ten pounds — chap. 89, loth sess 547
Informers, actions by — cnap. 9, i ith sess 608
Intestates' estates, settlement of — chap. 38, loth sess^ 419
Issues, trial of, regulating— chap. 41, 9th sess 273
862 INDEX.
Jeofails, act concerning — chap. 32, i ith sess 646
Jurors, impanelling of — chap. 41, 9th sess 273
Justices 01 the peace, concerning — chap. 8, loth sess 352
Lands, partition of — chap. 39, 8th sess 73
partition of, held in joint tenancy, etc. — chap. 8, i ith sess 605
recoveries of — chap. 43, loth sess 433
sale of, to pay deceaent's debts — chap. 27, 9th sess 230
Larceny, offenses under degree of grand — chap. 65, loth sess 485
Maintenance, to prevent — chap. lo, nth sess 629
Mandamus, writs of — chap. 11, nth sess 61 5
Minors and married women on whose lives estates depend, production of —
chap. 10, I Ith sess 61 1
Mortgage foreclosure, absconding mortgagor — chap. 27, 8th sess., 55; chap.
53, loth sess 4^
Murder, act concerning — chap. 22, loth sess 39'
New York city, terms of — chap. 40, 8th sess. 80
Outlawries, re^la;ting — chap. 9, loth sess 357
Oyer and termmer and gaol aelivery, concerning — chap. 38, nth sess 672
Penalties, fines and amerciaments, remission of certain — chap. 12, loth sess. . 364
Perjury, to prevent — chap. 17, i ith sess 627
Personal actions, process m — chap. 9, 10th sess 357
Pleadings in certain suits — chap. 27, loth sess 399
Prisoners breaking prison, jud^ent in case of — chap. 26, i ith sess 636
Privilege, preventing inconveniences from — chap. 34, i ith sess 651
Process, service and return of — chap. 32, loth sess 4^7
Procedure, reg^latinc^ — chap. 46, i ith sess 692
Promissory notes, refief on — chap. 33, i ith sess 650
Quakers, affirmation by — chap. 33, loth sess 4^0
Quo warranto, proceedings in — chap. 1 1, nth sess 61 5
Rape, to prevent and punish — chap. 23, loth sess 393
Records, stealing and avoiding of — chap. 22, 1 1 th sess 634
Replevin, actions of, delays and abuses — chap. 5, i ith sess 597
Reversions, grantees of, rights against lessees — chap. 7, nth sess 604
Slaves and negroes, jury trial in capital cases — chap. 68, 8th sess 122
Statute of frauds — chap. 44, loth sess. 438
Statute of limitations — chap. 43, i ith sess 683
Supreme, April term, 1786 — chap. 16, 9th sess 195
place ofholding terms — chap. 61, 8th sess 109
suits for less than ;£ 100 — chap. 72, loth sess 49^
Terms, various counties — chap. 30, 9th sess 237
Treason, act for punishing — cnap. 37, i ith sess 664
trials in case of — chap. 29, loth sess 401
Wager of law, trials by, abolished — chap. 5, loth sess 350
Washington county, terms of — chap. 37, 8th sess., 71 ; chap. 102, loth sess. . 588
Waste, to prevent — chap. 6, loth sess.. 350
Wills, proving of — chap. 27, 9th sess., 230 ; chap. 38, loth sess 419
statute concerning — chap. 47, loth sess 445
Witnesses, to compel attendance — chap. 17, nth sess 627
Writs of right, trials on — chap. 7, 9th sess 182
See, also. Felony ; Lands ; Police Laws ; the various counties.
CREDITORS.
Relief of, against heirs, devisees, etc. — chap. 27, 9th sess 230
See, also, Debts and Debtors.
CRIERS.
Fees of, supreme court — chap. 71, 8th sess 132
other courts — chap. 71, 8th sess 13^
CRIMINAL LAW.
See Courts; Felony; Police Laws.
CROWN POINT, TOWN OF.
Erected— chap. 18, 9th sess 196
INDEX. 84iS
CUMBERLAND COUNTY.
Boundaries of — cha^. 63, nth sess. 746
CUSTOM DUTIES.
See Tradb and Commxrcx.
D.
DEAN, JAMES.
Grant of lands to — chap. 67, 9th sess 340
DEAN, RICHARD.
Mortgage by, recording of — chap. 22, 8th sess 51
DEATH.
Absence of seven years deemed — chap. 10, i ith sess 61 1
DEBEAVOIS. JACOBUS.
Administrators of estate of, powers to — chap. 8, 8th sess 19
DEBEAVOIS, JOOST.
Sale of real estate of, decea^sed — chap. 26, 8th sess 54
DEBTS AND DEBTORS.
Absconding debtors, relief against — chap. 24, 9th sess., 207; chap. 54, loth
sess 466
Absconding mortgagors, amended — chap. 53, loth sess 466
Colony of New York, debts due to — cnap. 60, 8th sess., 106 ; chap. 76, 8th
sess 145
Creditors of estates, relief of — chap. 27, 9th sess 230
Enemies' lines, debts due to persons within, relating — chap. 12, 8th sess., 24;
chap. 94, loth sess 562
Insolvency, relief in cases of — chap. 92, i ith sess 823
Insolvent debtors, relief of, amended — chap. 14, 8th sess 27
relating to certain — chap. 87, 8th sess 167
relief with respect to imprisonment — chap. 22, 9th sess., 202 ; chap. 98,
loth sess 570
relief of, general act — chap. 34, 9th sess 242
relief o^ general act, repealed — chap. 29, x ith sess 639
further powers to assignees — chap. 67, loth sess 491
Van Derlocht, William, relief o^ and others — chap. 94, i ith sess 835
DEEDS.
Acknowledgment, proof of — chap. 45, loth sess. .1 442
See, also, Conveyances; Lands.
DEER.
See Game Laws.
DELANCEY, OLIVER.
Forfeited lands at New Perth — chap. 73, 8th sess 139
DELAPLAIN, SARAH ANN.
Estate vested in trustees — chap. 83, i ith sess 808
DENTON, JONAS.
Mine discovered by — chap. 13, 8th sess 26
DENTON, THOMAS.
Mortgage held by estate of — chap. 22, 8th sess 51
DESCENT,
iaw of — chap. 12, 9th sess 191
864 INDEX.
DE VIDAL. FRANCISO PABLO.
Conveyance to Dominick Lynch — chap. 102, loth sess. 585
DEVISEES.
See Heirs and Devisees.
DIGEST OF THE LAWS.
f^rovisions for — chap. 35, 9th sess 24.7
DISORDERLY PERSONS.
Apprehension and punishment of — chap. 31, i ith sess 643
DISTRESSES.
Act concerning — chap. 36, 1 ith sess 655
DIVORCES.
Mode of trial, and allowing of — chap. 69, loth sess 494
DOGS.
New York city, tax on — chap. 42, 8th sess 83
Richmond county, tax ott — chap. 11, 9th sess 189
DOWER.
Act concerning — chap. 4, loth sess. 347
DUANESBURGH, TOWN OF.
Erected — chap. 95, i ith sess 848
DUBOIS, PETER.
Forfeited lands at New Perth — chap. 73, 8th sess 139
DUTCHESS COUNTY.
Assessments, mode of — chap. 36. 9th sess 249
Boundaries of — chap. 63, i ith sess 746
Charlotte precinct, name changed to Washington — chap. 15, 9th sess 194
Clinton precinct erected from Charlotte and Rhynbeck — chap. 15. 9th sess. . 194
Court-house and gaol, tax for — chap. 67, 8th sess. 119; chap. 31, 9th sess. 238;
chap. 55. loth sess. 467 ; chap. 78, i ith sess 8oi
Tappan, Peter, indebtedness to — chap. 7S, 1 ith sess 801
Towns in — chap. 64, nth sess 75^
Ulster gaol, prisoners to be confined in — chap. 51, 8th sess 98
prisoners to be removed from — chap. 17, loth sess 385
DUTIES, CUSTOMS.
See Trade and Commerce
E.
EDMESTON. ROBERT.
Nuturalized — chap, i, nth sess 592
EDUCATION.
Flatbush, academy at — chap. 54. 9th sess 300
Regents of university established — chap. 15. 8th sess. 30; chap. 82, loth sess. 524
ELECTIONS.
Albany city — chap^ 63, loth sess 484
Caughnawaga district — chap. 7, loth sess 352
Clinton county — chap. 63, i ith sess 747
Free, to be — chap, i, loth sess . . , 345
(General act — chap. 1 5, loth sess 371
New York city — chap. 42, loth sess ' 431
Town meetings — chap. 16, loth sess. 384 ; chap. 64, i ith sess. . . .* 762
INDEX. 865
ENEMIES.
Persons adhering to, prosecutions stayed — chap. lo, 8th sess 20
Persons within lines, debts due to. (See Debts and Debtors.)
ENROLLMENT AND DRAFT.
Troops for United States army — chap. 82, 8th sess 153
ENTAILS. I
Abolished — chap. 12, 9th sess 191
ERRORS, COURT OF.
See Court OF Errors; Courts.
ESSOIN.
Delays by, to prevent — chap. 5, lotn sess 350
ESTATES CONFISCATED.
See Forfeited Estates.
ESTATES FORFEITED.
See Forfeited Estates.
EVANS, CHARLES JOHN.
Conveyance to, by William Walton, etc., and partition of lands of Bradstreet
heirs — chap. 65, 9th sess. 326 ; chap. 96, lotn sess 566
EXCISE.
Liquors, license to sell, and regulating inns and taverns — chap. 48, nth sess. 707
exclusive; RIGHTS.
See Monopolies.
EXECUTIONS.
Delays, to avoid — chap. 3, nth sess *. 595
See, also, Courts.
EXECUTORS AND ADMINISTRATORS.
Act concerning — chap. 19, loth sess 388
Creditors, relief of — cnap. 27, 9th sess ; 230
Dower, concerning — chap. 4, loth sess 347
Estates, settlement of, proving wills, etc. — chap. 38, loth sess 419
Waste, to prevent — chap. 6, loth sess 350
EXPORTATIONS.
Beef and pork, inspection of — chap. 55, i ith sess • 719
Butter and lard, inspection of — chap. 53, i ith sess 717
Congress may prohibit — chap. 56, 8th sess 102
Flax seed and lumber, inspection of — chap. 50. i ith sess 714
Flour, inspection of — chap. 35, 8th sess. 06; chap. 58, nth sess 725
Staves and heading, culling of — chap. 56, i ith sess 723
See, also, Trade and Commerce.
EXTORTION.
Public officers, to prevent and punish — chap. 19, nth sess. 632
K.
FALSE PRETENCES.
New York city, ©btaining goods by —chap. 47, 8th sess 93
Trial and punishment for — chap. 65, loth sess 485
FEES.
General act — chap. 71, 8th sess 124
Land office — chap. 67, 9th sess 340
Vol, 2. — X09
866 INDEX.
FELONY.
Appeals of — chap. 30, loth sess , 404
Bigamy — chap. 24, i ith sess 635
Buggery — chap. 21, loth sess 391
Counterfeiting certificates and specie — chap. 88, 8th sess 168
False personation in acknowldgements — chap. 21, nth sess 634
Felons, apprehension of — chap. 20, loth sess 390
Forgery and counterfeiting — chap. 20, i ith sess ; 632
Malicious maiming and wounding — chap. 2$, i ith sess 636
Murder — chap. 22, loth sess 391
Perjury — chap. 17, i ith sess 627
Proceedinc^s m case of, regulated — chap. 37, i ith sess 664
Rapes — chap. 23, loth sess 393
Records, stealing and avoiding of — chap. 22, i ith sess 634
Servant, embezzlement by — chap. 23, i ith sess 635
See, also, Courts; Police Laws.
FENCES.
Divison, relative to — chap. 64, nth sess 767
FERRIES. •
East river, Oyster Bay and New Rochelle — chap. 46, 8th sess 91
Westchester and Flushing — chap. 72, 8th sess 138
FINES AND FORFEITURES.
Court of exchequer — chap. 9. 9th sess 18$
Payment of, to enforce — chap. 6, 8th sess 31
Remission of certain — chap. 12, loth sess 564
FIREWORKS.
New Year's day, prohibited — chap. 81, 8th sess 152
New York city, aischarging of — chap. 43, 9th sess 285
FISH.
See Game Laws.
FITCH, JOHN.
Steamboat monopoly gpranted to — chap. 57, loth sess 472
FLATBUSH, TOWN OF.
Reformed Protestant Dutch Church may gprant lands for an academy — chap.
54, 9th sess 300
FLAX SEED.
Regulating exportation of *-chap. 50, i ith sess 714
FLOUR.
Exportation of, regulating — chap. 35, 8th sess., 66; chap. 58, nth sess 72$
FLOYD, DAVID RICHARD.
Simame changed to Floyd-Jones — chap. 75, nth sess 798
FLUSHING, TOWN OF.
Ferry to Westchester— chap. 72, 8th sess 138
FORCIBLE ENTRIES AND DETAINERS.
To prevent — chap. 6, i ith sess 601
FORFEITED ESTATES.
Ba)rard, William — chap. 48, 8th sess , 94
Claims arising out of sales of — chap. 66^ 9th sess. •• 32S
Close, Benjamia — chap. 93, loth sess 5$9
Colden, David — chap. loi, loth sess .' 579
Commissioners, eastern district — chap. 11, loth sess
office abolished — chap. 90, 1 ith sess •....•
INDEX, 867
Conve3rances to divers persons — chap. 102, loth sess ^87
western district — chap. 91, i ith sess 822
De Lancey, Oliver — chap. 73, 8th sess 139
Dubois, Peter — chap. 73, 8th sess , . . . 139
Fowler, Jonathan — chap. 93, loth sess 558
Johnston, William — chap. 93, loth sess 561
Judgment bonds on — chap. 73, loth sess 498
Kettle, Andries — chap. 93, loth sess 561
Lamb, James — chap. 93, loth sess . 561
New Perth, lands at — chap. 73, 8th sess 139
Prosecutions dismissed — chap. 10, 8th sess 20
Quit rents, commutation of — chap. 23, 9th sess 203
Relating to various — chap. 95, i ith sess 837
Sales o^ providing for — chap. 49, 8th sess., 95; chap. 58, 9th sess., 307; chap.
73, loth sess 498
Seaman, Adam and Israel — chap. 102, loth sess J8i
Surveyor-general, to sell lands — cbap. 90, i ith sess 818
Watts, John — chap. 102, loth sess •. 584
FORFEITURES.
See Penalties.
FORGERY.
To prevent and punish — chap. 20, nth sess 632
FORT EDWARD, VILLAGE OF.
Washington county courts to be held at — chap. 102, loth sess 588
FOWLER, THEODOSIUS.
Relief of — chap. 93, loth sess 558
FOXHALL, MANOR OF.
Annexed to Kmgston — chap. 49, loth sess .455
FRAUD.
False pretences — chap. 47, 8th sess., 93 ; chap. 65, loth sess 485
Statute of frauds — chap. 44, 10th sess 438
a.
GAME LAWS.
Deer and heath hens — chap. 31. 8th sess 62
Deer, to prevent destruction of — chap. 82, nth sess 807
Suffolk county, fish — chap. 39, 9th sess., 252; chap. 27, i ith sess 637
GAMING.
To prevent deceitful and excessive — chap. 35, i ith sess 652
GAOL DELIVERY.
Act concerning courts of — chap. 38, i ith sess 672
GAOLS.
See the various counties.
GENERAL SESSIONS OF THE PEACE.
See Courts.
.GLOUCESTER COUNTY.
Boundaries of— chap. 63, nth sess 747
GOSHEN, TOWN OF.
Court-house jrard at— chap. 46, 9th sess 290
Drainage, advertisement ot — chap. 102, loth sess 590
GOSLINE, JOHN.
Relief of— chap. 70^ loth sess .^ 49S
868 INDEX.
GOVERNOR.
Election of — chap, 1 5, loth sess 371
Oath of — chap. 28, 1 ith sess 637
Purveyance abolished — chap. 2, loth sess 346
GRAND ASSISE.
Trials of writs of right — chap. 7, 9th sess 182
See, also. Courts.
GRANTS.
See Lands.
GRANVILLE, TOWN OF.
Erected — chap. 18, 9th session 196
GREAT BRITAIN.
Acts repugnant to treaty with, repealed — chap. 41, i ith sess 679
Laws not to operate after May i, 1788 — chap. 46, i ith sess 705
GRIFFEN, JOHN.
Pardoned of a murder — chap. 3, 9th sess ; 180
GUEST, JOHN.
Mortgage to John Carpenter — chap, 74, 8th sess ••••••••.. 141
HABEAS CORPUS.
Writs of— chap. 39, loth sess 424
HAMPTON. TOWN OF.
Erected — chap. 18, 9th sess 196
HARPERSFIELD. TOWN OF.
Erected — chap. 102, loth sess 588
^ HAWKERS AND PEDLARS.
To restrain — chap. 54, 8th sess loc^
HAY, UDNY.
See State Agent.
HEADING.
Culling o^ for exportation —chap. 56, i ith sess •»•.. 723
HEATH HENS.
See Game Laws.
HEBRON, TOWN OF.
Erected — chap. 18, 9th sess 196
HEIRS AND DEVISEES.
Descent, lawof — chap. 12, nth sess 191
Relief of creditors against — chap. 27, 9th sess 230
See, also, Courts; Executors and Administrators.
HEMP.
Bounty on — chap. 68, 8th sess., 120; chap. 54, nth sess 718
HEMPSTED, ROBERT.
Estate vested in trustees — chap. 62, 9th sess 33a
HERTENBURGH, RAM
Mortgage to, recording of-- chs^). 74, 8th sess ^l
INDEX. 869
HICKS, THOMAS.
Forfeited estate o£ concerning — chap. loo, loth sess 578
HIGGINBOTTOM, NILES.
Mine discovered by — chap. 36, 8th sess ^ 70
HIGHWAYS.
Colonie — chap 44, 9th sess 286
General act amended — chap. 38, 8th sess., 72 ; chap. 95, loth sess 564
New York city — chap. 61, loth sess., 480 ; chap. 88, loth sess 543
Richmond county — chap. 78, 8th sess 146
Southampton — chap. 24, 8th sess 53
HOOSICK RIVER.
Toll bridge, built by William Chase — chap. 59, 1 1 th sess 727
HUDSON, CITY OF.
Excise commissioners in — chap. 48, i ith sess 707
Incorporation of — chap. 83, 8tn sess 1 54
Malicious mischief in — chap. 66, loth sess 489
Poor, settlement and relief of — chap. 62, i ith sess 731
HUDSON RIVER.
Navigation of, to improve — chap. 84, loth sess 533
HUNT, DAVID.
Relief of executors — chap. 64, 8th sess 112
HUNT, JESSE.
Relief of — chap. 87, loth sess 542
HUSBANDS.
Bigamy, to prevent -chap, 24, nth sess 635
I.
IDIOTS.
Act concerning — chap. 12, i ith sess 617
IMMORALITY.
Act to suppress — chap. 42, nth sess 679
IMPEACHMENT.
Co«rt for trial of — chap. 11, 8th sess 21
IMPORTATIONS.
Congress may lay duty on, to pay war debt — chap. 61, 9th sess 320
may prohibit — chap. 56, 8th sess 102
Cordage, additional duty on — chap. 68, 8th sess . . 120
Duties laid on — chap. 7, 8th sess., 11 ; chap. 34, 8th sess., 65; chap. 76, 8th
sess., 145 ; chap. 81, loth sess., 509; chap. 72, nth sess 786
Relief, in certain cases — chap. 72, i ith sess 786
See, also. Trade and Commerce.
IMPRISONMENT.
Habeas corpus act — chap. 39, loth sess 424
Insolvent debtors. (See Debts and Debtors.)
INDIAN AFFAIRS.
Appropriation — chap. 102, loth sess., 589; chap. 47, i ith sess 70$
to purchase lands — chap. 17, 8th sess 42
Commissioners to make treaties — chap. 47, i ith sess 705
Indian oflScers, accounts of — chap. 25, 8th sess 54
Land contracts with Indians prohibited — chap. 8$, i ith sess 810
Lands of, locations on — chap. 67, 9th sess 337
870 INDEX.
INFANT TRUSTEES.
Act concerning — chap. 12, nth sess 617
INFORMERS.
Mahcious information, to suppress -^ chap. 9, i ith sess 608
INHABITANTS.
Census of 1786 — chap. 8, 9th sess 184
INNS.
Regulating — chap. 48, nth sess 707
INSOLVENT DEBTORS.
See Debts and Debtors.
INTEREST.
Usury, to prevent, and fixing rate of— chap. 13, loth sess 365
INTOXICATION.
Punishment for — chap. 42, nth sess 679
IRON.
Manufacture o^ to promote — chap. 51, 9th sess • • • . 295
J-
jAiLa
See the vanous counties.
JEOFAILS.
Amendments and^ act concerning — chap. 32, nth sess 646
JOHNSTOWN, VILLAGE OF.
Election to be held at — chap. 7, loth sess • • . 35*
JOINT TENANTS.
Convejrances by — chap. 12, 9th sess 191
Partition of lands — chap. 8, nth sess 605
JUDGES AND JUSTICES.
See Courts.
JURORS.
Delinquent, to punish — chap. 20, 8th sess. 47
Fees of— chap. 71, 8th sess 136
Impaneling of^— chap. 41, 9th sess 273
See, also. Courts,
JUSTICES OF THE PEACE.
Act concerning — chap. 8, loth sess 352
Civil jurisdiction of — chap. 89, loth sess 547
See, also, Courts,
KEIRE, TEUNIS.
Pardoned of a murder — chap. 3, 8th sess 3
KETTLE, CATHARINE.
Relief of — chap. 93. loth sess 561
KINGSBURY, TOWN OF.
Erected — chap. 1 8, 9th sess 196
INDEX. 871
KINGS COUNTY.
Boundaries of — chap. 63, nth sess 746
Brooklyn, town of. fire department — chap. 80, i ith sess 804
Flatbush, Reformed Protestant Dutch Church, academy — chap. 54, 9th sess. 300
Towns in — chap. 64, i ith sess 749
KINGSTON, TOWN OF.
Foxhall, manor of, annexed to — chap. 49, loth sess. ... 455
KIRKLAND, SAMUEL.
Grant of lands to — chap. 67^ 9th sess 340
KLOCK, GEORGE.
May locate lands in Montgomery county — chap. 67, 9th sess 341
LAMB. JAMES.
Relief of heirs of — chap. 93, loth sess 561
LAND BOARD.
See Commissioners of the Land Office.
LAND OFFICE.
See Commissioners of the Land Office.
LANDS,
Acre defined — chap. 13, nth sess 618
Bradstreet. heirs of^John and Martha, grant to — chap. 65, 9th sess. 326; chap.
96, loth sess 566
Church, Col. Timothy, and others, grant to — chap. 67, 9th sess 338
Collusion, to prevent recoveries by — chap. 48, loth sess 450
Commissioners of land office, powers extended — chap. 89, nth sess 815
Conveyances, acknowledgment and registry of — chap. 4j, loth sess 442
acknowledgment of, false personation — chap. 21, i itn sess 634
by joint tenants, etc. — chap. 12, 9th sess 191
proof of. to be recorded — chap. 44, i ith sess 689
Descent, law of — chap. 12, 9th sess 191
DeVidal, Francisco Pablo, conveyance by, legalized —chap. 102, loth sess. . . 585
Distress for rent —chap. 36, i ith sess 655
Dower, concerning — chap. 4, loth sess 347
Entails abolished — chap. 12, 9th sess 191
Execution, sales of land on — chap. 56, loth sess 467
Fines and recoveries — chap. 43, loth sess 433
Forcible entries and detainers — chap. 6, i ith sess 601
Grants, adverse claims for — chap. 89, i ith sess 815
Hazen, Colonel Moses, allowance to regiment of — chap. 93, loth sess 562
Indians, land contracts void — chap. 85, i ith sess 810
Lessees, relief of, driven away during war — chap. 59, 8th sess 105
rights of grantees of reversions — chap. 7, nth sess 604
Life estates, when absence deemed evidence of death —chap. 10, nth sess. . . 611
Life tenants, to prevent alienations by — chap. 48, loth sess 450
Mortgages, to prevent frauds and secure title to purchasers — chap. 45, nth
sess 690
New Paltz patent, partition of — chap. 45, 8th sess 86
New Perth, relative to lands at — chap. 73, 8th sess 139
New Stamford, partition of lands at — chap. 102, loth sess 586
Oneida purchase, partition of — chap. 78, loth sess 506
Partition of, general act — chap. 39, 8th sess 73
joint tenancjr, tenancy in common and coparceny —chap. 8, nth sess. . . . 605
Patents, transcribing of records of — chap. 1 3, 9th sess 193
Private claims for grants — chap. 95, i itn sess 837
872 INDEX
Quit rents, collection and commutation of — chap. 23, 9th sess., 203; chap. 76,
loth sess., 502 ; chap. 39, nth sess 675
Reversions, grantees of, certain rights of, respecting leases — chap. 7, i ith sess. 604
Sales of, to pay decedent's debts — chap. 27, 9th sess 230
Steuben, Baron, grant of lands to — chap. 67. 9th sess 341
Surveyal of, after sale by State — chap. 103, loth sess 591
Tenants, distress for rent — chap. 36, nth sess 655
Tenures, act concerning — chap. 36, loth sess 4^5
Unappropriated and waste, sale of — chap. 66, 8th sess., 1 14 ; chap. 67, 9th sess. 334
intrusions on — chap. 85, i ith sess 810
Upton, Francis, quit rents — chap. 84, i ith sess , 809
Uses," act concerning - chap. 37, loth sess 4'6
Vermont settlers, grants to — chap. 89, nth sess 815
Waste and unappropriated, sale ot — chap. 66, 8th sess. n4; chap. 67^ 9th sess. 334
Wills of real estate, proof of — chap. 27, 9th sess 230
See, also, Courts ; Forfeited Estates.
LANSING, JACOB JOHN.
Audit of accounts of — chap. 37, 9th sess 249
LARD.
Inspection of, for exportation — chap. 53, i ith sess 7^7
LAWS.
Revision and digesting of — chap. 35. 9th sess 247
LEARMAN, PETER.
Mine discovered by — chap. 13, 8th sess 26
LEASES AND LESSEES.
See Lands ; Tenants.
LEGISLATURE.
Assembly, election of — chap. 1 5, loth sess 371
Meetings, when and where — chap. 14, 9th sess 194
Oaths of members — chap. 28, i ith sess 637
Privilege, to prevent inconveniences —chap. 34, nth sess 651
Senators, election of — chap. 1 5, loth sess 371
LIEUTENANT-GOVERNOR.
Election of, regulating — chap. 1 5, loth sess 371
LIQUORS.
License for sale of — chap. 48, nth sess 707
LIMITATIONS, STATUTE OF.
Criminal and civil actions — chap. 43, i ith sess 683
LITERATURE.
Copyrights, providing for — chap. 54, 9th sess 298
LIVINGSTON, MANOR OF.
Clermont, town of, erected from —chap. 49, loth sess 455
LIVINGSTON, PHILIP.
Estate vested in trustees — chap. 21, 8th sess 4^
LOAN OFFICERS.
Loans made by Colony of New York — chap. 60, 8th sess. 106 ; chap. 76, 8th
sess 145
Loan of ;£ 200,000 in bills of credit — chap. 40, 9th sess 253
See, also, Public Loans and Public Moneys.
LOTT, ABRAHAM.
Accounts of, as Colonial treasurer — chap. 70, 8th sess 123
Discharged from arrest on execution — chap. 40, loth sess 43©
INDEX. 873
LUMBER.
Inspection of, for exportation — chap. 50, i ith sess. 714
LUNATICS.
Act concerning — chap. 12, nth sess 617
LUSH, RICHARD.
Audit of accounts of — chap. 37, 9th sess. 249
LYNCH, DOMINICK.
Conveyance by Francisco Pablo DeVidal to — chap. 102, loth sess 585
Natuialized — chap. 6, 9th sess........ 182
M.
MAINTENANCE.
To prevent and publish — chap. 18, i ith sess 629
MAITLAND, RICHARD.
Estate vested in trustees — chap. 8$, loth sess., 555; chap. 51, nth sess 716
MALICIOUS MISCHIEF.
Punishment of, in certain cities — chap. 66, loth sess 489
MANDAMUS.
Proceedings on writs of — chap. 11, nth sess 615
MANUFACTURES.
Associated Manufacturing Iron Company — chap. 51, 9th sess. 295
MARINE SOCIETY OF THE CITY OF NEW YORK.
Change of name — chap. 66, 9th sess 334
MASSACHUSETTS.
Agents to indicate rights of New York State, supplementary — chap. 49, 9th
sess 293
Boundary line, to complete running of — chap. 46, loth sess 443
Commissioners to complete running of boundary line — chap. 2, 8th sess 2
Congress may appoint commissioners to run line — chap. 28, 8th sess., 57;
chap, 53, 9th sess., 298 ; chap. 79, loth sess 507
MASTER IN CHANCERY.
Fees of — chap. 71, 8th sess 124
MAYHEM.
Act to prevent— chap. 25, nth sess 636
MAYOR'S COURTS.
See Courts.
MEAL.
Inspection of, for exportation — chap. 58, i ith sess , 725
MERSEREAU. JOSHUA.
Lands granted to — chap. 25, ipth sess 395
MICHEAU, BENJAMIN.
Relief of — chap. 52, nth sess 716
MILE STONES.
Defacingof— chap. 88, nth sess 814
MILITARY AFFAIRS.
Accounts, auditing of — chap. 17, 8th sess 40
Billeting of troops prohibited — chap, i, loth sess 345
Depreciation of pay (hospital and prisoners), repealed — chap. 102, loth sess.. 585
You a. — no
874 INDEX.
Indian officers, accounts of — chap. 25, 8th sess 54
Levies and militia, pay, appealed — chap. 102, loth sess 585
Militia, acts regulating — chap. 25, 9th sess., 220 ; chap. 92, loth sess: 555
may be called out at time of holding Indian treaties — chap. 47, nth sess. 705
removal of intruders on lands — chap. 85, i ith sess 810
Pensions to disabled soldiers and seamen — chap. 42, 9th sess 28a
Rutgers, Henry, and others, accounts of — chap. 37, 9th sess 249
State agent, account of, and claims against — cnap. 80, 8th sess 147
United States army, troops for — chap. 82, 8th sess 153
War claims, payment of certain — chap. 90, 8th sess., 170; chap. 66, 9th sess.,
328; chap. 102, loth sess., 584; chap. 95, nth sess 837
MINES.
Denton, Jonas, exempted from State claim — chap. 13, 8th sess 26
Piatt, Daniel and Benjamin, exempted from State claim — chap. 36, 8th sess . 70
Shoub, Ludwig, and Peter Learman, from State claims — chap. 13, 8th sess. . . 26
Smeed, Samuel, and Niles Higgen bottom, from State claims — chap. 36, Sth
sess 70
MISPRISION OF TREASON.
See Treason.
MOKE, GERARDUS.
Pension to — chap. 17, 8th sess 41
MONOPOLIES.
Copyright, providing for — chap. 54, 9th sess 298
Fitcn, John, steamboat — chap. 57, loth sess 472
Van Wyck, Isaac, stage route — chap. 52, 8th sess 99
MONTGOMERY COUNTY.
Boundaries of — chap. 63, i ith sess 747
Caughnawaga district, elections in — chap, 7, loth sess 352
Chemung, town of, erected — chap. 95, nth sess 846
Harpersneld, town of, erected — cnap. 102, loth sess 588
Highways, amended — chap. 95, loth sess. . . , . . 564
Poor and contingent charges, repealed — chap. 56, 9th sess. . 305
Towns in — chap. 64, nth sess.. 761
MONTGOxMERY, GENERAL.
Appropriation for monument — chap. 99, loth sess., 574; chap. 93, nth sess.. 834
MOORE, BENJAMIN.
Estate vested in trustees — chap. 50^ Sth sess., 96 ; chap. 2, 9th sess 1 79
MORTGAGES.
Carpenter, John, recording of. held by — chap. 74, 8th sess 141
Colony of New York, loans by — chap. 60, 8tn sess 106
Denton, Thomas, recording of, held by estate of — chap. 22, 8th sess 51
Foreclosure, absconding mortgagor — chap. 27,8th sess., 55; chap. 53, loth
sess 466
Frauds by mortgagees, to prevent, and to secure title to purchasers — chap.
45, I itn sess 690
Hertenburgh, Ram, recording of, held by — chap. 74, 8th sess 141
Record of certain, to be cancelled — chap. 18, 8tn sess 44
MURDER.
Act concerning — chap. 22, loth sess 391
Appeals of — chap. 30, loth sess ♦ , , , 404
See, alsoi Fblony,
INDEX. 875
N.
NAMES CHANGED.
Corporation for Relief of Widows and Children of Clergymen of the Protestant
Episcopal Church — chap. 34, loth sess 41 1
Floyd, David Richard, sirname to Floyd Jones — chap. 75, nth sess 798
Marine Society of the City ot New York —chap. 66, 9th sess 334
Trinity Churcn, New York city — chap. 66, iitn sess 776
Washington precinct^ from Charlotte — chap. 1$, 9th sess 194
NATURALIZATION.
Edmeston, Robert — chap, i, i ith sess i 592
Lynch, Dominick — chap. 6, 9th sess 182
Persons named — chap. 79, 8th sess., 146; chap. 47, 9th sess., 290; chap. 91,
loth sess., 556; chap. 87, nth sess 813
NAVIGATION.
Hudson river, to improve — chap. 84, loth sess 533
Steamboats, monopoly o^ to John Fitch — chap. 57, loth sess 472
NEGROES.
Selling of, as slaves, prohibited — chap. 68, 8th sess 121
Slaves, general act — chap. 40, nth sess 675
NEW PALTZ PATENT.
Partition of — chap. 45, 8th sess 86
NEW PERTH.
Lands sit, relating to — chap. 73, 8th sess 139
NEW ROCHELLE, TOWN OF.
Ferry to Oysterbay — chap. 46, 8th sess 91
NEW STAMFORD, TOWN OF.
Partition of lands — chap. 102, loth sess 586
NEWTOWN, TOWN OF.
Arrears of taxes and relief of collector — chap. 70, loth sess 495
Drainage of lands in — chap. 45, 9th sess 288
NEW YEAR'S DAT.
Fireworks prohibited on — chap. 81, 8th sess 152
NEW YORK CITY.
Appropriation to, for water lots — chap. 102, loth sess 589
Associated Manufacturing Iron Company — chap. 51, 9th sess 295
Boundaries of — chap. 63, nth sess 745
Buildings, relative to — chap, i, 9th sess 179
streets, wharves and slips — chap. 88, loth sess 543
Chatham, Earl of, relative to statute of — chap. 57, i ith sess 725
Combustibles, storing of, and discharge of fireworks — chap. 43, 9th sess 285
Commissioners of the alms-house and bridewell — chap. 62, i ith sess 743
Courts, relative to — chap. 40, 8th sess i 80
Dogs, tax on — chap. 42, 8th sess 83
Election of charter officers — chap. 42, loth sess 431
Excise commissioner of — chap. 47, i ith sess 707
False pretences, obtaining goods by — chap. 47, 8th sess 93
Fires, and buildings, colonial acts repealed — chap. 90, loth sess. 555
more effectual prevention of — cnap. 43, 9th sess , 285
better extinguishing of — chap. 58, loth sess , 473
Gunpowder, storage of — chap. 81, i ith sess 805
Hospital, Society of the, excise monies — chap. 48, nth sess 709
Malicious mischief in — chap. 66, loth sess 489
Marine Society, name changed — chap. 66, 9th sess 334
876 INDEX.
Petty oflfenses, punishment of — chap. 40, 8th sess 80
Taxes, arrears of — chap. 86, loth sess 539
assessment and collection of — chap. 40, 8th sess., 80; chap. 62, loth sess.,
482 ; chap. 67, I ith sess. 776
contingent and poor — chap. 84, 8th sess., 163; chap. 26, 9th sess., 229;
chap. 68, 10th sess., 492 ; chap. 68, 1 ith sess 782
Stage route to Albany — chap. 52, 8th sess 99
Streets and roads, to regulate — chan. 61, loth sess 480
in burnt district, altering of — chap. 50, 9th sess., 294; chap, 75, loth sess. 501
Trinity Church, name changed — chap. 66, i ith sess 779
Wells and pumps, preservation of — cnap. 59, loth sess 475
NEW YORK, PORT OF.
Custom house — chap. 6, 8th sess 7
Tonnage, duty on, act continued — chap. 5, 9th sess i8i
See, also, Trade and Commerce.
NICOLL, WILLIAM.
Relief of — chap, 60, 9th sess 318
NOBLE, ARTHUR.
Land grant to — chap. 25, loth sess , ,,, 394
NORTH EAST, PRECINCT OF.
Relief of tax-payers — chap. 102, loth sess , 583
NORTH HEMPSTEAD, TOWN OF.
Court-house at — chap. 44, 8th sess 84
o.
OATHS.
Public officers, required of — chap. 28, i ith sess 637
Quakers may affirm — chap. 33, loth sess 410
OFFICE.
See Public Office.
ONEIDA PURCHASE.
Partition of lands in — chap. 78, loth session 506
ORANGE COUNTY.
Boundaries of — chap. 63, nth sess 746
Courts, terms of — cnap. 30, 9th sess 237
Goshen, court-house yard at — chap. 46, 9th sess 290
drainage of lands in — chap. 102, loth sess . . 590
Poor and contingent charges repealed — chap. 56, 9th sess 305
Poor in Goshen, Warwick, Mmisink and New Cornwall — chap. 64, nth sess. 762
Towns in — chap. 64. nth sess 753
Wawa)randa and Cheescocks, boundary line — chap. 38, 9th sess 250
OUTLAWRY.
Proceedings for — chap. 9. loth sess 357
Treason — chap. 29, loth sess 403
OVERSLAGH.
Hudson river, obstructions at — chap. 84, loth sess 533
OYER AND TERMINER.
Act concerning courts of — chap. 38, i ith sess 672
OYSTERBAY, TOWN OF.
Ferry to New Rochelle — chap. 46, 8th sess ^i
INDEX. 877
p.
PARDONS.
Casey, Teunis, alias Keire, ol murder — chap. 3, 8th sess 3
Griflfen, John, of murder — chap. 3, 9th sess 180
PARTITION OF LANDS.
Bradstreet heirs, lands on Delaware river — chap. 65. 9th sess. 326; chap. 96,
loth sess 566
Coparceny, joint tenancy and tenancy in common — chap. 8, nth sess 605
General act — chap. 39, 8th sess 73
New Paltz patent — chap. 45, 8th sess 86
New Stamford, lands at — chap. 102, 10th sess 586
Oneida purchase — chap. 78, loth sess 506
PATENTS.
Records of, secretary s office — chap. 13, 9th sess 194
See, also, Lands.
PEDDLERS.
To restrain — chap. 54, 8th sess. 100
PENALTIES.
Remission of certain — chap. 12, loth sess 364
PENNSYLVANIA.
Boundary line, running of — chap. 29, 8th sess., 60; chap. 103, loth sess 590
expenses — chap. 93, i ith sess 833
PENSIONS.
General act providing for — chap 42, 9th sess 282
Moke. Gerardus — chap. 17, 8th sess 41
Rice, John — chap. 17, 8th sess 41
Wendell, David — chap. 17, 8th sess 41
PERJURY.
To prevent and punish — chap. 17, i ith sess 627
PERSONAL ACTIONS.
Process in — chap. 9, loth sess 357
PERSONAL RIGHTS.
Purveyance abolished — chap. 2. loth sess 346
Secured to citizens — chap, i, loth sess 344
PERSONS.
Apprentices and servants — chap. 15, i ith sess 620
Bailment, act touching — chap. 31, loth sess 405
Death beyond sea. discovery of— chap. 10, i ith sess 611
Idiots and lunatics — chap. 12, i ith ses§ 617
Slaves, act concerning — chap. 40, i ith sess 675
PETIT LARCENY.
Trial and punishment — chap. 65, loth sess 485
PLATT, DANIEL AND BENJAMIN.
Mine discovered by — chap. 36, 8th sess 70
PLATTSBURGH, TOWN OF.
Clinton county courts at — chap. 63, i ith sess 748
Districts annexed to — chap. 18, 9th sess 198
Erected — chap. 57, 8th sess 103
North boundary of — chap. 55, 9th sess 300
878 INDEX.
PLEADINGS.
Certain actions, for the more easy pleading in — chap. 27, loth sess 399
POLICE LAWS.
Arrest, to prevent vexatious — chap. 26, loth sess 395
Bastards, support of — chap. 14, i ith sess 618
Buggery, punishment of — chap. 21, loth sess 391
Common mformers, to prevent disorders by, and malicious informations —
chap. 9, nth sess 608
Coroners, act concerning — chap. 18, loth sess 386
Counterfeiting certificates and specie — chap. 88, 8th sess 168
Disorderly persons, who are — chap. 31, i itn sess 643
Excise, regulating inns and taverns — chap. 48, i ith sess. 707
Felons, apprehension of— chap. 20, loth sess 390
Fireworks on New Year's day, to prohibit — chap. 81, 8th sess 152
Forgery and counterfeiting, to prevent — chap. 20, i ith sess 632
Gaming, to prevent excessive — chap. 35, i ith sess. 652
Hawkers and pedlars — chap. 54, 8th sess 100
Immorality, act to suppress — chap. 42, nth sess 679
Justices of the peace, criminal junsdiction — chap. 8, loth sess 3J2
Malicious mischief, in certain cities — chap. 66, loth sess 489
Mile stones, defacing of — chap. 88, iith sess 814
Murder, act concerning — chap. 22, loth sess 391
New York city, combustibles, storing of, etc. — chap. 43, 9th sess 285
false pretences — chap. 47, 8th sess 93
gun powder, storage of — chap. 81, i ith sess 805
petty offences — chap. 40, 8th sess 80
Perjury, to prevent and punish — chap. 17, i ith sess 627
Petit larceny and false pretences — chap. 65, loth sess 485
Poor, settlement and relief of — chap. 02, i ith sess 731
Rape, concerning — chap. 23, loth sess., 393; chap, 30, loth sess 404
Slaves, act concerning — chap. 40^ nth sess 675
Servants, embezzlement by — chap. 23, i ith sess 635
Statute of limitations — chap. 4^, 1 ith sess 683
Treasons and felonies, to punish — chap. 37, i ith sess 664
Woods, firing of, to prevent — chap. 71, i ith sess 785
Wrecks, concerning — chap. 28, loth sess 400
&5e, also. Courts ; Felonies.
POOR LAWS.
Settlement and relief of the poor — chap. 62, nth sess 731
PORK.
Inspection of, for exportation — chap. 55, i ith sess 719
PORT OF NEW YORK.
See New York, Port of.
POUGHKEEPSIE, VILLAGE OF.
Court-house and gaol at — chap. 6Ty 8th sess 119
PRECINCTS.
See Towns.
PRISONERS.
Bailment of persons — chap. 31, loth sess 405
Breaking pnson, concerning*— chap. 26, i ith sess 636
Rignt to bail — chap. 26, lotn sess 395
PRIVATE ACTS.
Aspinwall, John — chap. 52, 9th sess.
Avory, Anne — chap. 10, 9th sess 188
Barclay, James — chap. 17, oth sess 106
Bevier, Daniel — chap, 41, 8th sess 81
INDEX. 879
Byvanck, Anthony — chap. 9 8th sess 19
Casey, Teunis, alias Keire — chap. 3» 8th sess 3
Golden, Cadwallader — chap. loi, loth sess 579
Debeavois, Jacobus — chap. 8, 8th sess 19
Debeavois, Joost — chap. 26, 8th sess 54
Delaplaine, Sarah Ann — chap. 83, nth sess 808
Denton, Jonas —chap. 13, 8th sess 26
Denton, Thomas — chap. 22, 8th sess 51
Edmeston, Robert — chap, i, i ith sess 592
Evans, Charles, John and Agatha — chap. 65, 9th sess., 326; chap. 96, loth sess. 566
Fitch, John — chap. 57, loth sess 472
Griffen, John — chap. 3, 9th sess 180
Hempsted, Robert — chap. 62, 9th sess 322
Hicks, Thomas — chap. 100, loth sess 578
Livingston, Philip — chap. 21, 8th sess 48
Lynch, Dominick — chap. 6, 9th sess 182
Maitland, Richard — chap. 85, loth sess., 535; chap. 51, nth sess '. 716
Moore, Benjamin, Sr — chap. 50, 8th sess., 96; chap. 2, 9th sess 179
Naturalization, divers persons — chap. 79, 8th sess.. 146; chap. 6, 9th sess.,
182; chap. 47, 9th sess., 290; chap. 91, loth sess., 556; chap, i, nth sess.
592 ; chap, 87, I Ith sess * 813
Piatt, Daniel and Benjamin — chap. 36, 8th sess , 70
Provoost, David — chap. 89, 8th sess 168
Remsen, Hendrick — cnap. 60, loth sess 477
Richards, Elizabeth — chap. 43, 8th sess 83
Shoub, Ludewig, and Peter Larman — chap. 1 3, 8th sess 26
Smeed, Samuel, and Niles Higgin bottom — chap. 36, 8th sess 70
Spier, Abraham — chap. 77, 8tn sess 145
Van Cortlandt, William R. — chap. 85, 8th sess 164
Van Rensselaer, Stephen — chap. 57, 9th sess 306
Van Wyck, Isaac — chap. 52, 8tn sess 99
See, also, Relief Acts.
PRIVILEGE.
Inconveniences from, to prevent — chap. 34, i ith sess 651
PROBATE, COURT OF.
See Courts.
PROCESS.
Service and return of — chap. 32, loth sess 407
See, also, Courts.
PROCTOR.
See Courts.
PROFANITY.
Act to suppress — chap. 42, i ith sess 679
PROMISSORY NOTES.
Giving relief on — chap. 33, nth sess 650
PROSECUTIONS.
Certain, to be discontinued — chap. 10, 8th sess 20
PROTECTION.
Delays of trial by, to prevent — chap. 5, loth sess 350
PROTESTANT EPISCOPAL CHURCH.
See Churches.
PROVOOST, DAVID.
Estate vested in trustees — chap. 89, 8th sess .' 168
PUBLIC INSTRUCTION.
See Education.
880 INDEX. -
PUBLIC LOANS AND PUBLIC MONIES.
Accounts, settlement of — chap. 95, i ith sess , 837
Arrears of taxes payable in certificates — chap. 77, i ith sess 799
Auditor, act appointing, continued — chap. 20, 9th sess 199
Bills of credit, cancellation of certain — chap. 32, 8th sess 64
lor £ 200.000 to be loaned — chap. 40, 9th sess., 253 ; chap. 64, 9th sess 326
issue of 1788 — chap. 30, i ith sess 640
Certificates, redemption of — chap. 93, i ith sess 834
Colonial loans, relating to — chap. 60, 8th sess., 106 ; chap. 76^ 8th sess 145
Committee of safety, persons paying monies to — chap. 102, loth sess 580
Congress may levy imposts to pay war debt — chap. 61, 9th sess 320
Copper coin, regulating — chap. 97, loth sess 569
Counterfeiting securities — chap. 88, 8th sess 168
Lott, Abraham, late treasurer, accounts of — chap. 70. 8th sess 123
Public secunties, payable to bearer — chap. 19, 9th sess 199
redemption ot —chap. 93, i ith sess 834
State agent's certificates, relief of persons holding — chap. 51, loth sess 465
United States, payments to —chap. 53, 8th sess., 100; chap. 48, 9th sess. . . . 291
See, also. Appropriations.
PUBLIC MONUMENTS.
Defacing of — chap. 88, i ith sess 814
PUBLIC OFFICERS.
Actions by or against — chap. 27, loth sess 399
Auditor, office continued — chap. 20, 9th sess., 199 ; chap. 39, nth sess 675
Buying and selling of, prohibited — chap. 16, i ith sess 625
Commissioners of forfeitures, abolished — chap. 90, nth sess 818
Constables, security to be given — chap. 16, 8tn sess 31
Coroners, act concerning — chap. 18, loth sess 386
County treasurers, relating to — chap. 65, i ith sess 772
Customs officers — chap, c, 8th sess 7
Extortion, to prevent — chap. /19, nth sess 632
Justices of the peace, concerning — chap. 8, loth sess 352
Oaths required of — chap. 28, i ith sess 637
Privilege, preventing abuses — chap. 34, i ith sess 651
Regents of the University — chap. 15, 8th sess., 30 ; chap. 82, loth sess 524
Sheriffs, security to be given by — chap. 16, 8th sess 31
State treasurer, continued in office — cnap. i, 8th sess.. 1 ; chap. 4, 9th sess. . . 180
Supervisors, clerks of — chap. 65. i ith sess 772
Town officers — chap. 64, i ith sess 762
PUBLIC RECORDS.
Surveyor general's office — chap. 23, 8th sess 52
PUBLISHERS.
Copyright, providing for — chap. 5479th sess 298
PURVEYANCE.
Right oi, abolished — chap. 2, loth sess 346
Q.
QUAKERS.
May affirm — chap. 33, loth sess 410
QUEENSBURY, TOWN OF,
Erected — cnap. 18, 9th sess 196
QUEENS COUNTY.
Boundaries of — chap. 63, i ith sess 745
Court-house and gaol, erection of— chap. 44, nth sess., 84; chap. 46, 9th sess. 289
Courts, terms of — chap. 30, 9th sess , 237
INDEX. 881
Ferried to Westchester county — chap. 46, 8th sess., 91 , chap. 71, 8th sess ... 138
Hempstead, North and South, oystenng in — chap. 64, nth sess 762
Newtown, arrears of taxes in — chap. 70, loth sess 495
drainage of lands in —chap. 45, 9th sess 288
Poor taxes, arrears of — chap. 55, 8th sess loi
Prisoners to be removed from New York jail — chap. 17. loth sess 385
Towns in — chap. 64, iith sess 749
QUIT RENTS.
Collection and commutation of — chap. 23, 9th sess., 203; chap. ^(), joth sess.,
502; chap. 39, I ith sess 675
Upton, Francis, relief of — chap. 84, nth sess 809
QUO WARRANTO.
Proceedings m, regulating — chap. 11, nth sess 615
R.
RAPE.
Appeals of — chap. 30, loth sess 404
To prevent and punish — chap. 23, loth sess 393
RAPELIE, GARRET.
Relief of — chap. 52, loth sess 465
REAL ACTIONS.
Recovery of damages in — chap. 3, loth sess . 347
REAL ESTATE.
See Lands.
RECORDERS' COURTS.
See Courts.
RECORDS.
Convejrances. proof of — chap. 44, i ith sess 689
Mortgages, proof of — chap. 45, nth sess 690
Patents m secretary's office — chap. 13, 9th sess 194
Stealing and avoiding of - chap. 22, i ith sess 634
Surveyor-General's office — chap. 23, 8th sess 52
REFORMED PROTESTANT DUTCH CHURCH.
General act for incorporation of — chap. 61, i ith sess 730
See, also, Churches.
REGENTS OF THE UNIVERSITY.
Board of, established —chap. 15, 8th sess., 30; chap. 82. loth sess 524
REGISTER IN CHANCERY.
Fees of — chap. 71, 8th sess 125
RELIEF ACTS.
Absconding and absent debtors, relief against — chap. 24, 9th sess., 207 ; chap.
54, loth sess 466
Banyar, Goldsbrow, and others — chap. 93, loth sess 561
Blake, Jane, and creditors of Jonathan — chap. 5, 8th sess 6
Byvanck, Peter — chap. 102, loth sess 5^4
Carpenter, John — cnap. 74, 8th sess 141
Chase, William — chap. 59, i ith sess 727
Clark, Thomas - chap. Ti, 8th sess » 39
Close, Benjamin, heirs of- chap. 93, loth sess 559
CZoG, Benjamin — chap. 86. 8th sess 166
Collectors of taxes — chap. 30, 8th sess 61
Committee of safety, persons paying money to chap. 102, loth sess 580
Creditors against heirs, executors, etc. - chap. 27. 9th sess 230
V0L.v3. — III
882 INDEX.
Fowler, Theodosius, and others — chap. 93, loth sess .• 558
Hertenburgh, Ram — chap. 74, 8th sesa 141
Hunt, David, executors of — chap. 64, 8th sess 112
Hunt, Jesse — chap. 87, loth sess 542
Insolvent debtors — chap. 14, 8th sess., 27; chap. 87, 8th sess., 167; chap. 22,
9th sess., 202; chap. 34, 9th sess., 242; chap. 98, loth sess., 570; chap. 92,
I ith sess 823
Kettle, Catharine — chap. 93. loth sess 561
Lamb, James, heirs of — chap. 93, loth sess 561
Lessees driven from lands during war — chap. 59, 8th sess 105
Lott, Abraham — chap. 40, loth sess 430
Mersereau, Joshua — chap. 25, loth sess 395
Micheau, Benjamin — chap. 52, nth sess 716
Nicoll, Wilh'am — chap. 60, 9th sess 318
Noble, Arthur — chap. 25, loth sess 394
North East precinct, tax payers in —chap. 102, loth sess 583
Persons improperly taxea — chap. 75, 8th sess 143
in exile during the war, taxes — chap. 64, loth sess 485
Rapelie, Garret — chap. 52, loth sess. 465
Rutgers, Henry, and others — chap. 37, 9th sess 249
Smith, George — chap, 65. 8th sess 113
State agent's certificates, persons holding — chap. 51, loth sess 465
Stevenson, Edward, heirs of — chap. 93, loth sess 560
Thompson, John — chap. 48. 8th sess 94
Upton, Francis — chap. 84, nth sess 809
Van Derlocht, William, and others — chap. 94. nth sess 835
Vardell, Thomas — chap. 62, 8th sess no
Wattles, Sluman — cbap. 25, loth sess 395
Weissenfels, Frederick — chap. 41. loth sess 43^
See, also, Private Acts.
REMSEN, HENDRICK.
Estate vested in trustees — chap. 60, loth sess 477
rensselaerwyck, manor of.
Colonic, highways in — chap. 44, 9th sess 286
RENTS.
See Lands; Quit Rents; Tenants.
REPLEVIN.
Action of, to prevent abuses by — chap. 5, nth sess 597
REVERSIONS.
See Lands.
REVISION OF THE LAWS.
Provisions for — chap. 35, 9th sess 247
RHYNBECK, PRECINCT OF.
Clinton precinct erected from — chap. 15, 9th sess i94
RICE, JOHN.
Pension to — chap. 17, 8th sess 4^
RICHARDS, ELIZABETH.
Estate vested in trustees — chap. 43, Sth sess 83
RICHMOND COUNTY.
Boundaries of - chap. 63, i ith sess 74^
Courts, terms of chap. 30, 9th sess 237
Dog tax in - chap. 1 1, 9th sess 189
Highways, general act extended to — chap. 78, Sth sess 146
Micheau, Beniamm, late treasurer, relief of — chap. 52, nth sess 7^^
Towns in - cnap. 64, nth sess. . 749
INDEX. 883
RIGHTS OF CITIZENS.
Act concerning — chap, i, loth sess , . , , 344
Purveyance abolished — chap. 2, loth sess 346
ROADS.
See Highways.
RUTGERS, HENRY.
Auditing of accounts of — chap. 37, 9th sess 249
SAGG HARBOR.
Custom-house at — chap. 6, 8th sess 7
SALARIES.
See Appropriations.
SALEM, TOWN OF.
Erected — chap. 18, 9th sess 196
SANDY HOOK.
Light-house at — chap. 19, 8th sess., 46 ; chap. 5, 9th sess 181
SCHENECTADY, VILLAGE OF.
Malicious mischief in — chap. 66, loth sess 489
Night watch and firemen — chap. 49, i ith sess 712
SCHOOLS.
' See Education.
SEAMAN, ISRAEL.
Forfeited estate vested in James Franklin — chap. 102, loth sess 581
SECRETARY OF STATE.
Fees of — chap. 71, 8th sess 137
Patents, records to be transcribed — chap. 13, 9th sess 193
SENATE.
See Legislature.
SEQUESTRATION.
See Commissioners of Sequestration ; Forfeited Estates.
SERVANTS.
Act concerning — chap. 15, nth sess 620
Embezzlement by — cnap. 23, nth sess 635
SHERBROOKE, MILES.
May return to State — chap. 73, loth sess 500
SHERIFFS.
Act concerning, service of process — chap. 32, loth sess 407
Fees of — chap. 71, 8th sess . . 135
Security to be given by — chap. 16, 8th sess 31
SHIPPING.
Tonnage, duty on — chap. 19, 8th sess., 46 ; chap. 5, 9th sess. . . . . ji 181
SHOUB, LUDEWIG.
Mine discovered by — chap. 13. 8th sess 26
SLAVES.
General act concerning — chap. 40, i ith sess 675
Manumission of — chap. 68, 8th sess 121
884 INDEX.
SMEED, SAMUEL.
Mine discovered by — chap. 36, 8th sess jo
SMITH, GEORGE.
Suspension of attorney's hcense revoked — chap. 65, 8tn sess 113
SOCIETY OF THE HOSPITAL, NEW YORK CITY.
Excise monies to be paid to — chap. 48, i ith sess 709
SOLICITORS.
See Attorneys and Counsellors; Courts.
SOUTHAMPTON, TOWN OF.
Fencing highways in — chap. 24. 8th sess , 53
SPIER, ABRAHAM.
Real estate of, deceased, sale of — chap. 77, 8tn sess 145
STAGE ROUTES.
New York to Albany — chap. 52, 8th sess 99
STATE AGENTS.
Accounts of, and claims against — chap. 80. 8tn sess 147
Relief of persons holding certificates of — cnap. 51, loth sess 465
STATE TREASURER.
Bancker. Gerard, continued in office — cnap, i, 8tn oess., i ; chap. 4, 9th sess. 180
Lott, Abraham, Colonial, accounts of — chap. 70, 8tn sess 123
STATUTE OF FARUDS
General act — chap. 44, loth sess ^ 438
STATUTE OF LIMITATIONS.
Civil and criminal actions — chap. 43, i ith sess 683
STAVES.
Culling of, for exportation — chap. 56. i ith sess 723
STEAMBOATS.
Monopoly of, granted to John Fitch — chap. 57, loth sess 472
STEUBEN, BARON.
Grant of lands to — chap. 67, 9th sess 341
STEVENSON, EDWARD.
Relief of heirs of — chap. 93. loth sess 560
SUFFOLK COUNTY.
Appropriation to, for cattle sent to Connecticut — cnap. io2, loth sess 589
Arrears of taxes levied during war — chap. 32, 9tn sess 240
Boundaries ol — chap. 63. i itn sess 745
Court-house and gaol, repairs — chap. 44, 8th sess 84
Fish, protection of— chap. 39, 9th sess., 252; lepealed — chap. 27. nth sess.. 637
Highways, general act extended to — chap. 38, 8th sess 72
Southampton, fencing roads in — chap. 24, 8th sess. 53
Towns in — chap. 64. i ith sess 748
Woods, finng of— chap. 31, 8th sess 62
SUNDAY.
Unlawful acts on — chap. 42, i ith sess 679
SUPERVISORS.
Duty of, in apportioning taxes — chap. 65. nth sess 770
SUPREME COURT.
See Courts
INDEX. 885
SURROGATES.
Fees of — chap. 71, 8th sess 137
See, also, Courts.
SURVEYOR-GENERAL.
Annual salary to — chap. 6;j, 9th sess 341
Forfeited estates, empowered to sell — chap. 90, i ith sess 818
Maps and surveys, in office of — chap. 23, 8th sess 52
Office removed to Albany — chap. 60, 8th sess 118
TAPPEN, PETER.
Dutchess county indebtedness to — chap. 78, i ith sess 801
TARIFF.
See Trade and Commerce.
TAVERNS.
Regulating inns and — chap. 48, nth sess 707
TAXES.
See Assessment and Taxation.
TENANTS.
Distress for rent, concerning — chap. 36, i ith sess 655
Waste by, to prevent — chap. 6, lotn sess 350
See, also. Lands.
TENANTS IN COMMON.
Partition of lands held by — chap. 8, i ith sess 605
TENANTS IN TAIL.
Conveyances confirmed — chap. 12, 9th sess 191
TENURES.
Act concerning — chap. 36, loth sess 415
THOMPSON, JOHN.
Grant of lands to — chap. 48, 8th sess 94
TITLE.
Lands, relating to — chap. 12, 9th sess 191
Tenures, act concerning — chap. 36, loth sess 415
Uses, act concerning — chap. 37, loth sess 416
TONNAGE.
See Shipping-
TOWN MEETINGS.
General provisions, act dividing counties into towns — chap. 64, 1 ith sess.. . 762
More oroerly holding of — chap. 16, loth sess 384
TOWNS.
Act dividincf'counties into — chap. 64, 1 ith sess 748
Bastard children, support of — chap. 14, i ith sess 61 8
Beekman and Plattsburgh, boundary of — chap. 55, 9th sess 300
Charlotte precinct, name changed to Washington — chap. 15, 9th sess 194
Chemung erected — chap. 95, nth sess 846
Clermont erected — chap. 49, loth sess 455
Clinton precinct erected out of Charlotte and Rhynbeck — chap. 15, 9th sess. 194
Division of State into — chap. 64, i ith sess 748
Duanesburgh erected — chap. 95, i ith sess 848
Excise commissioners in — chap. 48, i ith sess 707
Foihall, manor of, annexed to Kingston — chap. 49» loth sess 455
886 INDEX.
Harpersfield erected — chap. 102, loth sess 588
Plattsburgh, districts annexed to — chap. 18, 9th sess 198
erected — chap. 57, 8th sess 103
Poor, general act lor relief of — chap. 62, i ith sess 731
Washington county, towns in — chap. 18, 9th sess , 196
Woodstock erected — chap. 80, loth sess 508
TRADE AND COMMERCE
Auction, sales by, amended — chap. 29, 9th sess 237
Beef, inspection of, for exportation — chap. 55, i ith sess 719
Butter and lard, inspection of, for exportation — chap. 53, nth sess 717
Congress may levy imposts to pay war debt — chap. 61, 9th sess 320
may prohibit importations and exportations — chap. 56, 8th sess 102
Cordage, additional duty on — chap. 08, 8th sess 120
Custom-houses, New York and Sagg Harbor — chap. 6, 8th sess 7
Duties imposed on goods, wares and merchandize — chap. 7, 8th sess., 11;
chap. 34, 8th sess., 65; chap. 76, 8th sess., 145; chap. 81, loth sess., 509;
chap. 72, nth sess 786
Flax seed, inspection of, for exportation — chap. 50, nth sess 714
Flour, inspection of, for exportation — chap. 35, 8th sess., 66; chap. 58, nth
sess 725
Lumber, inspection of, for exportation — chap. 50, nth sess 714
Meal, inspection of, for exportation — chap. 58, i ith sess 725
Pork, inspection of, for exportation — chap. 55, i ith sess 719
Relief of certain importers — chap. 72, i ith sess 786
Staves and heading, inspection of, for exportation — chap. 5, 9th sess., 181;
chap. 56, I Ith sess 723
Tonnage, duty on — chap. 19, 8th sess., 46 ; chap. 5, 9th sess 181
Wrecks, and goods lost at sea, concerning — chap. 28, loth sess 400
TREASON.
Act for punishing — chap. 37, i ith sess 664
Defined, and regulating trials — chap. 29, loth sess 402
TREASURER, STATE
See State Treasurer.
TREATIES.
Acts repugnant to, with Great Britain, repealed — chap. 41, i ith sess 679
Indian. (See Indian Affairs.)
TRESPASSES.
Malicious mischief in certain cases — chap. 66y loth sess 489
Relief in case of certain, amended — chap. 71, loth sess 496
See, also. Courts.
TRINITY CHURCH, NEW YORK.
Change of name — chap. 66, nth sess 776
TRUSTS.
Act concerning uses — chap. 37, loth sess. • 416
u.
ULSTER COUNTY.
Boundaries of — chap. 63, i ith sess 746
Courts, terms of — cnap. 30, 9th sess 237
Dutchess county, prisoners in jail of— chap. 51, 8th sess 98
Foxhall annexed to Kingston — chap. 49, loth sess 455
New Paltz, partition of lands — chap. 45, 8th sess 86
New Stamford, partition of lands — chap. 102, loth sess 586
Poor and contingent charges repealed — chap. 56, 9th sess 305
Supervisors and assessors. Colonial, repealed — chap. 56, 9th sess 305
Towns in — chap. 64, nth sess 754
Woodstock, town erected — chap. 80, loth sess 508
INDEX. . 887
UNAPPROPRIATED LANDS.
See Lands.
UNITED STATES OF AMERICA.
Act of Congress of August 2, 1786, acceded to — chap. 83, loth sess. 531
Accounts with State, settlement of — chap. 95, nth sess 837
Articles of confederation amended — chap. 63, 8th -jess 112
Congress may levy imposts to pay war debt — chap. 61, 9th sess 320
Payments from State treasury to — chap. 53, 8th sess., 100; chap. 48, 9th sess. 291
Treaty with Great Britain, acts repugnant repealed — chap. 41, nth sess 679
Troops for army of — chap. 82, 8tn sess 1 53
UNIVERSITY, REGENTS OF.
See Regents of the University.
UPTON, FRANCIS.
Payment of quit rents by — chap. 84, nth sess 809
USES.
Act concerning — chap. 37, loth sess 416
USURY.
Act to prevent — chap. 13, loth'sess 365
V.
VAN CORTLANDT, WILLIAM R.
Estate vested in trustees — chap. 85, 8th sess 164
VAN DERLOCHT, WILLIAM.
Relief of — chap. 94, nth sess 835
VAN RENSSELAER, STEPHEN.
Agreement between heirs and executors confirmed — chap. 57, 9th sess 306
VAN WYCK, ISAAC.
Exclusive right to stage route, New York to Albany — chap. 52, 8th sess 99
VARDELL, THOMAS.
Relief of — chap. 62, 8th sess no
VERMONT, STATE OF.
Grant of lands to sufferers in opposing government of— chap. dT^ 9th sess.,
338; chap. 89, nth sess 815
w.
WAGER OF LAW.
Trial by, abolished — chap. 5, loth sess 350
WALTON, WILLIAM.
Conveyance to Charles John Evans — chap. 65, 9th sess 326
WAR CLAIMS.
Appropnations for sundry — chap. 90, 8th sess., 170; chap, (id^ 9th sess., 328;
cnap. 102, loth sess 584
Audit of certain — chap. 17, 8th sess., 40; chap. 80, 8th sess., 147; chap. 95,
I ith sess 837
Hazen, Col. Mo$es, allowance of lands to soldiers of — chap. 93, loth sess 562
See, also. Military Affairs.
888 • INDEX.
WASHINGTON COUNTY.
Beekman and Plattsburgh, boundary — chap. 55, 9th sess 300
Boundaries of — chap. 63, i ith sess 747
Courts, terms of — chap. 37, 8th sess 71
to be held at Fort Edward — chap. 102, loth sess .* 588
Elections in, and Clinton county — cHap. 63, nth sess 747
New Perth, lands at, relating to — chap. 73, 8th sess 139
Plattsburgh, town erected — chap. 57, 8th sess 103
Poor and contingent charges, repealed — chap. 56, 9th sess 305
Towns, division of county into — chap. 18, 9th sess., 196; chap. 64, nth sess. 759
WASHINGTON PRECINCT.
Name changed from Charlotte — chap. 15, 9th sess 194
WASTE.
To prevent — chap. 6, loth sess 350
WASTE LANDS.
See Lands.
WATTLES, SLUMAN.
Land grant to — chap. 25, loth sess 395
WATTS, ROBERT.
Appropriation to, for release of lands — chap. 102, loth sess 584
W A WAY AN DA, PATENT OF.
Cheescocks boundary, amended — chap. 38, 9th sess 250
WEIGHTS AND MEASURES.
Acre, how much land to contain — chap. 13, i ith sess 618
Wheat, sixty pounds to the bushel — chap. 58, i ith sess 726
WEISSENFELS, FREDERICK.
Certificates to ^roops of — chap. 102, loth sess 584
Settlement of accounts of — chap. 41, loth sess .... 430
WEMPLE, ABRAHAM.
Grant of lands to — chap. 67, 9th sess 340
WENDELL, DAVID. '
Pension to — chap. 17, 8th sess 41
WESTCHESTER COUNTY.
Boundaries of — chap. 63, nth sess 746
Court-houses and gaol, tax for — chap. 59, 9th sess., 316; chap. 60, nth sess. 728
Courts, terms of — chap. 30, 9th sess 237
Ferries to Queens county — chap. 46, 8th sess., 91 ; chap. 72, 8th sess 138
Poor and contingent charges, repealed — chap. 56, 9th sess 305
Poor in Cortlandt, Yorktown, Stephontown, Philipsburgh, Greenburgh and
Mt. Pleasant — chap. 64, nth sess 762
Towns in — chap. 64, i ith sess 750
WESTCHESTER, TOWN OF.
Ferry to Flushing — chap. 72, 8th sess 381
WESTFIELD, TOWN OF.
Erected — chap. 18, 9th sess 196
WHEAT.
Standard weight of — chap. 58, i ith sess 726
WHITEHALL, TOWN OF.
Erected — chap. 18, 9th sess 196
INDEX. 889
WHITE PLAINS.
Court-house and gaol to be erected at — chap. 59, 9th sess 316
WIDOWS.
Right of dower — chap. 4, loth sess 347
WILLS.
Proving of — chap. 27, 9th sess., 230 ; chap. 38, loth sess 419
Statute concerning — chap. 47, loth sess 445
WITNESSES.
Fees of — chap. 71, 8th sess 133
WIVES.
Bigamy, to prevent — chap. 24, nth sess 635
WOMEN.
Forcible taking of, to prevent — chap. 23. loth sess. .. . ! 393
Rape, appeals of, by — chap. 30, loth sess 404
WOODS.
Suffolk counter, firing of — chap. 31, 8th sess 62
To prevent firing of — chap. 71, nth sess 785
WOODSTOCK, TOWN OF.
Erected — chap. 80, loth sess 508
WRECKS.
Act concerning — chap. 28, loth sess 400
WRITS OF ASSISE.
See Assise, Writs of; Courts.
WRITS OF RIGHT.
Regulating trials upon — chap. 7, 9th sess 182
Vol. 2. — 112
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